Evolución del derecho internacional de inversiones: hacia un régimen global estable (Tema Central)

En los últimos años, los flujos de inversión han crecido a nivel mundial y junto con estos se ha producido un desarrollo normativo que comprende la creación de más de 3.000 tratados bilaterales y regionales. Estos tratados comparten similares estándares sustantivos de trato, así como procedimientos similares de solución de controversias. Por esta razón, se ha conceptualizado a este conjunto de normas en el derecho internacional como un régimen emergente global de inversiones, el cual está generando constantes tensiones entre estados. La creación de este régimen emergente no es espontánea, ya que proviene de un complejo proceso de evolución que se desarrolla a través de la historia del derecho internacional. El presente trabajo analiza la historia y evolución del Derecho Internacional de Inversiones, e identifica los puntos clave que deben ser considerados en la construcción de una regulación integral de la inversión extranjera.

El actual modelo de descentralización en el Ecuador: un desafío para los gobiernos autónomos descentralizados (Tema Central)

El gran objetivo que planteó la Asamblea de Montecristi de impulsar un avanzado proceso de autonomía y descentralización dentro de un marco de equidad social, económico y territorial, debe generar en los gobiernos autónomos descentralizados una visión de oportunidad y desarrollo, entendiendo principalmente que ambos conceptos buscan ampliar la democracia y viabilizar a un país productivo, igualitario y territorialmente justo. Ideales que se alejan de cualquier improvisación y clientelismo, y que, por el contrario, requieren de políticas públicas serias, de un marco jurídico claro y unificado, y de readecuaciones e innovaciones institucionales.

Construction contracts: law and management (3rd edition)

This book is aimed primarily at students for whom the study of building or civil engineering contracts forms part of a construction-based course. We have had in mind the syllabus requirements for first degrees in Building, Civil Engineering, Architecture, Quantity Surveying and Building Surveying, as well as those of postgraduate courses in Construction Management and Project Management. We have also assumed that such students will already have been introduced to the general principles of English law, especially those relating to contract and tort. As a result, while aspects of those subjects that are of particular relevance to construction are dealt with here, the reader must look elsewhere for the general legal background. In producing this third edition, we have again been greatly assisted by the many helpful comments made by reviewers and users of its predecessor. Nonetheless, our basic aim is identical to that which underpinned the first edition: to provide an explanation of the fundamental principles of construction contract law, rather than a clause-by-clause analysis of any particular standard-form contract. As a result, while we draw most frequently upon JCT 98 for our illustrations of particular points, this merely reflects the pre-eminent position occupied by that particular form of contract in the UK construction industry. We conclude by repeating our previous warning as to the dangers inherent in a little learning. Neither this book, nor the courses for which it is intended, seek to produce construction lawyers. The objective is rather to enable those who are not lawyers to resolve simple construction disputes before they become litigious, and to recognize when matters require professional legal advice. It should be the aim of every construction student to understand the legal framework sufficiently that they can instruct and brief specialist lawyers, and this book is designed to help them towards that understanding.

Conservation and sustainable use of crop wild relatives

Conservation of crop wild relatives (CWRs) is a complex interdisciplinary process that is being addressed by various national and international initiatives, including two Global Environment Facility projects ('In situ Conservation of Crop Wild Relatives through Enhanced Information Management and Field Application' and 'Design, Testing and Evaluation of Best Practices for in situ Conservation of Economically Important Wild Species'), the European Community-funded project 'European Crop Wild Relative Diversity Assessment and Conservation Forum (PGR Forum)' and the European 'In situ and On Farm Network'. The key issues that have arisen are: (1) the definition of what constitutes a CWR, (2) the need for national and regional information systems and a global system, (3) development and application of priority-determining mechanisms, (4) the incorporation of the conservation of CWRs into existing national, regional and international PGR programmes, (5) assessment of the effectiveness of conservation actions, (6) awareness of the importance of CWRs in agricultural development at local, national and international levels both for the scientific and lay communities and (7) policy development and legal framework. The above issues are illustrated by work on the conservation of a group of legumes known as grasspea chicklings, vetchlings, and horticultural ornamental peas (Lathyrus spp.) in their European and Mediterranean centre of diversity. (c) 2007 Published by Elsevier B.V.

