437 research outputs found

    Understanding and applying compression therapy

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    Atkin L, Shirlow

    Approaches of International Courts and Tribunals to the Award of Compensation in International Private Property Cases and Implications for the Reform of Investor-State Arbitration

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    As the amount of compensation being awarded in investment tribunals rises, this report analyzes how it is calculated in other international courts and tribunals to help inform reform processes that seek to address the negative socio-economic impacts of investment treaties.In recent years, investor–state arbitral tribunals have awarded increasingly high amounts of compensation to foreign investors, which can exacerbate the negative impacts of investment treaties on people and the economy in host states. This paper contributes to discussions on how to address this issue by comparing approaches used to award compensation in investment tribunals with those used by some of the most active and/or high-profile international courts and tribunals in international private property claims cases.From this comparative analysis, the paper identifies the following options for states and other proponents to consider when considering investor–state dispute settlement reform:Crafting new treaty language that requires investor–state arbitral tribunals to apply a different standard of reparation to customary international law or provides greater guidance on how to put such standards of reparation into practice.Requiring investor–state arbitral tribunals to engage more with the decisions of domestic mechanisms regarding reparation for investment treaty breaches.Encouraging parties to seek agreement on matters of reparation, including through negotiated or mediated settlements following arbitral decisions on the merits.Encouraging—or requiring—greater use of tribunal-appointed experts to reduce reliance on party-appointed experts when calculating compensation for investment treaty breaches

    From the ‘Long War’ to the ‘Long Peace’: An introduction to the special edition

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    In this introduction, we set out to provide the appropriate historical context for the nine essays that follow. The article documents all of the tortuous course that the Northern Irish peace process has taken over the last two decades, but its principal focus falls on the period in which the previously unlikely pairing of Sinn Féin and the Democratic Unionist Party agreed to share power at Stormont. While the coalition partners were often at odds over ethno-national issues such flags and parades, they frequently found common cause when it came to the introduction of distinctly neoliberal social and economic strategies. The decade in which the two parties shared office seemed to offer the prospect, finally, of stable government in Northern Ireland. At the beginning of 2017, however, the tensions between Sinn Féin and the Democratic Unionists became insurmountable and led to the Stormont institutions being mothballed for a fifth time. Although often attributed to the introduction of a controversial green energy scheme in the six counties, the collapse of the power sharing executive owes its origins rather more to seismic political developments elsewhere in the United Kingdom. The outcome of the Brexit referendum has meant that Northern Ireland is now at the centre of a political storm that threatens/promises to usher in an era of radical constitutional change for the region

    On the Margins: disabled people’ s experience of employment in Donegal, West Ireland

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    Traditionally, studies of disabled people’s access to the labour market have been largely restricted to labour market 'censuses' , often conducted by government agencies, and econometric studies. This paper explores disabled people’s access to and experiences of employment in Donegal, West Ireland, using a qualitative approach. Twelve disabled people and four non-disabled helpers, divided into two focus groups, were interviewed using an in-depth, informal conversational strategy. A number of different, salient issues were identified in regards to training, and gaining and maintaining employment, ranging from ignorance and discrimination, to poor access (both workplace and transport), to legislation. Respondents identified a number or potential solutions which mainly focused around disability awareness, removing barriers to gaining employment and the implementation of stronger legislation. In the final section, the issues and solutions raised by disabled people are compared to those identified by non-disabled people, collected in a parallel study

    Achieving Parity of Esteem

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    The following works on the idea of how we challenge identity and cultural asperity through a recognitional model. The various cultures that exist in NI, as elsewhere, are complex and elaborate systems of meaning and at times behaviour. However, they also sites of value in terms of cultural diversity/richness, creativity, esteem, personal meaning/commitment, economic growth and social outcome. These latter characteristics have yet to achieve an appropriate governance fix. Turning policy into the promotion of cultural value provides opportunities to dilute antagonistic expressions. Cultural identity, part of the present political crisis, is antagonistic when it is threatened, under-recognised or supremacist

    LES Study

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    understood as linear with the prediction that the rise of a pro-unification population is inevitable. This may be the case but before coming to that point there are very subtle changes in identity, inter-community marriage/partnerships and other minorities who are not factored into a more robust analysis of the electorate. The following paper breaks down some of those subtleties and provides a more nuanced reading of population change. This does not obviate against the overall trend of CNR growth but it does suggest that a pro-union majority is more significant than is assume

    The Tail of the Tiger: Experiences and perceptions of unemployment and inactivity in Donegal

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    The experiences and perceptions of registered and 'hidden' unemployed people in Donegal are explored through an examination of survey data collected from 620 respondents between May and August 1997. This data set, consisting of both quantitative and qualitative information, is valuable because it explores unemployment and possible solutions from unemployed people's perspectives, and also investigates 'hidden' unemployment. It also provides some insights into social exclusion and the extent to which the 'Celtic Tiger' has benefited all parts of Irish society. Analyses are restricted to the quantitative aspects of the dataset and the discussion is divided into three main themes: labour market histories and experiences of unemployment; education and training; and perceptions of the labour market. In the last section of the paper the various findings are drawn together and summary recommendations are made concerning the actions that local agencies, as opposed to central Government, might undertake in order to tackle the causes and consequences of unemployment

    The Tail of the Tiger: Experiences and perceptions of unemployment and inactivity in Donegal

    Get PDF
    The experiences and perceptions of registered and 'hidden' unemployed people in Donegal are explored through an examination of survey data collected from 620 respondents between May and August 1997. This data set, consisting of both quantitative and qualitative information, is valuable because it explores unemployment and possible solutions from unemployed people's perspectives, and also investigates 'hidden' unemployment. It also provides some insights into social exclusion and the extent to which the 'Celtic Tiger' has benefited all parts of Irish society. Analyses are restricted to the quantitative aspects of the dataset and the discussion is divided into three main themes: labour market histories and experiences of unemployment; education and training; and perceptions of the labour market. In the last section of the paper the various findings are drawn together and summary recommendations are made concerning the actions that local agencies, as opposed to central Government, might undertake in order to tackle the causes and consequences of unemployment
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