Applying the Full Protection and Security Standard of International Investment Law to Digital Assets

This article considers the possibility that digital assets of foreign investors such as websites and computer systems could be protected by the full protection and security (‘FPS’) standard common to many bilateral investment treaties. Such assets can properly be described as investments and the flexible nature of the FPS standard observed in recent arbitration practice could be extended to cover civil disturbances such as 'cyber attacks' against companies. The article considers host state liability with respect to the prevention of harm to digital assets as well as failure to enforce laws that prohibit it. The lack of governmental control over websites suggests that it would be difficult to ascribe state liability under an FPS clause, except possibly in situations of large scale internet infrastructure collapse. A duty to prosecute attacks against digital assets, while common to many jurisdictions and seen in international instruments, is inappropriate as an investment treaty claim because of difficulties in compensation. The FPS standard further appears to incorporate a degree of contextual proportionality linked to the host state’s resources and this may prevent successful claims against Developing States where many cyber attacks occur

Fair Trade City Subsidization and WTO Agreement Violation

Numerous local governments in the UK have achieved the designation Fairtrade City for their provision of special assistance to Fairtrade certified goods “ which originate from producers in the developing world who enjoy a higher wage and healthy living standards. This article examines the legality of such policies through the framework of the World Trade Organization agreements and argues that such favourable treatment is both an illegal subsidy and a violation of the Most Favoured Nation principle. Discrimination against non-Fairtrade goods is likely not defensible through the WTO's permissible exceptions for developing nations; nor does it fit under any of the general exceptions under GATT. The article concludes that Member states from the developed world injured as a result of Fairtrade City policies should seek consultations as provided by the WTO Agreement on Subsidies and Countervailing measures

Efficient Breach, Reliance and Contract Remedies at the WTO

Purpose - To propose a remedy of monetary damages for efficient trade agreement breaches within the World Trade Organization (WTO). Design/methodology/approach - Defines the concept of an efficient breach as one where breach of an obligation leads to more optimal allocation of resources than compliance with the obligation. Discusses WTO remedies and monetary damages for efficient breach, the expectation measure, the reliance measure, WTO violations as tort, and enforcement. Findings - The main remedies for WTO violations are non-monetary compensation and retaliation. However, the problems facing a doctrine of efficient breach are that the parties mainly injured by such breaches are private third party exporters rather than Member States, and that it is difficult to calibrate counterfactually a suitable remedy based on foregone trade. To overcome these problems, the proposed reliance-based monetary remedy would institute a periodic decreasing payment which corresponds to the out of pocket expenses incurred, in anticipation of liberalized trade, by exporters in the injured state. This quantifiable and verifiable method of assessing compensation is in harmony with the common law of contract and can be used to establish third-party contractual rights; it also has parallels in international law, which should encourage compliance with it, while WTO violations are similar to the law of tort, which typically uses a restorative remedy. Originality/value - The proposed method fulfils the WTO's Dispute Settlement Understanding's goal of predictability, and it is both fair and welfare maximizing

Settlement Agreements, Legal Information and the Mistake of Law Rule in Contract

The extent of the doctrine of contractual mistake of law is evaluated in light of the Court of Appeal’s decision in Brennan v Bolt Burdon through the lens of economic efficiency, the associated incentivization of productive information acquisition and contractual risk allocation. The Brennan court’s decision limits the relief available for claims of mistake grounded in unanticipated changes in the law to mistakes involving exceptional errors. In so doing it acknowledges the risk inherent in accepting contractual settlement offers as a matter of commercial risk taking which can be offset through express contractual limitation, subject to public policy concerns. The article considers the effects of such contractual risk allocation as well as the cost of dispelling ignorance to recommend a clarification of the scope of the mistake of law. This rule is based upon the gains to be achieved from the underlying contract to the contractual parties as well advantages to society engendered by the dissemination of information about the law itself

Reliance Remedies at the International Centre for the Settlement of Investment Disputes

Examines situations in which the International Centre for the Settlement of Investment Disputes has awarded damages for the cost of the investment, which may be compared to the contract law concept of reliance damages. Notes that this measure of damages is often used where lost profits are difficult to calculate because of the speculative nature of the future investment

The International Bar Association and Trade in Legal Services: Meta Law-Making in International Economic Law?

This article presents the International Bar Association as a highly-influential but often overlooked non-state actor through the lens of its involvement in the standardization of Mutual Recognition Agreements (MRA)s for legal services. Not only do most MRAs contemplate the active involvement of professional bodies such as law societies and bar associations in their construction and monitoring, the IBA’s guidelines for MRAs inform the content of these agreements, facilitating the practice of international law by a more highly mobile profession. This in turn underpins the capacity of the community of international lawyers to exercise their technical expertise to influence other non-state actors, exemplifying what may be described as the IBA’s “meta-lawmaking” on the global stage. As there has been poor uptake of MRAs by developing countries, initiatives of the IBA could help establish mutual recognition for legal services in the developing world

Institutionalized Fact Finding at the WTO

This short article argues that the WTO should have a standing agency to conduct fact finding in order to correct evidentiary deficiencies in submissions by members to panels during dispute settlement. This will compensate for both the incapacity to produce full disclosure on the part of developing nations and the unwillingness to do so from other members due to strategic reasons or purposes of confidentiality. It is suggested that such an investigatory mandate could fit into the panels’ existing right to seek information or within the broad scope of powers granted tribunals in international law. Separation between fact finding and decision-making achieved by a specialized fact finding body would insure judicial impartiality and promote legitimacy

Efficient allocation of property rights on the planet Mars

This paper examines the need to foster competition in the exploration of the solar system through the motivation of private profit, in contrast to the concepts of communal ownership of space resources as expressed in international treaty law. This paper draws upon recent US governmental policy outlining the objective of exploring and ultimately colonizing the planet Mars. This paper suggests a principle of geographically limited ownership on the Mars based on the historic concept of first possession

The sport coach

Chapter Objectives After completing this chapter you should be able to: 1. Understand some of the core differences between coaching requirements in participation and performance domains. 2. Discuss diverse models of sports coaching and how these differ in terms of their emphasis, strengths, and limitations. 3. Describe a range of key factors which impact on the coaching process and how these can be integrated through a focus on professional judgment and decision making. 4. Describe some crucial skills that can help coaches to understand and manage the complex and dynamic environments in which they work and best lead performers