Balancing the Scales : The World Bank Sanctions Process and Access to Remedies

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Proteção do Meio Ambiente e arbitragem de investimento: ¿Yin e yang?

This article explores the interactions between international environmental law and international investment law. It discusses existing tools and procedural devices available before international courts and tribunals to promote compliance with emerging principles, standards, the way in which international courts and tribunals have had recourse to environmental protection through treaty interpretation. It then appraises the various ways that environmental protection is referred to in bilateral investment treaties. Finally, the article explores the procedural devices that could be used to take into account/address environmental considerations within the investment framework.Este documento analiza las relaciones entre el derecho internacional del medio ambiente y el derecho internacional de inversión. Así mismo, discute las herramientas existentes y los mecanismos procesales disponibles ante las cortes y los tribunales internacionales para promover el cumplimiento de los principios emergentes, las normas y los compromisos relacionados con la sostenibilidad. Este artículo considera la forma en que las cortes y los tribunales internacionales han recurrido a la protección del medio ambiente mediante la interpretación de tratados. También, evalúa las diferentes formas a que hace referencia la protección del medio ambiente en tratados de inversión bilateral. Finalmente, el texto examina los dispositivos procesales que podrían ser usados para tener en cuenta y tratar las consideraciones medioambientales dentro del marco de referencia de la inversión.Este documento analisa as relações entre o Direito Internacional do Meio Ambiente e o Direito Internacional de Investimento. Igualmente, discute as ferramentas existentes e os mecanismos processais disponíveis ante as cortes e os tribunais internacionais para promover o cumprimento dos princípios emergentes, as normas e os compromissos relacionados com a sustentabilidade. Este artigo considera a forma em que as cortes e os tribunais internacionais têm recorrido à proteção do meio ambiente por meio da interpretação de tratados. Também, avalia as diferentes formas a que faz referência a proteção do meio ambiente em Tratados de Investimento Bilateral. Finalmente, o documento examina os dispositivos processais que poderiam ser usados para ter em conta e tratar as considerações meio ambientais dentro do marco de referência do investimento

Analisis Hidrolika Bangunan Krib Permeabel pada Saluran Tanah (Uji Model Laboratorium)

One of the structures to protect river bank erosion is groyne. Groyne can serve and control water flow, reducing flow velocity and scour of river bank. The purposes of this study is to analyze the changes in the river bed elevation (morphology) and the depth of scour in the upstream groyne caused by the permeable groyne installed at the river meanders. The experiment was conducted at Fluid Mechanics and Hydraulics Laboratory, Sriwijaya University. The study tested the hydraulics models, a trapezoidal channel, meanders angle of 90˚, five permeable groynes at meanders, and the water flowing in the channels was clear water. The observations were carried out with a flow rate was 63,32 Lt / min, three variations of permeable groynes angle were 45˚, 90˚ and 135˚ to the upstream within 1 hour, 2,5 hours and 4 hours for each angle variations . The results of this study showed that the flow velocity of meanders was decreasing to the end of the meanders, and the changes of channel only occurred at the riverbed. Maximum riverbed changes (Bt / Bo) for permeable groyne angle of 45˚, 90˚ and 135 ˚ were 1,376 cm, 1,346 cm dan 1,452 cm. The maximum depth of scour (ds/y) for permeable groyne angle of 45˚, 90˚ and 135˚ were 1,05 cm, 0,95 cm dan 1,17 cm. Thus, permeable groyne with angle of 90 proved to be the best with the smallest riverbed changes (Bt /Bo) was 1,346 cm and the coefficient of determination (R2) was 0,9384, and also the smallest scour depth (ds/y) was 0,95 cm and the coefficient of determination (R2) was 0,8317 compared to other groyne permeable angles

Global Law as Intercontextuality and as Interlegality

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality

Judging Inter-Legality

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Interactions between Regional and Universal Organizations - A Legal Perspective

Cooperation through international organizations is fundamental to the international legal order. International organizations are nowadays ubiquitous and come in many different manifestations, each allowing for different levels of international cooperation. The profile of regional and universal organizations may vary greatly from one organization to another. At the same time, they do not live apart and this has led to the creation of a complex network of relationships. These relationships have seldom been the object of scholarship, and this book seeks to address that gap. In general, the relationships between international organizations can give rise to such issues as the conditions placed upon one organization by another, demarcations of competence, membership of other organizations, and various forms of collaboration involving the conclusion of agreements between organizations. Optimal coexistence, cooperation and coherence all play a role in optimizing the relations between international organizations. The volume concludes by analysing current challenges, including those of legal identity, responsibility and accountability, as well as making proposals for reform, such as through the development of a common law between organizations