Business and Politics in Early 20th Century Japan

The paper by Masato Kimura seeks to clarify the contributions and limitations of Japanese business diplomacy by looking at the business mission to Britain and the US in 1921-22, and the Japanese Economic Mission to Europe and the United States of 1937. The paper argues that Japanese business diplomacy, while of significance particularly in building up international human networks, was insufficiently influential to prevent political and military conflict.Peter von Staden's paper focuses on the Iron and Steel Promotion Law of 1917 as a case study to explore the significance of the shingikai (deliberative councils) as a forum for formal and significant debate on isses of importance to both business and government. The paper argues that business interests saw the shingikai as a locus where conflicting interests could be resolved, calling into question the widespread assumption of across-the-board covert decision-making in the Japanese government-business relationship.Japanese business diplomacy, economic mission, Europe, Japan, United States, Japanese Iron and Steel Promotion Law, 1937, shingikai (deliberative councils), Japanese government, conflict, covert decision-making, business, politics, early twentieth century.

Investment Protection in Extraordinary Times: The Interpretation and Application of Non-Precluded Measures Provisions in Bilateral Investment Treaties

When threatened by crises such as global terrorism, financial collapse, pandemic diseases, and natural disasters, states may resort to measures that harm the interests of foreign investors protected under the bilateral investment treaty (BIT) regime. Many such BITs, however, contain heretofore under-studied clauses that preclude liability for state actions taken in response to exceptional circumstances. These non-precluded measures (NPM) clauses effectively transfer the risk of and costs associated with state action in exceptional circumstances from the host-states of international investments to the investors. In two recent cases brought against Argentina in response to the Argentine financial crisis, ICSID tribunals have interpreted the NPM clause in the U.S.-Argentina BIT in radically different ways, with one tribunal holding Argentina liable and the other excusing Argentina from compensating investors. This article provides the first detailed study of NPM clauses in international investment law. It argues that NPM clauses are, in fact, a widespread element of the international law of foreign investment. To guide states, investors, and arbitral tribunals, the article offers a framework for the interpretation of NPM clauses, based on the practice of key states including the U.S., Germany, and India. In so doing, the article imports the margin of appreciation doctrine from European human rights law into international investment arbitration as a mechanism for determining the scope of deference to be accorded to critical state policies by ad hoc arbitral tribunals. More generally, the article argues that the risk-allocation function performed by NPM clauses is of considerable significance to the depth of international legal cooperation, the response of states to international crises, and the flow of international investments

Private Litigation in a Public Law Sphere:The Standard of Review in Investor-State Arbitrations

International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent jurisprudence with regard to the applicable standard for reviewing a state\u27s public regulatory activities. This problematic approach is evidenced by a recent series of cases brought by foreign investors against Argentina challenging the economic recovery program launched after a massive financial collapse and has called into question the legitimacy of investor-state arbitration more generally. A comparative analysis of public law standards of review from both other international courts and the domestic systems of the U.S. and Germany demonstrates that arbitral tribunals have a variety of standards of review from which they could borrow to develop a coherent jurisprudence. While any consistently applied public law standard of review that recognizes the competing public interests at stake in this new form of international arbitration would be preferable to the status quo, we argue that for reasons of institutional capacity, expertise, and embeddedness, the margin of appreciation as developed by the European Court of Human Rights may offer the best path forward. The consistent application of a margin of appreciation when reviewing public law regulatory activities of states would allow arbitral tribunals to grant appropriate deference to national authorities while simultaneously protecting investor rights, thereby helping to close the growing legitimacy gap in investor-state arbitration

Investment Protection in Extraordinary Times: The Interpretation and Application of Non-Precluded Measures Provisions in Bilateral Investment Treaties

