The Revolving Door in International Investment Arbitration

Abstract It is often claimed that international investment arbitration is marked by a revolving door: individuals act sequentially and even simultaneously as arbitrator, legal counsel, expert witness, or tribunal secretary. If this claim is correct, it has implications for our understanding of which individuals possess power and influence within this community; and ethical debates over conflicts of interests and transparency concerning ‘double hatting’—when individuals simultaneously perform different roles across cases. In this article, we offer the first comprehensive empirical analysis of the individuals that make up the entire investment arbitration community. Drawing on our database of 1039 investment arbitration cases (including ICSID annulments) and the relationships between the 3910 known individuals that form this community, we offer the first use of social network analysis to describe the full investment arbitration community and address key sociological and normative questions in the literature. Our results partly contradict recent empirical scholarship as we identify a different configuration of central ‘power brokers’. Moreover, the normative concerns with double hatting are partly substantiated. A select but significant group of individuals score highly and continually on our double hatting index.</jats:p

Backlash and State Strategies in International Investment Law

This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law

Convolution of multifractals and the local magnetization in a random field Ising chain

The local magnetization in the one-dimensional random-field Ising model is essentially the sum of two effective fields with multifractal probability measure. The probability measure of the local magnetization is thus the convolution of two multifractals. In this paper we prove relations between the multifractal properties of two measures and the multifractal properties of their convolution. The pointwise dimension at the boundary of the support of the convolution is the sum of the pointwise dimensions at the boundary of the support of the convoluted measures and the generalized box dimensions of the convolution are bounded from above by the sum of the generalized box dimensions of the convoluted measures. The generalized box dimensions of the convolution of Cantor sets with weights can be calculated analytically for certain parameter ranges and illustrate effects we also encounter in the case of the measure of the local magnetization. Returning to the study of this measure we apply the general inequalities and present numerical approximations of the D_q-spectrum. For the first time we are able to obtain results on multifractal properties of a physical quantity in the one-dimensional random-field Ising model which in principle could be measured experimentally. The numerically generated probability densities for the local magnetization show impressively the gradual transition from a monomodal to a bimodal distribution for growing random field strength h.Comment: An error in figure 1 was corrected, small additions were made to the introduction and the conclusions, some typos were corrected, 24 pages, LaTeX2e, 9 figure

Using short-term postseismic displacements to infer the ambient deformation conditions of the upper mantle

Author Posting. © American Geophysical Union, 2012. This article is posted here by permission of American Geophysical Union for personal use, not for redistribution. The definitive version was published in Journal of Geophyscial Research 117 (2012): B01409, doi:10.1029/2011JB008562.To interpret short-term postseismic surface displacements in the context of key ambient conditions (e.g., temperature, pressure, background strain rate, water content, creep mechanism), we combined steady state and transient flow into a single constitutive relation that can explain the response of a viscoelastic material to a change in stress. The flow law is then used to investigate mantle deformation beneath the Eastern California Shear Zone following the 1999 M7.1 Hector Mine earthquake. The flow law parameters are determined using finite element models of relaxation processes, constrained by surface displacement time series recorded by 55 continuous GPS stations for 7 years following the earthquake. Results suggest that postseismic flow following the Hector Mine earthquake occurs below a depth of ~50 km and is controlled by dislocation creep of wet olivine. Diffusion creep models can also explain the data, but require a grain size (3.5 mm) that is smaller than the inferred grain size (10–20 mm) based on the mantle conditions at these depths. In addition, laboratory flow laws predict dislocation creep would dominate at the stress/grain size conditions that provide the best fit to diffusion creep models. Model results suggest a transient creep phase that lasts ~1 year and has a viscosity ~10 times lower than subsequent steady state flow, in general agreement with laboratory observations. The postseismic response is best explained as occurring within a relatively hot upper mantle (e.g., 1200–1300°C at 50 km depth) with a long-term background mantle strain rate of 0.1–0.2 μstrain/yr, consistent with the observed surface strain rate. Long-term background shear stresses at the top of the mantle are ~4 MPa, then decrease with depth to a minimum of 0.1–0.2 MPa at 70 km depth before increasing slowly with depth due to the pressure dependence of viscosity. These conditions correspond to a background viscosity of 1021 Pa s within a thin mantle lid that decreases to ~5 × 1019 Pa s within the underlying asthenosphere. This study shows the utility of using short-term postseismic observations to infer long-term mantle conditions that are not readily observable by other means.This work was supported by the National Science Foundation grants EAR-0952234 (A.M.F.), EAR-0810188 (G.H.), and EAR-0854673 (M.D.B.).2012-07-3

