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Journal articles on the topic 'Umbrella clauses'
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Footer, Mary E. "Umbrella Clauses and Widely-Formulated Arbitration Clauses: Discerning the Limits of icsid Jurisdiction." Law & Practice of International Courts and Tribunals 16, no. 1 (June 21, 2017): 87–107. http://dx.doi.org/10.1163/15718034-12341343.
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This article examines the scope and the limits of icsid arbitration involving umbrella or “observance of undertakings” clauses and widely-formulated arbitration clauses, both of which may provide investors with broad recourse to dispute settlement for disputes related to investment, as defined in the applicable bilateral investment treaty (bit). It does so by analysing the origins and rationale behind both clauses as well as how they operate in principle and in practice. It appears there is no jurisprudence constante concerning the application of either clause. However, a clearer picture is emerging in icsid jurisprudence of an effective, occasionally prospective, application of the umbrella clause and some limited deference to widely-formulated arbitration clauses. It is balanced by other icsid arbitral decisions that seek to limit the scope and application of the umbrella clause on a variety of grounds.
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Bakhshali Zeynalli, Nargiz. "SIGNIFICANCE OF UMBRELLA CLAUSES IN INTERNATIONAL INVESTMENT LAW." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 362–65. http://dx.doi.org/10.36719/2663-4619/65/362-365.
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A large number of investment treaties contain provisions, often referred to as ‘umbrella clauses’, that require host states to respect non-treaty commitments and obligations made to foreign investment covered by the treaty. This article examines the general nature of umbrella clauses, their historical background, the various forms that they can take, and their application by arbitral tribunals. In view of the unsettled state of the jurisprudence on umbrella clauses, the article concludes with a suggested framework of analysis for applying umbrella clauses to specific investments, setting out a number of questions which persons applying umbrella clauses should seek to address. Key words: arbitration, umbrella clauses, international treaty obligations, foreign investment, bilateral investment treaties, contractual obligations
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Borg, Guillaume, and Jean-Christophe Honlet. "The Decision of the ICSID Ad Hoc Committee in CMS v. Argentina Regarding the Conditions of Application of an Umbrella Clause: SGS v. Philippines Revisited." Law & Practice of International Courts and Tribunals 7, no. 1 (2008): 1–32. http://dx.doi.org/10.1163/157180308x332739.
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AbstractIn CMS v. Argentina, an ICSID ad hoc Committee partially annulled the first ICSID award on the merits dealing with the 2000–2002 Argentine crisis, for failure to state reasons regarding the conditions of application of an umbrella clause. This question was somewhat overshadowed in prior cases by the question of the clause's effect. The key finding of the Committee is that an umbrella clause does not change the content, proper law of, and parties to, the obligations of the State, the breach of which may trigger the umbrella clause. The decision of the CMS ad hoc Committee has sparked debate as to whether the Committee was entitled, within the limited framework of its annulment powers, to suggest such an interpretation of the conditions of application of umbrella clauses. The focus of this article is different and twofold. Because the CMS ad hoc Committee did suggest such an interpretation, the article first traces its roots to the decision on jurisdiction in SGS v. Philippines. It then evaluates the consequences that would appear to follow from the Committee's findings at three levels. 1) May all types of State obligations trigger an umbrella clause? 2) May an umbrella clause apply to obligations undertaken by a State towards a subsidiary of an investor, as opposed to the investor itself? 3) May it apply to obligations undertaken towards investments or investors by state-owned or state controlled entities having their own legal personality distinct from the State?
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Gözlügöl, Alperen Afşin. "The Effects of Umbrella Clauses: Their Relevance in Interpretation and in Practice." Journal of World Investment & Trade 21, no. 4 (August 10, 2020): 558–94. http://dx.doi.org/10.1163/22119000-12340184.
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Abstract Umbrella clauses have sparked one of the great debates in international investment law as regards their proper construction. This article argues that a particular line of reasoning and interpretation appears to be unduly focusing on the effects of such clauses in the process of construing them. In other words, what seems to occur in the interpretation of umbrella clauses is that some tribunals, frightened by the far-reaching consequences, construe such clauses more narrowly. I call this phenomenon ‘adverse effects analysis’ and demonstrate that it is inconsistent with the proper construction of umbrella clauses in accordance with the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT). In this course, the effects of umbrella clauses in practice are also put forward along with an analysis of them under ‘manifest absurdity or unreasonableness test’ pursuant to Article 32(b) of VCLT.
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De Luca, Anna. "Umbrella Clauses and Transfer Provisions in the (Invisible) EU Model BIT." Journal of World Investment & Trade 15, no. 3-4 (July 28, 2014): 506–33. http://dx.doi.org/10.1163/22119000-01504008.
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The draft Investment Chapter of the Comprehensive Economic and Trade Agreement (ceta) between the European Union (eu) and Canada includes an umbrella clause, on eu’s proposal. Nevertheless, the inclusion in the final text of such a clause appears to be uncertain. Furthermore, the wording of the umbrella clause, proposed by the eu, fails to address all uncertainties regarding the effects and scope of application of umbrella clauses still existing in jurisprudence. Conversely, the inclusion in the draft Investment Chapter of a transfer provision, accompanied with safeguard provisions in case of serious balance-of-payments difficulties and external financial difficulties, does not seem to be a contested issue between the Member States and Canada. A new development at the eu level might make investment protection matters more complicated: following the opening of the negotiation on a free trade agreement with the us, some Member States (such as Germany) oppose investment arbitration tout court at least in the prospective eu-us ceta.
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Meurling, E., and B. Volders. "Umbrella Clauses in International Investment Litigation." European Procurement & Public Private Partnership Law Review 2, no. 2 (2007): 7. http://dx.doi.org/10.21552/epppl/2007/2/54.
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de Lucas, Jaime Bandrés. "Umbrella Clauses: Uncertain Contract Protection Under IIAS." Journal of Globalization, Competitiveness, and Governability 10, no. 2 (July 26, 2016): 100–113. http://dx.doi.org/10.3232/gcg.2016.v10.n2.06.
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Morales, Nicolas Gamboa. "Algunas Consideraciones sobre Antecedentes y Evaluación Arbitral de las Cláusulas Paraguas." Revista Brasileira de Arbitragem 6, Issue 22 (April 1, 2009): 116–29. http://dx.doi.org/10.54648/rba2009024.
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RESUMO: O artigo trata das umbrella clauses, de sua definição como sendo aquelas que, de maneira geral, permitem elevar o nível do conflito surgido em relação a um contrato entre um investidor e o Estado receptor do investimento, ao âmbito internacional. Descreve os antecedentes destas cláusulas e finaliza mencionando sentenças arbitrais, proferidas a partir de 2003, nas quais se tentou traçar uma linha divisória e fixar um horizonte às umbrella clauses.