When threatened by crises such as global terrorism, financial collapse, pandemic diseases, and natural disasters, states may resort to measures that harm the interests of foreign investors protected under the bilateral investment treaty (BIT) regime. Many such BITs, however, contain heretofore under-studied clauses that preclude liability for state actions taken in response to exceptional circumstances. These non-precluded measures (NPM) clauses effectively transfer the risk of and costs associated with state action in exceptional circumstances from the host-states of international investments to the investors. In two recent cases brought against Argentina in response to the Argentine financial crisis, ICSID tribunals have interpreted the NPM clause in the U.S.-Argentina BIT in radically different ways, with one tribunal holding Argentina liable and the other excusing Argentina from compensating investors. This article provides the first detailed study of NPM clauses in international investment law. It argues that NPM clauses are, in fact, a widespread element of the international law of foreign investment. To guide states, investors, and arbitral tribunals, the article offers a framework for the interpretation of NPM clauses, based on the practice of key states including the U.S., Germany, and India. In so doing, the article imports the margin of appreciation doctrine from European human rights law into international investment arbitration as a mechanism for determining the scope of deference to be accorded to critical state policies by ad hoc arbitral tribunals. More generally, the article argues that the risk-allocation function performed by NPM clauses is of considerable significance to the depth of international legal cooperation, the response of states to international crises, and the flow of international investments

Government-business relations in Japan: The deliberative councils (Shingikai) and the iron and steel industry, 1916-1934.

Government-business relations in postwar Japan have received a considerable amount of attention, as also the often associated scandals and back room dealing in Japan have been a recurrent and topical issue in academic circles and the popular press. Yet, despite this attention, scholarly and otherwise, much less research has been undertaken on these issues in Japan before the Pacific War. Employing the detailed records of the shingikai or, Councils of Deliberation, discussions between business and government are traced to determine, in the first instance, the success of business in realizing its aims. These findings are located within the larger conceptual framework of the overt and covert interaction between government and business in policy formulation. An important historical perspective is therefore offered by the thesis in examining this case study, providing analysis of the historical continuum frequently left out in assessments by commentators on today's situation. The findings are that the shingikai forum was perceived by business as a place its views could be expressed and an opportunity to influence policy outcomes. The factors which determined the extent to which business could realize its goals were, among others, the political and economic circumstances in which the actors found themselves. Evidence indicates that business viewed itself as an independent actor in its negotiations with government. As both government and business were important stakeholders in the iron and steel industry, their interests did not always coincide which was observed, at least in one instance, to have led to heated debates and the amendment of the bill at hand. This finding challenges the prevailing view in the literature that the shingikai was co-opted by government to achieve its own policy ends

La théorie de la vision chez Galien : la colonne qui saute et autres énigmes

Du point de vue méthodologique et épistémologique, la vision occupe une place privilégiée dans les œuvres de Galien de Pergame, ce qui explique les tentatives répétées de ce dernier pour en expliquer le fonctionnement. En partie grâce à la dissection et à la vivisection pratiquées sur des animaux de différentes espèces, il développa une connaissance détaillée de l’anatomie de l’œil, du nerf optique, du cerveau, des muscles oculaires et du système vasculaire cérébral et oculaire. Il utilisa avec habileté cet impressionnant savoir anatomique pour élaborer une explication détaillée de la physiologie de la vision. Pour expliquer comment voient les êtres humains, il fit également appel à l’optique mathématique, notamment à l’optique euclidienne. Cependant, en dépit d’efforts remarquables pour intégrer anatomie, physiologie et mathématiques dans une unique théorie cohérente de la vision, une analyse plus attentive montre que son explication de la vision n’est pas exempte de lacunes non négligeables, de difficultés non résolues et de tensions internes.Vision enjoys a privileged methodological and epistemological position in the works of Galen of Pergamon, and he therefore made repeated attempts to explain how vision works. In part through his dissections and vivisections of a variety of non‑human animals, he developed a detailed knowledge of the anatomy of the eye, of the optic nerve, of the brain, of the oculomotor muscles, and of the cerebral and ocular arteries and veins. He deftly used this impressive anatomical knowledge to construct an elaborate physiological account of vision. In addition, he drew on mathematical optics, notably on Euclidian optics, in order to explain how and what human beings see. Despite his remarkable efforts to unite anatomical, physiological and mathematical strands within a single coherent theory of vision, however, a closer analysis shows that his account is not free of significant explanatory lacunae, unresolved puzzles, and internal tensions

