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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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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The focus of this project is on improving the resilience of hospitality Small and Medium Enterprises (SMEs) by enabling them to take advantage of digitalization tools and data analytics in particular. Hospitality SMEs play an important role in their local community but are vulnerable to shifts in demand. Due to a lack of resources (time, finance, and sometimes knowledge), they do not have sufficient access to data analytics tools that are typically available to larger organizations. The purpose of this project is therefore to develop a prototype infrastructure or ecosystem showcasing how Dutch hospitality SMEs can develop their data analytic capability in such a way that they increase their resilience to shifts in demand. The one year exploration period will be used to assess the feasibility of such an infrastructure and will address technological aspects (e.g. kind of technological platform), process aspects (e.g. prerequisites for collaboration such as confidentiality and safety of data), knowledge aspects (e.g. what knowledge of data analytics do SMEs need and through what medium), and organizational aspects (what kind of cooperation form is necessary and how should it be financed).Societal issueIn the Netherlands, hospitality SMEs such as hotels play an important role in local communities, providing employment opportunities, supporting financially or otherwise local social activities and sports teams (Panteia, 2023). Nevertheless, due to their high fixed cost / low variable business model, hospitality SMEs are vulnerable to shifts in consumer demand (Kokkinou, Mitas, et al., 2023; Koninklijke Horeca Nederland, 2023). This risk could be partially mitigated by using data analytics, to gain visibility over demand, and make data-driven decisions regarding allocation of marketing resources, pricing, procurement, etc…. However, this requires investments in technology, processes, and training that are oftentimes (financially) inaccessible to these small SMEs.Benefit for societyThe proposed study touches upon several key enabling technologies First, key enabling technology participation and co-creation lies at the center of this proposal. The premise is that regional hospitality SMEs can achieve more by combining their knowledge and resources. The proposed project therefore aims to give diverse stakeholders the means and opportunity to collaborate, learn from each other, and work together on a prototype collaboration. The proposed study thereby also contributes to developing knowledge with and for entrepreneurs and to digitalization of the tourism and hospitality sector.Collaborative partnersHZ University of Applied Sciences, Hotel Hulst, Hotel/Restaurant de Belgische Loodsensociëteit, Hotel Zilt, DM Hotels, Hotel Charley's, Juyo Analytics, Impuls Zeeland.
The energy transition is a highly complex technical and societal challenge, coping with e.g. existing ownership situations, intrusive retrofit measures, slow decision-making processes and uneven value distribution. Large scale retrofitting activities insulating multiple buildings at once is urgently needed to reach the climate targets but the decision-making of retrofitting in buildings with shared ownership is challenging. Each owner is accountable for his own energy bill (and footprint), giving a limited action scope. This has led to a fragmented response to the energy retrofitting challenge with negligible levels of building energy efficiency improvements conducted by multiple actors. Aggregating the energy design process on a building level would allow more systemic decisions to happen and offer the access to alternative types of funding for owners. “Collect Your Retrofits” intends to design a generic and collective retrofit approach in the challenging context of monumental areas. As there are no standardised approaches to conduct historical building energy retrofits, solutions are tailor-made, making the process expensive and unattractive for owners. The project will develop this approach under real conditions of two communities: a self-organised “woongroep” and a “VvE” in the historic centre of Amsterdam. Retrofit designs will be identified based on energy performance, carbon emissions, comfort and costs so that a prioritisation strategy can be drawn. Instead of each owner investing into their own energy retrofitting, the neighbourhood will invest into the most impactful measures and ensure that the generated economic value is retained locally in order to make further sustainable investments and thus accelerating the transition of the area to a CO2-neutral environment.
This project covers multiple avenues of work on regional, national, and international policy discourse around the entertainment and creative (e.g. artistic) video game sector. Historically, policy makers have been wary of supporting the video game industry, but the diverse and modern video games industry deserves support and investment to build its presence in education, society, and business. Directing this support for the greatest impact requires informed decisions.This work continues the successful research of the Gaming Horizons project and its publications and activities.