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Hur, Yunseok, and Jaewoong Yoon. "Application of Umbrella and Most Favored Nation Clauses Related to Restrictions Imposed on the Ratione Materiae of an Arbitration Clause." Korean Academy Of International Commerce 38, no. 1 (March 31, 2023): 85–102. http://dx.doi.org/10.18104/kalc.2023.38.1.85.
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Purpose: This study analyses the umbrella clause and the most favored nation clause by focusing on A11Y Ltd. v. Czech Republic issued under international commercial arbitration.
Research design, data, and methodology: Typical case analysis deals with the issues surrounding the selection of applicable cases for international commercial arbitration.
Results: Under the arbitration clause, which explicitly excludes disputes regarding the FET clause and the non-discrimination clause, it is not acceptable to invoke both clauses through an umbrella clause.
Conclusions: Above all, from the facts of this case, it is thought that even if the jurisdiction is expanded, difficulties accompany the complete citation of a claim on the merits. Regarding a non-discrimination obligation, the Tribunal denies the distinction of administrative rules in the context of expropriation. On the other hand, the inappropriate behavior of the Labor Bureau is acknowledged, and there is room for violation of FET or the obligation to prohibit investment damage.
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Petsche, Markus. "Restrictive Interpretation of Investment Treaties: A Critical Analysis of Arbitral Case Law." Journal of International Arbitration 37, Issue 1 (March 1, 2020): 1–26. http://dx.doi.org/10.54648/joia2020001.
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This article critically discusses the recourse to the principle of restrictive interpretation (in dubio mitius) by treaty-based investor-state arbitral tribunals. Although its status as a rule of international law is at best controversial, in dubio mitius has been applied by a number of arbitral tribunals interpreting umbrella clauses and most-favoured-nation (MFN) provisions contained in investment treaties. This article shows that restrictive interpretation is inappropriate and undesirable. It highlights, first of all, that no rational justification for in dubio mitius exists and that the sovereignty-based rationale put forward is obsolete, illogical and largely dysfunctional. It also shows that restrictive interpretation frequently clashes with other, more fundamental, rules of treaty interpretation and that in dubio mitius interpretation of investment treaties has an inherently discriminatory effect on investors. Investment Treaties, Treaty Interpretation, Restrictive Interpretation, In Dubio Mitius, Umbrella Clause, Mfn Provision, State Sovereignty, Investment Law
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Caline Mouawad and Elodie Dulac. "The Protection Offered by “Umbrella Clauses” in Korean Investment Treaties." JOURNAL OF ARBITRATION STUDIES 23, no. 3 (September 2013): 127–47. http://dx.doi.org/10.16998/jas.2013.23.3.127.
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Uysal, Ezgi. "Sustainability Clauses in ‘Public’ Contracts." European Review of Contract Law 20, no. 1 (April 1, 2024): 105–27. http://dx.doi.org/10.1515/ercl-2024-2004.
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Abstract Under the Public Sector Directive, public buyers are allowed to include sustainability considerations in their purchasing decisions within the limits of the principles of procurement. This framework allows criteria linked to the subject matter to be contractualised. Though different criteria are widely employed in public procurement within the umbrella of sustainable public procurement, the literature mostly focuses on stages leading to the contract award instead of considering the public contract as a document incorporating contractual obligations. On the other side, green and social commitments in (business) contracts are considerations that are not necessarily linked to the subject matter. Though their value is acknowledged, their enforcement proves to be challenging due to the restraints of contract law. By using European contract law as a reference point, this paper compares sustainability clauses in business contracts to sustainability clauses in public contracts – to determine whether the EU regime applicable to public contracts offers solutions to these hurdles.
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Shookman, Jamie. "Too Many Forums for Investment Disputes? ICSID Illustrations of Parallel Proceedings and Analysis." Journal of International Arbitration 27, Issue 4 (August 1, 2010): 361–78. http://dx.doi.org/10.54648/joia2010021.
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Parallel proceedings occur when the same cause of action is adjudicated in more than one forum, either before multiple domestic courts, domestic and international courts, or before multiple international forums. Parallel proceedings are problematic at both the national and international levels as they waste money and conflicting results undermine legal certainty. The doctrines of lis pendens and res judicata are the most common solutions to managing the problem, yet both are difficult to apply in the arbitration context. Other mechanisms, such as anti-suit injunctions, so-called umbrella clauses, and fork-in-the-road clauses, are therefore intended to target the problem of parallel proceedings in international arbitration. Parallel proceedings are particularly problematic in investment arbitration because of features in investment treaties such as bilateralism, non-exclusivity, exclusion of local remedies and multiple investor claims. Two recent ICSID cases, SGS v. Pakistan and Toto v. Lebanon, reveal some of the current problems with creating rules on parallel proceedings in investment arbitration. The cases demonstrate that the distinction between treaty claims (which trigger ICSID jurisdiction) and contract claims (which are typically adjudicated in national courts) is untenable and likely to increase future parallel proceedings. The distinction is especially difficult to maintain because determining the nature of a claim is often a question of interpretation, and arbitral tribunals are hesitant to scrutinize a claimant’s formulation of its cause of action. The two cases also show the uncertain force of choice-of-forum clauses and how they often allow arbitrators to simply bypass parties’ previous agreements. Finally, umbrella clauses have created much confusion, as previous arbitral tribunals have interpreted nearly identical clauses in four different ways. The uncertainty surrounding the future management of parallel proceedings highlights deeper, unsolved questions regarding the power private international law affords multinational enterprises vis-à-vis sovereign states in an increasingly global legal order.
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Washington, Jonathan North, and Francis Morton Tyers. "Delineating Turkic non-finite verb forms by syntactic function." Proceedings of the Workshop on Turkic and Languages in Contact with Turkic 4, no. 1 (October 7, 2019): 115. http://dx.doi.org/10.3765/ptu.v4i1.4587.
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In this paper, we argue against the primary categories of non-finite verb used in the Turkology literature: “participle” (причастие ‹pričastije›) and “converb” (деепричастие ‹dejepričastije›). We argue that both of these terms conflate several discrete phenomena, and that they furthermore are not coherent as umbrella terms for these phenomena. Based on detailed study of the non-finite verb morphology and syntax of a wide range of Turkic languages (presented here are Turkish, Kazakh, Kyrgyz, Tatar, Tuvan, and Sakha), we instead propose delineation of these categories according to their morphological and syntactic properties. Specifically, we propose that more accurate categories are verbal noun, verbal adjective, verbal adverb, and infinitive. This approach has far-reaching implications to the study of syntactic phenomena in Turkic languages, including phenomena ranging from relative clauses to clause chaining.