An evaluation of the effectiveness of area-based conservation interventions in avoiding biodiversity loss in South Africa

Counterfactual impact evaluation studies form an important evidence base for the effectiveness of conservation projects, programs, and policies (collectively referred to as conservation interventions). In South Africa, counterfactual impact evaluation methods have rarely been applied to local conservation interventions, and therefore evidence for the effectiveness of key strategic national conservation approaches is lacking. This study evaluated three area-based interventions that together aim to avoid the loss of areas most important for the persistence of biodiversity in the terrestrial realm as evidence towards the effectiveness of South Africa’s landscape approach to biodiversity conservation. The first intervention, South Africa’s National Protected Area Expansion Strategy (NPAES), set ambitious targets to double the extent of South Africa’s protected area network while ensuring that the expansion preferentially occurs in areas of under-represented biodiversity. The strategy was evaluated in terms of its effectiveness in guiding protected area expansion towards more equitable representation of South Africa’s biodiversity through an assessment of changes in indicators of protected area expansion decision-making before and after the implementation of the strategy. The second intervention is the use of maps of biodiversity priorities to guide land use change decisions outside protected areas. Impact was evaluated as avoided loss of Critical Biodiversity Areas (CBAs), which need to remain in a natural condition to meet in situ conservation targets for species, ecosystems, and ecological processes. Avoided loss in CBAs was benchmarked against avoided loss in protected areas, to contextualize the effectiveness of land use planning as a conservation intervention. Lastly, the effectiveness of stricter land use regulations for threatened ecosystems to reduce land conversion pressure on these ecosystems was evaluated. Key findings were that protected areas are highly effective conservation interventions where they can be implemented, but their capacity for conservation impact is limited by severe constraints on strategic expansion.Thesis (PhD) -- Faculty of Science, School of Environmental Sciences, 202

An evaluation of the effectiveness of area-based conservation interventions in avoiding biodiversity loss in South Africa

Counterfactual impact evaluation studies form an important evidence base for the effectiveness of conservation projects, programs, and policies (collectively referred to as conservation interventions). In South Africa, counterfactual impact evaluation methods have rarely been applied to local conservation interventions, and therefore evidence for the effectiveness of key strategic national conservation approaches is lacking. This study evaluated three area-based interventions that together aim to avoid the loss of areas most important for the persistence of biodiversity in the terrestrial realm as evidence towards the effectiveness of South Africa’s landscape approach to biodiversity conservation. The first intervention, South Africa’s National Protected Area Expansion Strategy (NPAES), set ambitious targets to double the extent of South Africa’s protected area network while ensuring that the expansion preferentially occurs in areas of under-represented biodiversity. The strategy was evaluated in terms of its effectiveness in guiding protected area expansion towards more equitable representation of South Africa’s biodiversity through an assessment of changes in indicators of protected area expansion decision-making before and after the implementation of the strategy. The second intervention is the use of maps of biodiversity priorities to guide land use change decisions outside protected areas. Impact was evaluated as avoided loss of Critical Biodiversity Areas (CBAs), which need to remain in a natural condition to meet in situ conservation targets for species, ecosystems, and ecological processes. Avoided loss in CBAs was benchmarked against avoided loss in protected areas, to contextualize the effectiveness of land use planning as a conservation intervention. Lastly, the effectiveness of stricter land use regulations for threatened ecosystems to reduce land conversion pressure on these ecosystems was evaluated. Key findings were that protected areas are highly effective conservation interventions where they can be implemented, but their capacity for conservation impact is limited by severe constraints on strategic expansion.Thesis (PhD) -- Faculty of Science, School of Environmental Sciences, 202