Assessment of the food control system in the State of Kuwait

National food control systems are a key element in the protection of consumers from unsafe foods and from other fraudulent practices. International guidance is available and provides a framework for enhancing national systems. However, it is recognized that before reaching decisions on the necessary improvements to a national system, an analysis is required of the current state of key elements in the present system. This paper provides such an analysis for the State of Kuwait. The fragmented nature of the food control system is described. Four key elements of the Kuwaiti system are analyzed: the legal framework, the administrative structures, the enforcement activity and the provision of education and training. It is noted that the country has a dependence on imported foods and that the present national food control system is largely based on an historic approach to food sampling at the point of import and is unsustainable. The paper recommends a more coordinated approach to food safety control in Kuwait with a significant increase in the use of risk analysis methods to target enforcement.

Winning and losing in the creative industries: an analysis of creative graduates' career opportunities across creative disciplines

Following earlier work looking at overall career difficulties and low economic rewards faced by graduates in creative disciplines, the paper takes a closer look into the different career patterns and economic performance of “Bohemian” graduates across different creative disciplines. While it is widely acknowledged in the literature that careers in the creative field tend to be unstructured, often relying on part-time work and low wages, our knowledge of how these characteristics differ across the creative industries and occupational sectors is very limited. The paper explores the different trajectory and career patterns experienced by graduates in different creative disciplinary fields and their ability to enter creative occupations. Data from the Higher Education Statistical Agency (HESA) are presented, articulating a complex picture of the reality of finding a creative occupation for creative graduates. While students of some disciplines struggle to find full-time work in the creative economy, for others full-time occupation is the norm. Geography plays a crucial role also in offering graduates opportunities in creative occupations and higher salaries. The findings are contextualised in the New Labour cultural policy framework and conclusions are drawn on whether the creative industries policy construct has hidden a very problematic reality of winners and losers in the creative economy.

Land administration in a micro-state: the role of land use planning

Land policy in micro-states and the land administration that underpins it is often devised within a legacy framework inherited from a colonial past. Independence has allowed self-determination of the future political direction yet the range, legal framework, institutional structure and administration systems tend to mirror those of ex-colonial powers. Do land policies, administration systems and processes developed to serve large heavily populated countries scale down to serve the requirements of micro-states? The evidence suggests not: many land administration systems in the Caribbean face difficulties due to poor records, unclear title, exploitation of state lands, incomplete or ongoing land reform programmes, irregular or illegal settlement and non-enforced planning regulations. Land matters are typically the responsibility of several government departments and agencies responsible for land titling and registration, cadastral surveying of property interests, physical planning, taxation and financial regulation. Although planning is regarded as a land administration function, organisational responsibility usually rests with local rather than central government in large countries, but in microstates local government may be politically weak, under-resourced or even non-existent. Using a case study approach this paper explores how planning functions are organised in the Caribbean state of St Vincent & the Grenadines in relation to land administration as a whole and compares the arrangement with other independent micro-states in the region.

Commercial property loan valuations in the UK : the changing landscape of practice and liability

This paper is the first of two which aim to examine the major legal liability implications of changes to the commercial property loan valuation process caused by the recession in the UK property market and to make recommendations to valuers and their professional institutions to improve the quality of the process and the result. This paper identifies the market background to commercial property lending and discusses the implications of the falls in value for lenders and valuers. These include two major strands; first, the outcome of discussions between the representative bodies of these two groups and, second, the increasing litigation caused by lenders suing valuers for professional negligence. The discussions between representative groups have driven a debate on the valuation process leading to a number of reports and guidance notes. This paper discusses the outcomes paying particular attention to the basis of valuation for loan purposes and the provision of additional information in valuation reports. This paper also reviews the legal framework which influences the relationship between the lenders and valuers and discusses the duty of care. The role of instructions in the valuation process, the significance of the identity of the person to be advised and the possibility of a conflict of interest arising are all considered. The paper also addresses the issue of the standards required of a commercial loan valuer, including how this is interpreted by the courts and the legal status of professional guidance notes. The paper concludes by identifying potential areas for dispute within the loan valuation process and raising a number of research questions concerning the operation of this process which are addressed in a following paper.

Harvesting the sea: the exploitation of marine resources in the Roman Mediterranean

Harvesting the Sea provides the first systematic treatment of the exploitation of various marine resources, such as large-scale fishing, fish salting, salt and purple-dye production, and oyster and fish-farming, in the Roman world and its role within the ancient economy. Bringing together literary, epigraphic, and legal sources, with a wealth of archaeological data collected in recent years, the book shows that these marine resources were an important feature of the Roman economy and, in scope and market-oriented production, paralleled phenomena taking place in the Roman agricultural economy on land. The book also examines the importance of technological innovations, the organization of labour, and the use of the existing legal framework in defence of economic interests against competitors for the same natural resource.

