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Reforming Investor-state Dispute Settlement: The EU Multilateral Investment Court Perspective
Amina Akperlinova,
Kasper Jastrzebski
Issue:
Volume 11, Issue 1, March 2022
Pages:
1-9
Received:
5 December 2021
Accepted:
21 December 2021
Published:
28 January 2022
Abstract: Rapid changes to the global socio-political dynamics have led the emergence of new challenges to the investor-state dispute settlement (ISDS) mechanism. The imperfections of the existing ISDS system have shown a clear need for reforming this institution. Moreover, this is evidenced by the desire of a number of countries to create a multilateral investment court as proposed by the European Union. Will the new EU Multilateral Investment Court System be better than the current ISDS mechanisms? The Multilateral Investment Court System is the latest proposed measure in the context of multilateralism and the institutionalization of a decentralized international investment law regime. The success of the proposal will declare a new era for international investment law around the world. Still, the proposed reform of ISDS has both benefits and disadvantages. The main goal of this paper is to examine investor-state dispute settlement (ISDS) reform in the context of the EU Multilateral Investment Court by pointing out the shortcomings and rooms for improvement. In addition, this paper indicates that the MIC project has the greatest chance of support by majority of countries, as compared to other possible options for the proposed ISDS reform but at the same time, it has difficulties in achieving the goals of ISDS and fully realizing potential. The results of this research should help to proceed with smooth transition of the MIC to ISDS system and review issues for further discussion.
Abstract: Rapid changes to the global socio-political dynamics have led the emergence of new challenges to the investor-state dispute settlement (ISDS) mechanism. The imperfections of the existing ISDS system have shown a clear need for reforming this institution. Moreover, this is evidenced by the desire of a number of countries to create a multilateral inv...
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Village Elite and Cement Company: Power Relation of Village Heads Association of Bayah and Cement Company in Lebak, Banten
Issue:
Volume 11, Issue 1, March 2022
Pages:
10-15
Received:
13 January 2022
Accepted:
28 January 2022
Published:
16 February 2022
Abstract: This research departs from industrial development in rural areas, one of which is the construction of a cement company in Bayah which has an impact on the environment and social welfare of rural communities. This study uses a qualitative descriptive method, research data obtained through interviews and documentation studies, with the aim of describing how power relations take place in the countryside between village heads and cement companies. To describe the power relation, this study uses Gaventa's Power Cube theory, which looks at power from three dimensions of the power cube. These dimensions are the form of power, the space of power, and the level of power. The three dimensions above are seen separately, but each other has a relationship that is like a Rubik's cube, which if one dimension is changed, it will have an impact on the other. From this study, there are several findings of power relations based on three dimensions of the power cube. First, the power relation of the village head association with the cement company is related to one another when illustrated in a Rubik's cube form. Second, the power relation in the dimension of form, namely the relation between the visible and hidden forms of power of the village head. Third, power relations based on the village head's space use open and closed spaces. Fourth, power relations based on level, the village head raises the level of power to the sub-district level and the power level in the village takes place between the village head and the cement company, not the association as an institution.
Abstract: This research departs from industrial development in rural areas, one of which is the construction of a cement company in Bayah which has an impact on the environment and social welfare of rural communities. This study uses a qualitative descriptive method, research data obtained through interviews and documentation studies, with the aim of describ...
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Microcredit and Women’s Empowerment: A Case Study in Rural Morocco
Fatima Zahra Achour,
Zineb Hda
Issue:
Volume 11, Issue 1, March 2022
Pages:
16-24
Received:
25 February 2022
Accepted:
23 March 2022
Published:
29 March 2022
Abstract: Women's empowerment is one of the biggest barriers to progress in Morocco, since women continue to constitute the majority of disadvantaged and marginalized groups, particularly in rural areas. Our contribution is to evaluate the impact of participation in a microfinance institution (MFI) on women’s empowerment in the rural commune of Aoufous, located in the Errachidia province (Morocco). It is divided into two sections. First, it compares the empowerment of women who participate in a MFI to women who do not participate in any MFI. Second, it examines whether loan amount, length of membership, income-generating activities and household income, influence the overall empowerment index among MFI participants. To do this, an overall empowerment index is constructed employing five dimensions of empowerment: economic decision-making, household decision-making, freedom of movement, political and social awareness and ownership of assets. Then a regression analysis is carried out using primary data collected from a sample of 76 women (33 members and 46 non-members) from the research region. Our findings indicate that participation in the microcredit program has a significant and positive role in determining the overall empowerment index. Furthermore, the loan amounts as well as engagement in income-generating activities are significant determinants of women empowerment. According to the findings of our study, MFIs play an essential role in women’s empowerment.
Abstract: Women's empowerment is one of the biggest barriers to progress in Morocco, since women continue to constitute the majority of disadvantaged and marginalized groups, particularly in rural areas. Our contribution is to evaluate the impact of participation in a microfinance institution (MFI) on women’s empowerment in the rural commune of Aoufous, loca...
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Research on Cross-Shareholding Behavior of Chinese Listed Companies
Ruiqi Sun,
Yuan Ding,
Chen Wen,
Ke Gao
Issue:
Volume 11, Issue 1, March 2022
Pages:
25-32
Received:
18 April 2022
Published:
20 April 2022
Abstract: It is an increasingly view that there is a large number of cross-shareholding behaviors in listed companies in China. Cross-shareholding exists in a large number of listed companies, and the cross-shareholding behavior of various industries is different. This paper studies this problem. China's A-share listed companies can be divided into six categories: finance, real estate, comprehensive, industry, public utilities and commerce. This paper first describes the changes and characteristics of cross-shareholding in these different industries by using the network analysis method, and then studies the main factors of enterprises participating in cross-shareholding in these six industries by using the data from 2007 to 2016 according to the financial indicators that can represent the characteristics of listed companies, such as asset scale, debt degree, operation ability and development ability. By studying the characteristics of enterprises participating in and exiting cross-shareholding, the study found that after the global financial crisis in 2008, the number of enterprises participating in cross-shareholding in various industries increased to a certain extent, but in 2014, after the financial crisis was relatively alleviated, the number of enterprises participating in cross-shareholding decreased significantly. On the whole, enterprises with large assets and stable long-term operation and development are easier to participate in and realize cross-shareholding when short-term liabilities and operation difficulties occur. However, this cross-shareholding behavior is relatively unstable. Enterprises will participate in cross-shareholding only when they encounter some operating difficulties. The role of cross-shareholding in integrating enterprise resources and promoting the long-term development of enterprises has not been effectively played in China.
Abstract: It is an increasingly view that there is a large number of cross-shareholding behaviors in listed companies in China. Cross-shareholding exists in a large number of listed companies, and the cross-shareholding behavior of various industries is different. This paper studies this problem. China's A-share listed companies can be divided into six categ...
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