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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For many decades social sciences have been captivated by the statistical method. In itself there is nothing wrong with this method, but a serious side effect of a large fixation on surveys, likert-scales and normal distributions is that the argument is still seen mainly as opinion and therefore hardly or not scientific. However, the science from which the statistical (quantitative) method is derived - mathematics - is based entirely on the argument. This colomn is about what 's going on!
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Research of non-contact anterior cruciate ligament (ACL) injury risk aims to identify modifiable risk factors that are linked to the mechanisms of injury. Information from these studies is then used in the development of injury prevention programmes. However, ACL injury risk research often leans towards methods with three limitations: 1) a poor preservation of the athlete-environment relationship that limits the generalisability of results, 2) the use of a strictly biomechanical approach to injury causation that is incomplete for the description of injury mechanisms, 3) and a reductionist analysis that neglects profound information regarding human movement. This current opinion proposes three principles from an ecological dynamics perspective that address these limitations. First, it is argued that, to improve the generalisability of findings, research requires a well-preserved athlete-environment relationship. Second, the merit of including behaviour and the playing situation in the model of injury causation is presented. Third, this paper advocates that research benefits from conducting non-reductionist analysis (i.e., more holistic) that provides profound information regarding human movement. Together, these principles facilitate an ecological dynamics approach to injury risk research that helps to expand our understanding of injury mechanisms and thus contributes to the development of preventative measures.
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This booklet Critical issues in sustainability Part II represents a continuation of the work we have embarked on some years ago. It contains a selection of opinion pieces that we have written over the past year and which were published in national and regional newspapers. These opinion pieces allow us to share our thinking and ideas with the broader public and support the exchange of them through discussion and debate, while they support debates through media that we think are critical to realizing the goals of exposing, debunking, and eliciting
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Background: Although medical courses are frequently evaluated via surveys with Likert scales ranging from “strongly agree” to “strongly disagree,” low response rates limit their utility. In undergraduate medical education, a new method with students predicting what their peers would say, required fewer respondents to obtain similar results. However, this prediction-based method lacks validation for continuing medical education (CME), which typically targets a more heterogeneous group than medical students. Methods: In this study, 597 participants of a large CME course were randomly assigned to either express personal opinions on a five-point Likert scale (opinion-based method; n = 300) or to predict the percentage of their peers choosing each Likert scale option (prediction-based method; n = 297). For each question, we calculated the minimum numbers of respondents needed for stable average results using an iterative algorithm. We compared mean scores and the distribution of scores between both methods. Results: The overall response rate was 47%. The prediction-based method required fewer respondents than the opinion-based method for similar average responses. Mean response scores were similar in both groups for most questions, but prediction-based outcomes resulted in fewer extreme responses (strongly agree/disagree). Conclusions: We validated the prediction-based method in evaluating CME. We also provide practical considerations for applying this method.
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Dogs are considered humans’ best friend, but this relationship is not all puppies and sunshine. Zoonoses, biting incidents, hereditary problems, and other welfare issues can threaten the relationship, especially when humans are not aware of them. Public opinion on dogs in the densely populated Netherlands was therefore examined. Dutch newspapers and Facebook were analyzed with frame analysis. A positive view of dogs seems predominant, followed by one that sees dogs as normal, while problems with dogs are less common. That dogs are considered close to humans is exemplified by the found norms that the needs of dogs must be met, that severe penalties must be applied when humans do not respect the welfare of dogs, and that dog keepers and conditions are responsible for problems with dogs. The image of the dog as ordinary may hinder public awareness, despite the norms that emphasize the importance of dog welfare.
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The importance of teaching engineering students innovation development is commonly clearly understood. It is essential to achieve products which are attractive and profitable in the market. To achieve this, an institute of engineering education has to provide students with needed knowledge, skills and attitudes including both technical and business orientation. This is important especially for SME’s. Traditionally, education of engineering provides students with basic understanding how to solve common technical problems. However companies need wider view to achieve new products. Universities of applied Sciences in Oulu and Eindhoven want to research what is the today’s educational situation for this aim, to find criteria to improve the content of the educational system, and to improve the educational system. Important stakeholders are teachers and students within the institute but also key-persons in companies. The research is realized by questionnaires and interviews from which a current situation can be found. The research will also include the opinion of management who give possibilities to change the curriculum. By this research more insight will be presented about how to re-design a current curriculum. The research will act as basis for this discussion in SEFI-conference about formulating a curriculum that includes elements for wide-ranging knowledge and skills to achieve innovations especially in SME’s.
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The importance of teaching engineering students innovation development is commonly clearly understood. It is essential to achieve products which are attractive and profitable in the market. To achieve this, an institute of engineering education has to provide students with needed knowledge, skills and attitudes including both technical and business orientation. This is important especially for SME’s. Traditionally, education of engineering provides students with basic understanding how to solve common technical problems. However companies need wider view to achieve new products. Universities of applied Sciences in Oulu and Eindhoven want to research what is the today’s educational situation for this aim, to find criteria to improve the content of the educational system, and to improve the educational system. Important stakeholders are teachers and students within the institute but also key-persons in companies. The research is realized by questionnaires and interviews from which a current situation can be found. The research will also include the opinion of management who give possibilities to change the curriculum. By this research more insight will be presented about how to re-design a current curriculum. The research will act as basis for this discussion in SEFI-conference about formulating a curriculum that includes elements for wide-ranging knowledge and skills to achieve innovations especially in SME’s.
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Recensie van Jan Bloemendal, Arjan van Dixhoorn & Elsa Strietman (ed.), Literary Cultures and Public Opinion in the Low Countries 1450-1650.
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