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Canyaş, Asli Bayata. "How to interpret umbrella clauses in bilateral investment treaties: different perspectives and solutions." International Journal of Public Law and Policy 1, no. 1 (2022): 1. http://dx.doi.org/10.1504/ijplap.2022.10050132.
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Antony, J. "Umbrella Clauses Since SGS v. Pakistan and SGS v. Philippines - A Developing Consensus." Arbitration International 29, no. 4 (December 1, 2013): 607–40. http://dx.doi.org/10.1093/arbitration/29.4.607.
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Canyaş, Aslı Bayata. "How to interpret umbrella clauses in bilateral investment treaties: different perspectives and solutions." International Journal of Public Law and Policy 9, no. 4 (2023): 418–31. http://dx.doi.org/10.1504/ijplap.2023.134278.
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Panjwani, Pratyush. "The Role of Travaux in Interpreting BIT Provisions: Are Tribunals Over-Prepared to Resort to Preparatory Works?" Journal of World Investment & Trade 20, no. 4 (August 27, 2019): 473–512. http://dx.doi.org/10.1163/22119000-12340140.
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Abstract While multilateral investment treaties have formed the centrepiece of much academic discourse, an uncharacteristic literary silence has eclipsed the issue of interpretation of bilateral investment treaties under the scheme of the Vienna Convention on the Law of Treaties (VCLT). This article travels this untraversed territory by revisiting the basics of the principles encapsulated in the hierarchical set-up of Articles 31 and 32 VCLT, and juxtaposing this foundational set-up against its frequent oversights by investment tribunals. These oversights are exemplified by the divergent interpretative analyses afforded to umbrella and most-favoured-nation clauses, and emanate from a premature resort to the travaux préparatoires of investment treaties under Article 32 VCLT. Ultimately, the article argues that a proper application of the VCLT would go a long way in eliminating the contradictions tainting the understanding of the aforesaid clauses.
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de Borja, Ana Gerdau. "A Aplicação do Direito Comunitário em Arbitragens de Investimento." Revista Brasileira de Arbitragem 7, Issue 25 (March 1, 2010): 60–75. http://dx.doi.org/10.54648/rba2010003.
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ABSTRACT: This paper investigates the application of Community law as part of the law of the host state in investment treaty arbitration. In particular, it examines applicable law rules of investment treaties, default rules setting out applicable law rules, and umbrella clauses and broad jurisdiction clauses under such treaties. The author argues that the terms of a bilateral investment treaty (BIT), which derives from international law, define the scope and the limits of any reference to the law of the host state. In this sense, Community law, such as European Union and Andean Community law, can be applicable to investment treaty disputes as incorporated into the law of the host state, as long as the latter is the proper law of a particular legal relationship. The author concludes that, even where the frame of reference under the applicable law is state responsibility under international law, Community law may have implications which can be relevant for the interpretation of international standards under BITs.
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Gallus, N. "An Umbrella just for Two? BIT Obligations Observance Clauses and the Parties to a Contract." Arbitration International 24, no. 1 (March 1, 2008): 157–70. http://dx.doi.org/10.1093/arbitration/24.1.157.
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Carska-Sheppard, Andrea. "Issues Relevant to the Termination of Bilateral Investment Treaties." Journal of International Arbitration 26, Issue 6 (December 1, 2009): 755–71. http://dx.doi.org/10.54648/joia2009041.
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Unlike the umbrella clauses contained in bilateral investment treaties (BITs), the termination clauses and issues relevant to the termination of BITs have not sparked the same level of legal interest. BITs occupy an area in the legal system at the intersection of sensitive political and legal issues and, as such, the process of termination of BITs is not void of its complexities. This article discusses some of the issues of termination of BITs by first setting up a brief background on the termination of treaties. It then focuses on BITs and their termination effectuated pursuant to the provisions of the treaty, before turning to supposed premature termination of BITs. The discussion on damages resulting from improper termination is integrated into the debate on the benefits of renegotiation over termination. New econometric studies are more conclusive on the impact of BITs on economic growth in the host states. In this politically sensitive area, when combined with the complex political and legal considerations, the ideal of the survival of the relationship after a termination seems to be the preferred choice.
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Lapa, Viktoriia. "National Margin of Appreciation as a Standard of Review for Economic Sanctions: in Search of the Golden Fleece?" Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 53–75. http://dx.doi.org/10.1163/22116133-02701004.
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Recent economic sanctions imposed by the EU and US on Russia in relation to the Ukrainian conflict revived a discussion concerning the security exception clauses in international law. These clauses permit a particular state to take action aimed at protection of its national security that might be otherwise inconsistent with its substantive treaty obligations. Taking into account the ambiguity of such clauses, the question arises as to how to verify whether the adopted sanctions are indeed introduced with national security in mind and not to pursue pure protectionist aims. This article examines the national margin of appreciation from the perspective of its suitability as a standard of review for sanctions introduced under umbrella of the security exception provision of the General Agreement on Tariffs and Trade. Since this doctrine was developed in the case-law of the European Court of Human Rights both academics and practitioners alike are undecided as to its application in international trade and investment law disputes. In search of inspiration for an appropriate standard of review, the article briefly analyses recent Court of Justice of the European Union cases dealing with the security exception provisions. Drawing from the analysis of the relevant case-law of the international tribunals, the research points out that despite its frequent use by the European Court of Human Rights this doctrine remains vague, which, in turn, makes it hard to transplant to international economic law. The author concludes that the abstract contours of the national margin of appreciation doctrine, combined with diverging goals of the European Convention on Human Rights and world trade systems, make it unsuited for review of economic sanctions.
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Paramita, Kartika. "Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard." Hasanuddin Law Review 6, no. 1 (April 12, 2020): 25. http://dx.doi.org/10.20956/halrev.v6i1.1570.
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The umbrella clause of a Bilateral Investment Treaty (BIT) establishes an obligation for the State parties to respect all commitments entered into by an investment contract between an investor and the host country. It extends the jurisdiction of a BIT forum to the breach-of-contracts matters and changes the nature of a private issue to an international affair. The polemic over the clause's interpretation has become a controversial issue over the years. It comes as a backlash for the Contracting States as a foreign investor could quickly bring an investment problem to an international forum. After more than a decade since its first discussion in the case of SGS v Pakistan, the clause grows to be one of the reasons for many countries to leave or reform their BIT model and changes the trend of international investment protection standard. This article addresses the different episodes of the umbrella clause alongside over the past decade. It projects the debate over the clause’s scope, its development, the governments' action, and their perception over it, and finally, how it changes the standard of investment protection in international treaties.
