A Contractual Approach to Investor-State Regulatory Disputes

International investment arbitral tribunals are increasingly tasked with resolving regulatory disputes. This relatively new form of dispute involves a challenge by a foreign investor to a host state’s generally applicable regulation, enacted in good faith to promote the public interest but resulting incidentally in harm to the investor’s business. Such claims typically invoke the “fair and equitable treatment” standard provided for in the bilateral investment treaty between the host state and the investor’s home state. The dominant view among commentators, and increasingly among the tribunals themselves, is that regulatory disputes should be analyzed within a public law framework, using tools derived from constitutional or administrative law. That means, for example, balancing the investor’s rights and host state’s regulatory concerns as part of a proportionality analysis. I argue that the public law approach is flawed because it requires tribunals to weigh incommensurable values and ultimately to make policy judgments when they lack the expertise and legitimacy to do so. This Article proposes that tribunals instead draw on tools from contract law and theory to approximate what the contracting states intended when they agreed to a fair and equitable treatment standard. The investment treaties themselves give no guidance on how that standard should be applied to regulatory disputes. When courts confront similar gaps in contracts, they do not simply abandon the inquiry into the parties’ intent but instead apply additional tools or principles to form the best possible estimate. The Article explores three specific tools: a default rule approach and two default standards derived from contract law’s analysis of changed circumstances. More generally, I argue that a contractual approach, by focusing tribunals on the contracting states’ intent rather than requiring them to independently assess the substance of a host state’s policy, will facilitate more principled reasoning as well as enhance the tribunals’ legitimacy, and thereby better promote the goals of international investment in the long run

Spectroscopy and Reactivity of a Photogenerated Tryptophan Radical in a Structurally Defined Protein Environment

Near-UV irradiation of structurally characterized [Re(I)(CO)_3(1,10-phenanthroline)(Q107H)](W48F/Y72F/H83Q/Y108W)AzM(II) [Az = Pseudomonas aeruginosa azurin, M = Cu, Zn]/[Co(NH_3)_5Cl]Cl_2 produces a tryptophan radical (W108•) with unprecedented kinetic stability. After rapid formation (k = 2.8 × 10^6 s^(-1)), the radical persists for more than 5 h at room temperature in the folded ReAzM(II) structure. The absorption spectrum of ReAz(W108•)M(II) exhibits maxima at 512 and 536 nm. Oxidation of K_4[Mo(CN)_8] by ReAz(W108•)Zn(II) places the W108•/W108 reduction potential in the protein above 0.8 V vs NHE

X-ray Magnetic Circular Dichroism of Pseudomonas aeruginosa Nickel(II) Azurin

We show that X-ray magnetic circular dichroism (XMCD) can be employed to probe the oxidation states and other electronic structural features of nickel active sites in proteins. As a calibration standard, we have measured XMCD and X-ray absorption (XAS) spectra for the nickel(II) derivative of Pseudomonas aeruginosa azurin (NiAz). Our analysis of these spectra confirms that the electronic ground state of NiAz is high-spin (S = 1); we also find that the L3-centroid energy is 853.1(1) eV, the branching ratio is 0.722(4), and the magnetic moment is 1.9(4) μ_B. Density functional theory (DFT) calculations on model NiAz structures establish that orbitals 3d_x^2-y^2 and 3d_z^2 are the two valence holes in the high-spin Ni(II) ground state, and in accord with the experimentally determined orbital magnetic moment, the DFT results also demonstrate that both holes are highly delocalized, with 3d_x^2_(-y)^2 having much greater ligand character

Electron tunneling in rhenium-modified Pseudomonas aeruginosa azurins

Laser flash-quench methods have been used to generate tyrosine and tryptophan radicals in structurally characterized rhenium-modified Pseudomonas aeruginosa azurins. Cu(I) to “Re(II)” electron tunneling in Re(H107) azurin occurs in the microsecond range. This reaction is much faster than that studied previously for Cu(I) to Ru(III) tunneling in Ru(H107) azurin, suggesting that a multistep (“hopping”) mechanism might be involved. Although a Y108 radical can be generated by flash-quenching a Re(H107)M(II) (M=Cu, Zn) protein, the evidence suggests that it is not an active intermediate in the enhanced Cu(I) oxidation. Rather, the likely explanation is rapid conversion of Re(II)(H107) to deprotonated Re(I)(H107 radical), followed by electron tunneling from Cu(I) to the hole in the imidazole ligand

Volunteering for Development within the New Ecosystem of International Development

This article explores the ways in which volunteering for development is changing in the context of the shifting wider ecology of international development. It draws on a two?year, action research project into the value of volunteering undertaken by volunteer researchers in Kenya, Mozambique, Nepal and the Philippines. The article frames this research and the articles in this IDS Bulletin in the key debates – past, current and emerging – around the role, identity and value of volunteers in development processes. It identifies critical characteristics of effective volunteering for development as: the insider–outsider relationship; participatory processes, long?term programming; and a sustained focus on the poorest and most marginalised. The authors draw attention to the relevance of volunteering to achieving the Sustainable Development Goals (SDGs), and call for better understanding of indigenous informal volunteering and how ‘outsider’ volunteers can support it

Properties of Photogenerated Tryptophan and Tyrosyl Radicals in Structurally Characterized Proteins Containing Rhenium(I) Tricarbonyl Diimines

Aromatic amino acid radicals are key intermediates in nucleic acid biosynthesis, DNA repair, dioxygen reduction by cytochrome oxidase, water oxidation by PSII, as well as other biological procesess. In our work on electron tunneling in proteins, we have developed laser flash/quench methods that potentially could facilitate the study of such highly reactive radicals. To test our methods, we are investigating two structurally characterized proteins, [Re(CO)_3(L)(H83)]^+AzM^(2+) and [Re(CO)_3(L)(H107)]^+AzM^(2+) (L ) 1,10-phenanthroline (phen) or 4,7-Me_2phen; Az ) Pseudomonas aeruginosa azurin; M ) Cu or Zn). Of special interest is that calculations and experiments on the H107 protein show that Cu^+ oxidation via electron transfer (ET) through an intervening tyrosine (Cu^+ → Y108^(./) → Re(2+)) is over 2 orders of magnitude faster than optimized (Cu^+ → Re^(2+)) electron tunneling

The use of simulation to prepare and improve responses to infectious disease outbreaks like COVID-19: practical tips and resources from Norway, Denmark, and the UK.

In this paper, we describe the potential of simulation to improve hospital responses to the COVID-19 crisis. We provide tools which can be used to analyse the current needs of the situation, explain how simulation can help to improve responses to the crisis, what the key issues are with integrating simulation into organisations, and what to focus on when conducting simulations. We provide an overview of helpful resources and a collection of scenarios and support for centre-based and in situ simulations

Effets de la stimulation du TLR9 sur le développement et l’aggravation des lésions rénales dans le modèle hα1 de néphropathie à IgA

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