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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World globalisation drives companies to undertake international expansion with the aim of retaining or growing their businesses. When companies globalize, managers encounter new challenges in making international marketing strategy (IMS) decisions, which are influenced by perceived cultural and business distance between their home- and foreign country. Telkom Indonesia International (Telin) was formed by Telkom Indonesia (i.e. the state-owned company in the telecommunication industry in Indonesia) to engage in international business within a global market. The central question in this study is to what extent do managers’ perceived cultural and business distance between home- and foreign country influence their IMS decisions? A mixed research strategy will be employed by applying qualitative and quantitative methods concurrently. The data collection will involve interviews with CEOs and managers, alongside a web survey to 55 managers of Telkom's. Results suggest important consequences for IMS decisions and emphasizes the need for dialogue on perceptions of cultural and business characteristics of countries.
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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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In Eastern Africa, increasing climate variability and changing socioeconomic conditions are exacerbating the frequency and intensity of drought disasters. Droughts pose a severe threat to food security in this region, which is characterized by a large dependency on smallholder rain-fed agriculture and a low level of technological development in the food production systems. Future drought risk will be determined by the adaptation choices made by farmers, yet few drought risk models … incorporate adaptive behavior in the estimation of drought risk. Here, we present an innovative dynamic drought risk adaptation model, ADOPT, to evaluate the factors that influence adaptation decisions and the subsequent adoption of measures, and how this affects drought risk for agricultural production. ADOPT combines socio-hydrological and agent-based modeling approaches by coupling the FAO crop model AquacropOS with a behavioral model capable of simulating different adaptive behavioral theories. In this paper, we compare the protection motivation theory, which describes bounded rationality, with a business-as-usual and an economic rational adaptive behavior. The inclusion of these scenarios serves to evaluate and compare the effect of different assumptions about adaptive behavior on the evolution of drought risk over time. Applied to a semi-arid case in Kenya, ADOPT is parameterized using field data collected from 250 households in the Kitui region and discussions with local decision-makers. The results show that estimations of drought risk and the need for emergency food aid can be improved using an agent-based approach: we show that ignoring individual household characteristics leads to an underestimation of food-aid needs. Moreover, we show that the bounded rational scenario is better able to reflect historic food security, poverty levels, and crop yields. Thus, we demonstrate that the reality of complex human adaptation decisions can best be described assuming bounded rational adaptive behavior; furthermore, an agent-based approach and the choice of adaptation theory matter when quantifying risk and estimating emergency aid needs.
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The design of a spatial distribution structure is of strategic importance for companies, to meet required customer service levels and to keep logistics costs as low as possible. Spatial distribution structure decisions concern distribution channel layout – i.e. the spatial layout of the transport and storage system – as well as distribution centre location(s). This paper examines the importance of seven main factors and 33 sub-factors that determine these decisions. The Best-Worst Method (BWM) was used to identify the factor weights, with pairwise comparison data being collected through a survey. The results indicate that the main factor is logistics costs. Logistics experts and decision makers respectively identify customer demand and service level as second most important factor. Important sub-factors are demand volatility, delivery time and perishability. This is the first study that quantifies the weights of the factors behind spatial distribution structure decisions. The factors and weights facilitate managerial decision-making with regard to spatial distribution structures for companies that ship a broad range of products with different characteristics. Public policy-makers can use the results to support the development of land use plans that provide facilities and services for a mix of industries.
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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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Our paper investigates the microfoundations of sustainable entrepreneurship and aims to shed light on trade-offs made in decisions about social, ecological and economic sustainability. Balancing the three dimensions of sustainability (social, ecological and economic) inherently requires choices in which one dimension or another has less optimal outcomes. There is not much known about the rationale that sustainable entrepreneurs use for making such trade-offs. Thus, we ask how does entrepreneurial orientation affect decisions and trade-offs on sustainability impact? Our study is an exploratory, qualitative study of 24 sustainable entrepreneurs. We collected data about entrepreneurial orientation and sustainability trade-offs and held in-depth interviews with a subsample of six firms. We conducted a cluster analysis based on four entrepreneurial orientations (innovativeness, proactiveness, riskiness and futurity) and three sustainability trade-off dimensions (environmental, social and economic). From the findings, we derive a typology of three types of sustainable entrepreneurs: green-conflicted, humanitarian-oriented and holistically-oriented. We uncover salient characteristics and aspects of entrepreneurial orientation in relation to trade-off decisions. We find that the entrepreneurs accept slower economic growth or lower performance in order to maintain the integrity of their social and ecological principles and values.
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The use of games as interventions in the domain of health care is of-ten paired with evaluating the effects in randomized clinical trials. The iterative design and development process of games usually also involves an evaluation phase, aimed at identifying improvements for subsequent iterations. Since game design theory and theories from associated fields provide no unified framework for designing successful interventions, interpreting evaluation results and for-mulating improvements is complicated. This case study explores an approach of monitoring design decisions and corresponding theories throughout the design and development cycle, allowing evaluation results to be attributed to design decisions. Such an approach may allow the game design and development pro-cess to iterate the game more efficiently towards use in practice.3rd European Conference on Gaming and Playful Interaction in Health Care.
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