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Dimopoulos, Angelos. "The Compatibility of Future EU Investment Agreements with EU Law." Legal Issues of Economic Integration 39, Issue 4 (November 1, 2012): 447–71. http://dx.doi.org/10.54648/leie2012026.
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Compatibility with EU law presents a key challenge for the success of EU investment policy. When EU institutions conclude EU IIAs, they should consider the limitations imposed by primary EU law and the impact of EU IIAs on the legality and validity of secondary Union law. As comprehensive EU IIAs will integrate investment liberalization and protection and will be (partly) based on BITs, significant adjustments to BIT language are required in order to ensure compatibility: the definition of investor has to respect Article 54 TFEU, exceptions reflecting the TFEU should be included to the provisions on capital transfers, Most Favoured Nation (MFN) and National Treatment, and the subject-matter and the available remedies under investor-state arbitration should be limited so as to respect the autonomy of the EU legal order. Equally important, EU IIAs provisions on Fair and Equitable Treatment (FET), umbrella clauses and expropriation have to establish linkages with internal Union rules, promoting legal certainty and avoiding future challenges of secondary Union rules.
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Tronci, Liana. "Impersonal Constructions Between Personae and ‘Personlessness’. Strategies of Language Manipulation in Aeschines and Demosthenes." Trends in Classics 14, no. 2 (November 11, 2022): 318–48. http://dx.doi.org/10.1515/tc-2022-0014.
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Abstract This paper investigates the distribution of different types of impersonal constructions in Attic oratory and focuses on the data taken from two political speeches, i. e., Aeschines’ Against Ctesiphon (speech 3) and Demosthenes’ On the Crown (speech 18). The topic of impersonal constructions in Ancient Greek has not yet received much attention from scholars, with the exception of some studies devoted to singular aspects, e. g., the semantics and morphosyntax of impersonal verbs and the comparison with other Indo-European languages. No attention has been paid to the analysis of textual distribution of impersonal constructions and to the effects that impersonal constructions produce in communicative terms. This paper aims at filling the gap, by analysing different types of clauses under the umbrella of impersonal constructions. Some of them are usually recognised as impersonal constructions, while others are not. Constructions are of three types: the first includes constructions with impersonal verbs, e. g., δεῖ, δοκεῖ, etc., which are to be compared with the corresponding personal constructions. The second group contains some non-personal uses of grammatical persons, namely the non-referential uses of the first person plural and the clauses with indefinite subject τις. Finally, the third type includes constructions with non-human subjects, which display no-agreement in number between the verb and its external argument. The purpose of the paper is twofold. On the one hand, it aims at contributing to the debate on ancient Greek impersonal constructions; on the other hand, it investigates the role played by impersonal linguistic strategies in building the contents of forensic speeches and conveying the messages that orators wanted to communicate to the audience.
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SCHEBESTA, Hanna, Tom VERDONK, Kai P. PURNHAGEN, and Bert KEIRSBILCK. "Unfair Trading Practices in the Food Supply Chain: Regulating Right?" European Journal of Risk Regulation 9, no. 4 (December 2018): 690–700. http://dx.doi.org/10.1017/err.2019.2.
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This report examines the pending Proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain, and its proposed amendments. It provides a general overview of the current content of the Proposal and analyses the proposed rules from a legal perspective. We find that: (1) the CAP legal basis may prove insufficient for regulation that covers the entire agri-food chain; and may (2) result in a strained relationship with the competition and consumer acquis; (3) the empirical basis for the prevalence of unfair trading practices, and the effect of their prohibition is relatively dire, which results in uncertainty with regard to the achievement of the future UTPD’s intended effect and effectiveness; (4) the choice for specific targeted prohibitions instead of general umbrella clauses may lead to ad hoc regulation that leaves large loopholes; (5) the institutional enforcement mechanism makes it likely that the Proposal contributes to the foundation for a new area of EU law, which will increasingly regulate practices in business-to-business relationships.
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Lassen, Inger. "Stylistic dilemmas in document design." Document Design 3, no. 1 (March 25, 2002): 32–53. http://dx.doi.org/10.1075/dd.3.1.06las.
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In technical discourse, the majority of texts are found to be accessible only to a specialist audience, and the feeling is prevalent with some technical genres that they would lose their generic integrity if part of their complexity was removed, since such a change would jeopardize the acceptability of the texts. Technical translators, on the other hand, often feel a strong need to simplify conventional technical writing style, which by convention has a high frequency of passives, nominalizations, nonfinite clauses and compound noun clusters, and omits some definite articles. Halliday (1994) and Halliday and Matthiessen (1999) have referred to some of these configurations (nominalizations, nominal groups, and nonfinite clauses) as grammatical metaphor (GM). Following Halliday’s argumentation, I have suggested an extension of the GM range to also include the passive and definite article omission (see, for example, Lassen, 1997, pp. 67–83), making possible a discussion of the characteristic stylistic features in technical discourse under the umbrella term GM. This article discusses the stylistic dilemmas involved in negotiating between the two conflicting aims of observing genre conventions and facilitating comprehen- sion. The empirical basis of the discussion is a survey in which the attitudes of different audiences to text accessibility and acceptability were investigated by means of a questionnaire distributed to a variety of professional groupings, including technical writers, translators, engi- neers, and technical language instructors, as well as a nonspecialist group of respondents with mixed occupations who were unfamiliar with technical writing style. The respondents were encouraged to state their attitudes to accessibility and acceptability on the basis of three text versions. One version was an original text, the second a text from which the grammatical metaphors had been removed, and the third was a version with short sentences.
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Kurniawan, Faizal, and Shintarini Kristine Setyobudi. "KLAUSULA TIPPING FEE DALAM KONTRAK KERJASAMA PEMERINTAH DENGAN SWASTA (PUBLIC-PRIVATE PARTNERSHIP) PENGELOLAAN PERSAMPAHAN." ADIL: Jurnal Hukum 4, no. 1 (June 30, 2015): 24–48. http://dx.doi.org/10.33476/ajl.v4i1.27.
