Alternative dispute resolution (ADR) is constantly gaining ground, both at domestic and international level. New forms of dispute settlement with a mix of public and private components are emerging in fields where this was not the case until recent times, as some contributions to this Zoom-out have attempted to demonstrate. In the field of investment law we have witnessed a somehow opposite trend. Traditionally, disputes in this field have been settled by means of arbitral tribunals established mostly on the basis of bilateral or multilateral investment agreements (IAs) under a variety of arbitration facilities, which are collectively referred to as investor-to-State dispute settlement (ISDS). Traditional ISDS presents many characteristics of ADR, starting from the strong role that private parties play in it (for example when it comes to the appointment of arbitrators). The practice has shown that the system has clear advantages but also undeniable disadvantages. The prevailing opinion in recent years has been that the latter considerably outweigh the former, resulting in what has been termed the backlash against investment arbitration in a volume appeared a few years ago. In this contribution, how-ever, I will not dwell on the details of the crisis that has affected investment arbitration, nor will I engage in a discussion of whether that backlash is entirely justified. My focus will be much more modest. One of the most tangible consequences of this growing dissatisfaction towards investment arbitration is the launch on the part of the EU of a court-like system to settle investment disputes –the now famous investment court system (ICS) –as a replacement to old-fashioned ISDS. The ICS now features in all EU IAs, and has become the standard position of the EU when it comes to dispute settlement in this field. Recently, the ICS has also received the green light of the European Court of Justice (ECJ),raising doubts as to whether traditional ISDS has conclusively been sent to oblivion, at least in the EU. From a political and policy perspective, it is undoubtful that there is a strong stance on the part of the EU and of its Member States against traditional ISDS. This article, however, will focus exclusively on the legal dimension, by examining whether the ECJ’s decision should be read as meaning that investment arbitration is incompatible with the EU legal system. While itis clear that Opinion 1/17 means that the ICS is compatible with EU law, it remains to be seen whether the Court’s finding allows an a contrario reading. Namely, whether it entails the incompatibility with EU law of traditional ISDS. The analysis will start with a brief summary of the events and developments that preceded the creation of the ICS and eventually led to the current situation (Section 2), followed by an examination of the relevant parts of Opinion 1/17 (Section 3). This part will be followed by an appraisal of the possible legal implications of the decision (Section 4). Some conclusions will be offered in the closing section (Section 5) in the attempt to look beyond the boundaries of EU law. Part of topic "The blurring distinction between public and private in international dispute resolution"
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In this handbook we would like to inform (future) social and public professionals about the results of our extensive comparative research on welfare state reforms in Finland, Germany, Greece, Hungary, Italy, Poland, Spain, Sweden, The Netherlands and UK. The research reveals how reforms take place in local practice and gives insights on the implications of social policies on people’s lives. Social policies are defined as social investment in human lives. We evaluated the implementation of social investment policies in practice and studied 20 innovative cases, 2 in each of the above-mentioned countries. Starting from these professional practices, we would like to give (future) professionals more insights in the realities of system change and the new perspectives that come out of it.
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Social return on investment & positie MKB. Welke condities vergroten voor het MKB de kans op gunning van (semi-)overheidsopdrachten met een social return doelstelling?
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Although dozens of empirical studies have been published on effectuation as a whole, much work remains to be done on elaborating each principle in more depth. Based on an exploratory study of seven ventures from the Caribbean island of Curacao, this paper develops an elaborated process model of the affordable loss heuristic in effectuation. The model breaks affordable loss into two components—ability and willingness, and connects these to the concept of loss aversion from prospect theory. Furthermore, these components are encapsulated in a process involving identity, affect, and resourcefulness leading to the entry-stage entrepreneurial investment decision.
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A rise in global population and welfare is depleting the earth’s resources and challenging the current predominantly linear economy, following a take-make-waste pattern, calling upon a shift towards a more circular economy (Bastein and Willems, 2019; Ellen MacArthur Foundation, 2013; Lüdeke-Freund et al., 2019). The Dutch government and the European Union have set the goal/ambition to become fully circular by 2050 thus striving towards a cleaner economy and reducing the dependency on scarce resources (European Commission, 2020; Government of Netherlands, 2016).
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Purpose: Business case (BC) analyses are performed in many different business fields, to create a report on the feasibility and competitive advantage of an intervention within an existing organisation to secure commitment from management to invest. However, most BC research papers on decisions regarding internal funding are either based on anecdotal insights, on analyses of standards from practice, or focused on very specific BC calculations for a certain project, investment or field. A clear BC process method is missing. Design/methodology/approach: This paper aims to describe the results of a systematic literature review of 52 BC papers that report on further conceptualisation of what a BC process should behold. Findings: Synthesis of the findings has led to a BC definition and composition of a 20 step BC process method. In addition, 29 relevant theories are identified to tackle the main challenges of BC analyses in future studies to make them more effective. This supports further theoretical development of academic BC research and provides a tool for BC processes in practice. Originality/value: Although there is substantial scientific research on BCs, there was not much theoretical development nor a general stepwise method to perform the most optimal BC analysis.
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The shift towards a more sustainable circular economy will require innovations. While SMEs can contribute to this development, financing innovations within SMEs is difficult. Various authors have not ed moreover that the concept of the circular economy has further increased the complexity of investment decisions concerning sustainable innovations, due to the multiple value creation and new business models involved . On the other hand
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1e alinea column: Fake verkoopt niet. Wat kun je doen als je als brand/organisatie echt een langdurige verbintenis aan wilt gaan met je klanten? Vraag je dan vooral af waarom je die verbintenis wilt en ‘what is in it for me and them’. Als het om customer engagement gaat dan is de motivatie en de intentie van jou of van je onderneming en de manier waarop je daar over communiceert met je klant steeds belangrijker. Mari Smith’s The Relationship Age en Simon Sinek in en zijn TEDtalk maar ook bijvoorbeeld Hans Kooistra hier te lande zeggen hier hele verstandige dingen over. Customer engagement is als onderwerp een maatje te groot is voor de marketeer alleen. Het is een onderwerp voor de gehele organisatie en in ieder geval een onderwerp voor pr, marketing, sales, investment relations en customer service en ICT gezamenlijk. Een bedrijf dat hier de bekende silo’s richting klantrelatie niet opheft is kansloos in the digital age.
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