Phase diagram of the random field Ising model on the Bethe lattice

The phase diagram of the random field Ising model on the Bethe lattice with a symmetric dichotomous random field is closely investigated with respect to the transition between the ferromagnetic and paramagnetic regime. Refining arguments of Bleher, Ruiz and Zagrebnov [J. Stat. Phys. 93, 33 (1998)] an exact upper bound for the existence of a unique paramagnetic phase is found which considerably improves the earlier results. Several numerical estimates of transition lines between a ferromagnetic and a paramagnetic regime are presented. The obtained results do not coincide with a lower bound for the onset of ferromagnetism proposed by Bruinsma [Phys. Rev. B 30, 289 (1984)]. If the latter one proves correct this would hint to a region of coexistence of stable ferromagnetic phases and a stable paramagnetic phase.Comment: Article has been condensed and reorganized; Figs 3,5,6 merged; Fig 4 omitted; Some discussion added at end of Sec. III; 9 pages, 5 figs, RevTeX4, AMSTe

Magmatic and tectonic extension at the Chile Ridge: Evidence for mantle controls on ridge segmentation

We use data from an extensive multibeam bathymetry survey of the Chile Ridge to study tectonomagmatic processes at the ridge axis. Specifically, we investigate how abyssal hills evolve from axial faults, how variations in magmatic extension influence morphology and faulting along the spreading axis, and how these variations correlate with ridge segmentation. The bathymetry data are used to estimate the fraction of plate separation accommodated by normal faulting, and the remaining fraction of extension, M, is attributed primarily to magmatic accretion. Results show that M ranges from 0.85 to 0.96, systematically increasing from first-order and second-order ridge segment offsets toward segment centers as the depth of ridge axis shoals relative to the flanking highs of the axial valley. Fault spacing, however, does not correlate with ridge geometry, morphology, or M along the Chile Ridge, which suggests the observed increase in tectonic strain toward segment ends is achieved through increased slip on approximately equally spaced faults. Variations in M along the segments follow variations in petrologic indicators of mantle melt fraction, both showing a preferred length scale of 50620 km that persists even along much longer ridge segments. In comparison, mean M and axial relief fail to show significant correlations with distance offsetting the segments. These two findings suggest a form of magmatic segmentation that is partially decoupled from the geometry of the plate boundary. We hypothesize this magmatic segmentation arises from cells of buoyantly upwelling mantle that influence tectonic segmentation from the mantle, up

Randomly Evolving Idiotypic Networks: Structural Properties and Architecture

We consider a minimalistic dynamic model of the idiotypic network of B-lymphocytes. A network node represents a population of B-lymphocytes of the same specificity (idiotype), which is encoded by a bitstring. The links of the network connect nodes with complementary and nearly complementary bitstrings, allowing for a few mismatches. A node is occupied if a lymphocyte clone of the corresponding idiotype exists, otherwise it is empty. There is a continuous influx of new B-lymphocytes of random idiotype from the bone marrow. B-lymphocytes are stimulated by cross-linking their receptors with complementary structures. If there are too many complementary structures, steric hindrance prevents cross-linking. Stimulated cells proliferate and secrete antibodies of the same idiotype as their receptors, unstimulated lymphocytes die. Depending on few parameters, the autonomous system evolves randomly towards patterns of highly organized architecture, where the nodes can be classified into groups according to their statistical properties. We observe and describe analytically the building principles of these patterns, which allow to calculate number and size of the node groups and the number of links between them. The architecture of all patterns observed so far in simulations can be explained this way. A tool for real-time pattern identification is proposed.Comment: 19 pages, 15 figures, 4 table

Fracture propagation to the base of the Greenland Ice Sheet during supraglacial lake drainage

Author Posting. © The Authors, 2008. This is the author's version of the work. It is posted here by permission of American Association for the Advancement of Science for personal use, not for redistribution. The definitive version was published in Science 320 (2008): 778-781, doi:10.1126/science.1153360.Surface meltwater that reaches the base of an ice sheet creates a mechanism for the rapid response of ice flow to climate change. The process whereby such a pathway is created through thick, cold ice has not, however, been previously observed. We describe the rapid (<2 hours) drainage of a large supraglacial lake down 980 m through to the bed of the Greenland Ice Sheet initiated by water-driven fracture propagation evolving into moulin flow. Drainage coincided with increased seismicity, transient acceleration, ice sheet uplift and horizontal displacement. Subsidence and deceleration occurred over the following 24 hours. The short-lived dynamic response suggests an efficient drainage system dispersed the meltwater subglacially. The integrated effect of multiple lake drainages could explain the observed net regional summer ice speedup.Support was provided jointly by NSF and NASA through ARC-0520077 (S.B.D., M.P.B., I.M.H.) and ARC- 520382 (I.J.); The WHOI OCCI and Clark Arctic Research Initiative provided additional support to S.B.D., M.D.B., and D.L.; and a NERC (UK) Research Fellowship supported M.A.K