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AbstractGovernment is obligated to provide sound public services, including waste management service. Up to now, private companies are still needed to assure innovative, efficient, and environmentally-oriented waste management service. The involvement of private sector in this Public-Private Partnership to provide such public service should be put in a legal contract, which is distinctive in nature and which is commonly known as a non-provisional government contract. The model of such contracts varies depending on the catered sector.This paper discusses the principles of non-provisional contracts which serve as a legal umbrella for Public-Private Partnership, focusing particularly on the main clauses related to „tipping fee‟ or „gate fee‟ in waste management partnership. These clauses set rules of fees paid by the government to investors for the service given.Keywords: government contract, Public-Private PartnershipAbstrakPemerintah mempunyai kewajiban untuk menyediakan pelayanan publik yang layak dan memadai dalam penyediaan infrastruktur termasuk pengelolaan sampah. Saat ini, peran swasta diperlukan dalam upaya terciptanya pelayanan publik yang inovatif, efisien dan berwawasan lingkungan seiring dengan kemajuan teknologi yang sangat pesat. Instrumen hukum yang diperlukan dalam mengakomodir model-model kerjasama pemerintah dengan swasta (Public-Private Partnership) dituangkan dalam suatu kontrak. Kontrak yang dibuat oleh pemerintah dan swasta mempunyai karakteristik yang unik (hybrid) yang lazim disebut dengan kontrak pemerintah (Government Contract) non pengadaan. Model kontrak kerjasama antara pemerintah dengan swasta juga mempunyai karakteristik khusus sesuai dengan bidang kerjasama.Tulisan ini akan membahas mengenai prinsip-prinsip kontrak non pengadaan sebagai konsep dasar kerjasama pemerintah dan swasta. Selanjutnya, pembahasan akan difokuskan pada klausula pokok dalam model kerjasama pemerintah dan swasta (Public-Private Partnerships) pengelolaan persampahan yang disebut dengan Tipping Fee/Gate Fee. Klausula ini merupakan biaya yang dikeluarkan oleh pemerintah kepada pihak investor sebagai imbalan jasa atas pengelolaansampah.Kata kunci: Kontrak Pemerintah, Public-Private Partnership, Tipping Fee.
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Hietz, Kristina. "(No) drama with grammar." Scenario: A Journal for Performative Teaching, Learning, Research XV, no. 1 (August 15, 2021): 128–35. http://dx.doi.org/10.33178/scenario.15.1.9.
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This Window-of-Practice contribution is based on my Master’s thesis written in the Department of Foreign Language Education in Innsbruck, Austria. It discusses a performative approach to teaching grammar in EfL contexts. “Performative” is used as an umbrella term to describe different forms of language teaching that derive from the performing arts (Schewe, 2013). The motivation behind this topic lies in my enthusiasm for drama and the conviction that a drama-based approach applied to language learning is efficient, motivating and sustainable. The contribution provides insights into the methodology and procedure of a case study that investigates effects of drama-based teaching. The case study was performed in 2017 at an upper secondary school in Austria, where English learners were taught English conditional clauses via a drama-based approach. The study, including a control group, a mixed-method, pre-and post-test design, yields quantitative and qualitative data on effects of drama-based teaching. Despite the lack of significant differences in test results between treatment and control groups, the study provides evidence that a performative approach applied to grammar teaching is successful and related to fun, increased motivation and positive group dynamics.
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Van den Putte, Lore. "EU Bilateral Trade Agreements and the Surprising Rise of Labour Provisions." International Journal of Comparative Labour Law and Industrial Relations 31, Issue 3 (September 1, 2015): 263–83. http://dx.doi.org/10.54648/ijcl2015015.
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Surprisingly, labour provisions in EU bilateral trade agreements have widened and deepened over the past decade. One would have expected the opposite, given the coming to power of centre-right governments in the early 2000s and a stronger liberalization agenda since 2006. This article addresses this rather remarkable development. First of all it dismisses the argument that protectionist motives underlie the stronger social clauses in EU trade agreements. Instead, drawing on the theory of the life-cycle of norms, it suggests that social trade has become an unobjectionable norm within the EU. The article then offers several explanations for why the social-trade nexus has been barely disputed, and indeed has further expanded through subsequent trade arrangements. These include the stronger influence of the European Parliament, path-dependencies stemming from the EU’s previous template, and the need to gain public support in the face of criticism of free trade agreements. Most importantly, it stresses that the framing of core labour rights as part of a broader ‘sustainable development’ agenda has contributed to their unobjectionable status. While this framing has helped to forge a consensus with regard to the social trade agenda, giving equal status to labour and environmental provisions under the sustainable development umbrella might also have adverse consequences for the concept of labour provisions.
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Jayswal, Viajay Prasad. "TRADITIONAL KNOWLEDGE AS A PROTECTED FORM OF INTELLECTUAL PROPERTY RIGHTS IN NEPAL: A LAW AND POLICY ASSESSMENT." Journal of Ayurveda Campus 2, no. 1 (November 6, 2021): 120–26. http://dx.doi.org/10.51648/jac.40.
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A serious discourse is built around the world for proper and better protection of traditional knowledge associated with intellectual property rights. Traditional knowledge was considered as a leftover subject in intellectual property governance since the IP has been a talk of the town. Nepal is rich in terms of traditional knowledge associated with indigenous communities largely used in the medical sectors or what we generally name with “ home-grown medicines”. There is a lack of proper protection and also incentives for these communities and researches have shown that there are also possibilities of conflict over ownership over such knowledge. The traditional knowledge will not only benefit particular stakeholders rather in an extended way, it creates values for the nation and ultimately a global asset in the intellectual property regime across the world. The IP Policy, Law, and Regulations need further incorporation of elements as the subject of traditional knowledge specifically used for medicinal purposes. This paper is based on a theoretical analysis of law, policies, rules, cases, and practices for the protection of traditional knowledge for medicinal in Nepal. This paper has further analyzed the position of existing umbrella clauses as seen in intellectual property laws for the said purpose.
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Montaldo, Stefano. "Integration examinations for regular migrants: the difficult search for a balance between national competencies and full effectiveness of EU law." UNIO – EU Law Journal 2 (June 1, 2016): 39–53. http://dx.doi.org/10.21814/unio.2.4.
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According to Article 79(4) TFEU, integration policies fall under the competence of the Member States, while the EU plays a complementary role. However, the EU has been exercising an increasing influence in this domain: on the one hand, the Commission launched a series of policy initiatives, under the common umbrella of a European Integration Agenda, aiming at coordinating national efforts and best practices; on the other hand, integration clauses were included in some secondary acts concerning regular migration. In this context, Directive 2003/109/EC on long-term residents and Directive 2003/86/EC on family reunification allow Member States to require third country nationals to comply with integration conditions or measures, which often take the shape of basic integration exams. In particular, the enjoyment of the rights conferred by these Directives is often made conditional upon the fulfillment of the integration requirements. The Court of Justice of the European Union (henceforth, CJEU) has recently confirmed these examinations to be compatible with EU law; however, the organization and the contents of these examinations must pass a strict proportionality test. In fact, they must not result in tools to select migrants, rather to favour the integration of third country nationals regularly settled in the hosting States.
