68 resultados para International Environmental Law
em Université de Lausanne, Switzerland
Resumo:
Is "treaty shopping" in international investment law "legitimate nationality planning" or "treaty abuse"? This is the question investment arbitral tribunals have been increasingly faced with over past years. This PhD thesis will examine in a systematic and comprehensive manner investment arbitral decisions that have attempted to draw this line. It will show that while some legal approaches taken by arbitral tribunals have started to consolidate, others remain unsettled, contributing to the picture of an overall inconsistent jurisprudence. The thesis will also make proposals de lege ferenda on how States could reform their international investment agreements in order to make them less susceptible to the practice of treaty shopping.
Resumo:
The present research deals with an application of artificial neural networks for multitask learning from spatial environmental data. The real case study (sediments contamination of Geneva Lake) consists of 8 pollutants. There are different relationships between these variables, from linear correlations to strong nonlinear dependencies. The main idea is to construct a subsets of pollutants which can be efficiently modeled together within the multitask framework. The proposed two-step approach is based on: 1) the criterion of nonlinear predictability of each variable ?k? by analyzing all possible models composed from the rest of the variables by using a General Regression Neural Network (GRNN) as a model; 2) a multitask learning of the best model using multilayer perceptron and spatial predictions. The results of the study are analyzed using both machine learning and geostatistical tools.
Resumo:
During the last decade, conservation banking mechanisms have emerged in the environmental discourse as new market instruments to promote biodiversity conservation. Compensation was already provided for in environmental law in many countries, as the last step of the mitigation hierarchy. The institutional arrangements developed in this context have been redefined and reshaped as market-based instruments (MBIs). As such, they are discursively disentangled from the complex legal-economic nexus they are part of. Monetary transactions are given prominence and tend to be presented as stand alone agreements, whereas they take place in the context of prescriptive regulations. The pro-market narrative featuring conservation banking systems as market-like arrangements as well as their denunciation as instances of nature commodification tend to obscure their actual characteristics. The purpose of this paper is to describe the latter, adopting an explicitly analytical stance on these complex institutional arrangements and their performative dimensions. Beyond the discourse supporting them and notwithstanding the diversity of national policies and regulatory frameworks for compensation, the constitutive force of these mechanisms probably lies in their ability to redefine control, power and the distribution of costs and in their impacts in terms of land use rather than in their efficiency.