Drug control, human rights, and the right to the highest attainable standard of health: a reply to Saul Takahashi

A recent article in this journal challenged claims that a human rights framework should be applied to drug control. This article questions the author’s assertions and reframes them in the context of socio-legal drug scholarship, aiming to build on the discourse concerning human rights and drug use. It is submitted that a rights-based approach is a necessary, indeed obligatory, ethical and legal framework through which to address drug use and that international human rights law provides the proper scope for determining where interferences with individual human rights might be justified on certain, limited grounds.

Sparse shape representation using the Laplace-Beltrami eigenfunctions and its application to modeling subcortical structures

We present a new sparse shape modeling framework on the Laplace-Beltrami (LB) eigenfunctions. Traditionally, the LB-eigenfunctions are used as a basis for intrinsically representing surface shapes by forming a Fourier series expansion. To reduce high frequency noise, only the first few terms are used in the expansion and higher frequency terms are simply thrown away. However, some lower frequency terms may not necessarily contribute significantly in reconstructing the surfaces. Motivated by this idea, we propose to filter out only the significant eigenfunctions by imposing l1-penalty. The new sparse framework can further avoid additional surface-based smoothing often used in the field. The proposed approach is applied in investigating the influence of age (38-79 years) and gender on amygdala and hippocampus shapes in the normal population. In addition, we show how the emotional response is related to the anatomy of the subcortical structures.

Abstract platforms of computation

Computational formalisms have been pushing the boundaries of the field of computing for the last 80 years and much debate has surrounded what computing entails; what it is, and what it is not. This paper seeks to explore the boundaries of the ideas of computation and provide a framework for enabling a constructive discussion of computational ideas. First, a review of computing is given, ranging from Turing Machines to interactive computing. Then, a variety of natural physical systems are considered for their computational qualities. From this exploration, a framework is presented under which all dynamical systems can be considered as instances of the class of abstract computational platforms. An abstract computational platform is defined by both its intrinsic dynamics and how it allows computation that is meaningful to an external agent through the configuration of constraints upon those dynamics. It is asserted that a platform’s computational expressiveness is directly related to the freedom with which constraints can be placed. Finally, the requirements for a formal constraint description language are considered and it is proposed that Abstract State Machines may provide a reasonable basis for such a language.

Money laundering and the shadow economy in Kazakhstan

Purpose The purpose of this paper is to assess and highlight the approach taken towards the legal control of illicit money laundering taken in the Republic of Kazakhstan, in particular, the role played by an amnesty on the legalisation of illicit funds. This is particularly important as a basis for a wider discussion about the proper limits of the “criminalising” approaches commonly taken in anti-money laundering regulations. Design/methodology/approach The discussion and evaluation in the paper is based upon a conceptual analysis of the money laundering regime in Kazakhstan, in particular, the legal framework and policies of implementation adopted. Findings The paper demonstrates that the problems that are posed by the shadow economy in post-Soviet transition societies can make the blanket criminalisation of money laundering a self-defeating approach, unless accompanied by measures which allow for the achievement of “market-constituting” effects. Research limitations/implications The paper draws on experience and practice in one jurisdiction only (Kazakhstan); it also limits its focus to one particular example of a money laundering amnesty policy. Both of these limitations, therefore, suggest avenues for further comparative research. Originality/value The paper’s conclusions about the interactions between the shadow economies of transitional societies and the global anti-money laundering agenda have wider application in assessments of international law in this area.

Political culture and corporate homicide liability in the UK and Europe

This chapter outlines recent developments in the emergence within Europe of systems of criminal law designed to hold corporate bodies liable where they cause the deaths of workers or members of the public. These changes point to the emergence of a new, more punitive, legal culture in relation to corporate crime. At the same time, however, there is evidence to suggest that this punitive culture is not uniform; different national jurisdictions reflect it to differing degrees. The chapter explores the degree to which the UK’s willingness to criminalise work-related deaths is mirrored elsewhere in Europe, and identifies some factors that might account for variations in this regard. In particular, attention is paid to the influence that social and political culture have on practices in this area. It is written as part of a research handbook on corporate crime in Europe, so has an eye on a more generalist audience in some regards.