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Sriono, S., Sri Dewi, Miftah Hulzannah, Maria Panggabean, and Riki Afri Rizki. "Legal Protection Against Bank Customers in Review of Banking Laws." International Journal of Educational Research & Social Sciences 1, no. 1 (April 7, 2021): 1–6. http://dx.doi.org/10.51601/ijersc.v1i1.7.
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Legal protection for customers is reviewed in terms of banking laws and regulations, such as Law Number 21 of 2008 concerning Islamic banking. Both Islamic banks and conventional banks with regulatory control must comply with general banking regulations. Act Number 7 of 1992 concerning Banking. The Banking Law which regulates amendments to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1999. there is an obligation for banks to become members of the Deposit Insurance Corporation (LPS) so as to provide protection for depositors customers against their deposits and the existence of customer rights conduct customer complaints, and use banking mediation forums for simple, cheap, and fast dispute resolution. Legal protection for customers in terms of the Consumer Protection Act lies in the obligation for banks to heed the procedure for making standard clauses.Settings via The Consumer Protection Law which is closely related to legal protection for customers as banking consumers is the provision regarding standard clauses. Meanwhile, from the laws and regulations in the banking sector, the provisions that provide legal protection for bank customers as consumers include the introduction of the Deposit Insurance Corporation (LPS) in Law Number 10 of 1998. At the technical level the legal umbrella protecting customers includes the existence of arrangements regarding the settlement of customer complaints and banking mediation in a Bank Indonesia Regulation (PBI).
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Die Bhakti Wardoyo Putro putro and Siti Rochmiyati Siti Rochmiyati. "Penerapan Pendidikan Karakter pada Genre Deskripsi dalam Buku Teks Bahasa Indonesia Kelas VII dalam Upaya Meningkatkan Kualitas Diri." SOSIOHUMANIORA: Jurnal Ilmiah Ilmu Sosial dan Humaniora 7, no. 2 (August 20, 2021): 109–16. http://dx.doi.org/10.30738/sosio.v7i2.10733.
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Indonesian language textbooks in junior high schools consist of various genres, one of which is genre description. It is hoped that the description genre will be able to instil character education in students. This study aims to determine the cultivation of character education in Indonesian textbooks, especially genre descriptions. This research is qualitative descriptive research. The data of this research are in the form of phrases, words, clauses, sentences, paragraphs, and discourses that contain the cultivation of character education in Indonesian junior high school textbooks. The data were obtained from Venda Margareta's research (umbrella research) and Indonesian junior high school textbooks. In this study, the research instrument is a researcher who has been equipped with a set of theories and data cards that contain a study of operational verbs in a textbook. The instrument was validated with content validation by experts carried out by language teaching experts. Data collection techniques in this study using documentation techniques and literature study. The validity of the data was carried out by peer checking techniques through discussion or Focus Group Discussion (FGD). Analysis of the data in this study through the process of reduction, data presentation, and leverage. The results of the seventh-grade research show that the application of character education is found in text descriptions and is able to increase the character values of students. The planting of character education found, namely the values of honesty, discipline, responsibility, caring, polite, and confidence.
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Silingardi, Stefano. "THE PROTECTION OF PRIVATE INVESTORS’ RIGHTS IN RECENT INTERNATIONAL INVESTMENT AGREEMENTS." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 251–74. http://dx.doi.org/10.1163/22116133-90000115a.
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A new set of international legal rules has been developed in the recent practice of investment law, intended to balance the promotion of foreign investments with the creation of safeguards for public policies. After a brief introduction, which addresses that trend in the light of the expansion of negotiations on mega-regional agreements as the “new” instrument of investment regulation, the second section of this article discusses the question of the convergence of the protection of private investors and the protection of States’ regulatory power in the experience of NAFTA countries and the most recent European investment policy, developed after the entry into force of the Lisbon Treaty. The third section is devoted to an analysis of the substantive provisions of the recently concluded mega-regional agreements concerning three specific elements traditionally linked to investor protection (i.e. the free and equitable treatment standard, “umbrella” clauses, and indirect expropriation) in order to examine how they contribute to setting a new paradigm, or at least a move towards a new paradigm for the protection of investors’ rights. Subsequently, investors’ obligations – still a major topic under discussion in the practice of investment law – will be examined; and finally the new dispute settlement mechanism which has been proposed by the European Union will be assessed, discussing how it could fit with a reform of the procedural aspects of investor protection to guarantee the State’s policy space.
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Puspita, Aina Cahya, and Tri Reni Novita. "Tinjauan Yuridis terhadap Asuransi Jiwa dalam Proses Pelaksanaan Penyelesaian Klaim Pembayaran Asuransi." Rechtsnormen Jurnal Komunikasi dan Informasi Hukum 1, no. 1 (July 27, 2022): 8–14. http://dx.doi.org/10.56211/rechtsnormen.v1i1.99.
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Insurance is like an umbrella that must be available before the rain arrives. No one expects disasters and misfortunes to happen to themselves and their possessions. However, disasters or events that cause losses are often unavoidable. Insurance is protection or protection for yourself and your family and property when something unexpected happens. This type of research is normative legal research with descriptive analytical research. In conducting data collection, it is done by means of library research. This literature research uses secondary legal materials and tertiary legal materials. To analyze the use of the data approach approach, namely by analyzing the data in depth and then conducting research. The results are expected to be able to answer the legal problems posed in this paper. The results of the research show that what prospective customers need to pay attention to before buying insurance products are choosing the type of protection needed, understanding checking procedures and claim requirements, being aware of the ability to pay premiums, choosing the right insurance product and company, understanding buying insurance products. to whom, for example through an agent, through bancassurance, or telemarketing. The factor that causes the insurance claim to be rejected by the insurance company is because the claim payment is not in accordance with the clauses in the insurance policy. The steps that can be taken by the customer if the insurance claim issued by the insurer is not in accordance with the agreement is to mediate or report the case to the court
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Carroll, Lee. "What Place Does an Umbrella Clause Have in the New Generation of Bilateral Investment Treaties?" Journal of International Arbitration 40, Issue 2 (March 1, 2023): 125–54. http://dx.doi.org/10.54648/joia2023007.
