The Role of Arbitral Tribunals in Determining the Scope of the Fair and Equitable Treatment Standard

Whether or not investor-State dispute settlement (“ISDS”) faces a “legitimacy crisis,” there is a “growing consensus” that it requires reform. The development of the fair and equitable treatment standard (“FET standard”) by arbitral tribunals been a salient factor in fomenting this consensus and is the subject of several reform proposals. A number of scholars, including Professors Sornarajah and Gus van Harten, claim the interpretative process undertaken by tribunals in relation to the FET standard has contributed to ISDS’ legitimacy crisis because it involves applying subjective notions of what adjudicators perceive to be desirable developments of the law. On the other hand, Professors Christoph Schreuer and Susan Franck opine that the FET standard is flexible by design because it permits a tribunal to adapt and apply written texts to changing realities and to engage in a “gap filling” function. Despite the discord between these positions, both share the premise that tribunals have been fundamental in elaborating the scope and content of the FET standard. The scholarship to date, however, provides an incomplete account of how tribunals have developed the FET standard. Without understanding this process, the capacity for reforms of the FET standard to effectively circumscribe tribunals’ interpretive discretion and enhance predictability and legal correctness will be constrained. To address this lacuna, I conducted a comprehensive empirical analysis of the evolution of the FET standard. Using data generated from this analysis, coupled with doctrinal reviews of ISDS jurisprudence, this paper discusses two key findings. First, it evaluates the extent to which the language adopted in FET clauses influences (i) the probability that FET claims will succeed and (ii) tribunals’ interpretive methodologies (Section III). It concludes, contrary to conventional wisdom, that the treaty language has exerted limited influence on both fronts. Second, it traces the evolution of stability and predictability as a component of fair and equitable treatment (Section IV). The origin of the purported obligation to afford investors a stable and predictable legal and business framework can be traced to a series of awards that relied on ambiguous preambular statements in United States bilateral investment treaties (BITs) to justify its development. In turn, the sub-standard has been reinforced by the profusion of Energy Charter Treaty cases since 2008, where there is arguably a more solid foundation for such an interpretation

Characterisation and correlation of areal surface texture with processing parameters and porosity of High Speed Sintered parts

High Speed Sintering is an advanced powder bed fusion polymer Additive Manufacturing technique aimed at economical production of end-use parts in series manufacture. Surface finish is thus of high importance to end users. This study investigates the surface topography of High Speed Sintered parts produced using a range of different energy-related process parameters including sinter speed, lamp power and ink grey level. Areal surface texture was measured using Focus Variation microscopy and the sample porosity was systematically examined by the X-ray Computed Tomography technique. Surface topography was further characterised by Scanning Electron Microscopy, following which the samples were subject to tensile testing. Results showed that areal surface texture is strongly correlated with porosity, which can be further linked with mechanical properties. Certain texture parameters i.e. arithmetic mean height Sa, root-mean-square Sq and maximum valley depth Sv were identified as good indicators that can be used to compare porosity and/or mechanical properties between different samples, as well as distinguish up-, down-skins and side surfaces. Sa, Sq and Sv for up- and down-skins were found to correlate with the above energy-related process parameters. It was also revealed that skewness Ssk and kurtosis Sku are related to sphere-like protrusions, sub-surface porosity and re-entrant features. Energy input is the fundamental reason that causes varying porosity levels and consequently different surface topographies and mechanical properties, with a 10.07 μm and a 30.21 % difference in Sa and porosity, respectively, between the ‘low’ and ‘high’ energy input

The Parliamentary Wife: Participant in the Two-Person Single Career’

The concept of the ‘two-person single career’ was introduced by Papanek (1973) to describe those occupations in which the wife is expected to participate in her husband's career, although her participation is neither directly acknowledged nor remunerated. Using data collected during interviews with Australian federal parliamentarians, this paper argues that, with minor differences, the occupation of the member of parliament exhibits the typical characteristics of the two-person career. The paper then examines the increasing tendency for some parliamentary wives to reject this role and argues that this, plus the fact that unmarried male members of the parliament and the ever increasing numbers of female parliamentarians function effectively without the backing of a parliamentary spouse, suggests that the parliamentary career, as indeed may be the case for similar careers mentioned by Papanek, is a two-person one by convention and convenience rather than of necessity

Building Drought Resilient Regions: Lessons from Central-Western Queensland

There are indications that grass-roots communities, Local, State and Australian governments are recognising the need for a framework to identify issues and solutions at a regional scale. Vulnerability theory has emerged globally as an approach to help build regional resilience, especially to climate variability and drought. Within central-western Queensland, on-going drought since 2012 has highlighted an above-average adaptive capacity, but high exposure to the impacts of drought. The economy depends on the financial success of grazing, which is directly coupled to a variable climate and high drought risk. A large proportion of the region’s town economies and population depends on the grazing industry, and shocks to the grazing economy lead to high socioeconomic impacts. The exposure and sensitivity to these shocks is far greater than in eastern Queensland which is more populous and has a more diversified economic base. Resilience can be enhanced or undermined through a range of actions, and is generally enhanced when external parties engage with local communities to determine their needs. Socioeconomic responses which build resilience include improved infrastructure, economic diversification, enhanced governance and strengthening human capital. Socioeconomic responses which undermine resilience include a loss of decision making power, excessive population change, and maladapted management systems. Determining vulnerability based on regional factors of: exposure (stress factors, exposed population, and socioeconomics); sensitivity (characterised by technology, socioeconomics and regional activities); and adaptive capacity (human capital, governance systems and livelihoods) is recommended as a useful framework to build resilience