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In the new wave of international investment treaties, investor protections are under scrutiny as states seek to ‘restore’ their right to regulate. The umbrella clause is one investor protection under reconsideration. The perception, held by some, is that the umbrella clause permits an ‘unjustified intrusion’ into a state’s right to regulate within its territory. For that reason, the clause is increasingly being omitted from modern-day treaties. This article undertakes a detailed analysis of the umbrella clause and its divergent construction by investment treaty tribunals. It focuses on four particular complexities associated with the umbrella clause that have confronted tribunals to date. In conducting this analysis, the author seeks to demonstrate that, properly construed, the umbrella clause does not have far-reaching ramifications or interfere with a state’s right to regulate. It has an important place in the new wave of international investment treaties but should be carefully drafted. A suggested formulation, which has in mind the four complexities discussed, is offered up. Umbrella clause, obligations observance clause, observance of undertakings clause, international investment agreements, bilateral investment treaties, next generation of BITs, investor protections, state’s right to regulate, privity of obligation, investment treaty arbitration
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Gates Tapia, Anna M., and Douglas Biber. "Lexico-grammatical stance in Spanish news reportage." Revista Española de Lingüística Aplicada/Spanish Journal of Applied Linguistics 27, no. 1 (August 8, 2014): 208–37. http://dx.doi.org/10.1075/resla.27.1.09gat.
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The small South American country of Ecuador has recently come to international attention for perceived threats to journalistic freedom: first a major defamation lawsuit against El Universo (filed in March 2011) for unfounded criticisms of President Correa, and more recently passage of a highly controversial law of communications in June, 2013. Due to these developments, there is reason to believe that media reportage in Ecuador will currently be highly circumspect in the expression of opinions and evaluations, discourse functions that have been investigated under the umbrella of ‘stance’ in previous linguistic investigations. However, the situation of media language use in Ecuador is further interesting in that there are both government newspapers as well as privately owned newspapers competing on the open market. Presumably these different newspapers will not be affected in the same ways by the legal actions of the last few years. To investigate that possibility, the present study documents the lexico-grammatical expression of stance in a large corpus of Ecuadorian newspaper reportage, comparing and contrasting the expression of stance in two major newspapers: El Telégrafo, controlled by the government, and El Comercio, a privately owned outlet. The study focuses on two major types of lexico-grammatical features used to express stance: que-complement clauses and adverbials. Although the two newspapers are quite similar in the devices preferred for the expression of stance, the analysis also identifies systematic patterns of difference. Surprisingly, the results show that it is the government-controlled newspaper that consistently expresses stance to a greater extent than the privately-owned paper. These results are interpreted relative to the recent legal events in Ecuador, perhaps indicating increased scrutiny of media reportage in the private sector than in the public sector.
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Karabulut, Ebru Olcay, and Pinar Karacan Dogan. "Metaphorical Perceptions of Folk Dances Trainers Regarding the Concept of Folk Dances." International Journal of Higher Education 7, no. 2 (March 20, 2018): 84. http://dx.doi.org/10.5430/ijhe.v7n2p84.
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This research was carried out with the help of metaphor to determine the perception of folk dances trainers regarding the concept of folk dances. The study was carried out with a total of 141 folk dances trainers (85 men and 56 women), who depend on the Folk Dances Federation of Turkey.In the study, a semi-structured interview form was used to allow participants to freely express their opinions on the specific subject. In this context, each participant was asked to write a metaphor about the concept of folk dances and to explain it. To determine the metaphorical perceptions of the concept of ‘‘folk dances’‘ the trainers were asked to complete such clauses as “folk dances are like….” and “Because ...”.In this study, phenomenological design was used from qualitative research approaches. In the analysis of data, content analysis technique was used. Frequency and percent values were calculated. The opinions of an in-field expert and an out-of-field expert were consulted as a reliability procedure. As a result of the calculation, the reliability of the research was calculated as %98.5.According to the study findings, it is seen that the trainers expressed their opinions on 86 types of metaphors that are divided into 12 conceptual categories for the concept of “folk dances” and 141 views for this. The category in which maximum exists is metaphor of “Happiness, Excitement and Energy Aspect” and the most used the words were found to be “love” (f=8), “ambition” (f=5), “life” (f=5) and “adaptation” (f=5). In addition, it is observed that trainers form metaphors with many concrete tools and abstract concepts such as “labour, gain, stress ball, serotonin, culture, umbrella, pen” regarding the concept of folk dances.As a result, it was determined that the most used metaphor for folk dances is “love” and that the category the most produced by the trainers is “happiness, excitement and energy aspect” and that the trainers have a positive perception in the metaphors produced by the “folk dances” concept.
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조희문. "Interpretation of the Umbrella Clause in Investment Treaties." JOURNAL OF ARBITRATION STUDIES 19, no. 2 (August 2009): 95–126. http://dx.doi.org/10.16998/jas.2009.19.2.95.
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Hamamoto, S. "Parties to the 'Obligations' in the Obligations Observance ('Umbrella') Clause." ICSID Review 30, no. 2 (March 17, 2015): 449–64. http://dx.doi.org/10.1093/icsidreview/siv002.
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Weissenfels, Axel. "Independent BIT Standard or Mere Affirmative Commitment? The Umbrella Clause Interpreted." Austrian Review of International and European Law Online 10, no. 1 (2007): 95–124. http://dx.doi.org/10.1163/157365105x00034.
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Herliana, Herliana. "INCONSISTENCIES IN ICSID AWARDS ON DISPUTES RELATED TO MFN AND UMBRELLA CLAUSE." Diponegoro Law Review 6, no. 2 (October 31, 2021): 247–64. http://dx.doi.org/10.14710/dilrev.6.2.2021.247-264.
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Investment arbitration has been acclaimed as an important part of Foreign Direct Investment (FDI) movement around the globe because it provides a neutral and trustable forum for settling investment dispute. However, many argue that investment arbitration often becomes advocates of foreign investors and neglect the developing country’s interests as the host of investment. This paper aims at studying the investment arbitration awards rendered by International Center for Settlement of Investment Dispute (ICSID) tribunals launched against developing countries. The question is whether and to what extent those awards have equally observed the interests of foreign investors and host states of investments. To answer the questions, this paper employs case study method and use publicly available ICSID cases. This research shows that some ICSID tribunals have inconsistent reasoning which led to contradictory decisions. Apparently, as some cases indicate ICSID tribunals gave more weight to the need to protect foreign investors rather than host countries’ development interests. As a consequence, inconsistency and ambiguity have led to uncertainty and unpredictability of the forum. This is not only disadvantaged the parties due to inability to foresee the likely outcome of the disputes but also endanger the ICSID tribunals’ credibility as neutral and reliable forum.
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Liana Endah Susanti, Ratna Anggraini, Dwi Edi Wibowo Handriyanto Wijaya. "THE ANALYSIS OF STANDARD AGREEMENT IN CREDIT TRANSACTIONS THROUGH FINANCIAL TECHNOLOGY VIEWED FROM LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION." UNIFIKASI : Jurnal Ilmu Hukum 6, no. 1 (August 26, 2019): 61. http://dx.doi.org/10.25134/unifikasi.v6i1.1603.
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The rapid development of technology including its use in financial sector has made the process of financial inclusion and literacy easier, especially for a country where its community does not have a high financial understanding. Unfortunately, the practice of Financial Technology (Fintech) which should have put forward Law No. 8 of 1999 concerning Consumer Protection is considered unfavorable for the community. Hence, this study intends to investigate several issues regarding financial technology (fintech) which include the implementation of standard agreement in credit transactions through fintech, the barriers that often occur in credit transactions through fintech, and the settlement of consumer protection disputes related to credit transactions through fintech. This study applied a normative juridical method with a mixed approach, namely statute approach and conceptual approach. The results revealed that standard agreements made unilaterally by creditors often contain standard clauses leading to customers� losses. In one hand, a weak regulation causes fintech users to get less legal umbrella. On the other hand, the creditors are legally innocent because they get the customers� agreement in the standard agreement. Therefore, it can be concluded that there is a need to strengthen regulations relating to consumer service and protection against fintech transactions which include technology, operational security, human resources, and risk management.�Tujuan dari penelitian ini yaitu menjawab beberapa persoalan mengenai bagaimanakah pelaksanaan perjanjian baku dalam transaksi kredit melaui fintech, hambatan apa yang kerap terjadi dalam transaksi kredit melalu fintech dan bagaimanakah penyelesaian sengketa perlindungan konsumen terkait transaksi kredit melalui fintech. Metode penelitian yang digunakan adalah� yuridis normatif dan pendekatan campuran antara� statute approach dan conceptual approach dianggap selaras dengan tujuan dari kajian ini yaitu menjawab beberapa persoalan mengenai bagaimanakah pelaksanaan perjanjian baku dalam transaksi kredit melaui fintech, hambatan apa yang kerap terjadi dalam transaksi kredit melalu fintech dan bagaimanakah penyelesaian sengketa perlindungan konsumen terkait transaksi kredit melalui fintech. Hasil dari penelitian ini Teknologi �semakin berkembang dari tahun ke tahun, termasuk� pemanfaatanya di bidang finansial. Hal ini membuat proses inklusi dan literasi finansial menjadi lebih mudah, terutama untuk suatu negara yang belum tinggi pemahaman masyarakatnya terhadap finansial. Sayangnya Financial Technology (fintech) yang semestinya mengedepankan Undang-Undang No.8 Tahun 1999 tentang Perlindungan Konsumen belakangan ini justru dianggap sebaliknya. Perjanjian baku yang dibuat secara sepihak oleh kreditur kerap mengandung klausula-klausula baku yang mengarah pada kerugian yang menanti nasabah, terlebih dengan iming-iming instan yang disajikan penyedia jasa kredit melalui fintech dengan� mengedepankan slogan cepat dan mudah. Regulasi yang belum matang menyebabkan pengguna fintech kurang mendapat payung hukum, disisi lain pihak kreditur secara hukum tidak bersalah karena mendapat persetujuan nasabah dari perjanjian baku. Simpulan penelitian perlu adanya penguatan regulasi yang berkaitan dengan pelayanan dan perlindungan konsumen terhadap transaksi fintech mencakup pada teknologi, keamanan operasional, sumber daya manusia, serta pengelolaan dan� manajemen resiko.
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Sinclair, A. C. "The Origins of the Umbrella Clause in the International Law of Investment Protection." Arbitration International 20, no. 4 (December 1, 2004): 411–34. http://dx.doi.org/10.1093/arbitration/20.4.411.
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Yannaca-Small, K. "BIVAC BV v Paraguay versus SGS v Paraguay: The Umbrella Clause Still in Search of One Identity." ICSID Review 28, no. 2 (September 11, 2013): 307–13. http://dx.doi.org/10.1093/icsidreview/sit026.
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Kurochkina, P. D., and V. L. Tolstykh. "Comparative Analysis of Bilateral Investment Treaties of the Russian Federation." Juridical science and practice 17, no. 3 (November 27, 2021): 39–46. http://dx.doi.org/10.25205/2542-0410-2021-17-3-39-46.
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The paper analyzes bilateral investment treaties, one of the parties to which is Russia. The article compares the provisions contained in the 1992 and 2001 model agreements of Russia, as well as the provisions of the 2016 Regulations. The concepts of “foreign investor” and “investment” are considered, discrepancies in the concepts and wording used in treaties with different states are revealed. In a comparative aspect, the authors explore the operation of treaties over time, the use of the standard of fair and equal treatment, and the application of provisions on expropriation. The features of the formulation of the national treatment standard and the most favored nation treatment standard, as well as the umbrella clause are revealed.
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Won-Suk Oh and Yongil Kim. "A Study on the Measures against Risks in International Investment Agreement - Focusing on the Umbrella Clause and MIGA -." JOURNAL OF ARBITRATION STUDIES 18, no. 2 (August 2008): 149–71. http://dx.doi.org/10.16998/jas.2008.18.2.149.
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Lee, J. "Putting a Square Peg into a Round Hole? Assessment of the "Umbrella Clause" from the Perspective of Public International Law." Chinese Journal of International Law 14, no. 2 (June 1, 2015): 341–73. http://dx.doi.org/10.1093/chinesejil/jmv024.
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Miljenić, Orsat. "Energy Charter Treaty – Standards of Investment Protection." Croatian International Relations Review 24, no. 83 (October 1, 2018): 52–83. http://dx.doi.org/10.2478/cirr-2018-0014.
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Abstract The Energy Charter Treaty (ECT) in its Part III which regulates standards of protection guaranteed to foreign investors by the ECT States members, together with the Article 24 of the ECT, constitutes a kind of autonomous investment treatment within the ECT. The ECT provides for a very broad spectrum of standards of protection: fair and equitable treatment; most constant protection and security; prohibition of unreasonable or discriminatory measures; „umbrella clause”; national treatment; most favoured-nation standard and effective means to assert the claims. It can be said that at the time of its drafting the ECT enclosed all standards of protection as recognized in BITs and NAFTA. There have been more than 100 publicly known investment arbitration cases where the ECT was invoked, more than 30 of which concluded by arbitral awards. This comprehensive arbitral practice strongly influences the practice applying other IIAs and vice versa.