bluuebunny/crossref_metadata_2025 huggingface dataset:
The improvement of field-oriented control performance for double stator IPMSM based on NFC powered by dual photovoltaic solar panels
Authors: Benaissa Rabie , Mansouri Smail , Ali Omar Oueled
Published: July 2024

This paper presents a proposed method Neuro Fuzzy Control (NFC)-Field Oriente Control (FOC)-Space Vector Modulation (SVM) using IP controller for a five-level NPC inverter-Double Stator Interior Permanent Magnet Synchronous Motor (DSIPMSM) supplied by two photovoltaic solar panels Maximum Power Point Tracking (MPPT) Fuzzy Sliding Mode Control (FSMC). The torque generated and the magnetic flux of the DSIPMSM may be independently controlled thanks to FOC, while IP controllers are used to minimize dq axis current errors to zero. A boost converter is made up of an inductor, a capacitor, and a separate input-output connection. A MPPT approach based on the FSMC algorithm is used to extract the maximum amount of energy from the solar panel while controlling the inverter duty cycle. The NFC tool is an extremely potent instrument that bridges the gaps created by the fuzzy logic controller. The proposed method’s worth was demonstrated by the simulation results in terms of durability, decoupling between the d-q axis, and dynamic performance.
Soluções baseadas na natureza para o esgotamento sanitário: vantagens da implementação de sistemas individuais descentralizados em zonas rurais, favelas e comunidades urbanas
Authors: Vieira José Moacir de Sousa , Villanova Luana Braz , Valério Filho Mário , Mendes Rodolfo Moreda , Gomes Cilene
Published: July 2024

Há uma crescente lacuna nos serviços de saneamento básico no Brasil, acentuando a notável desiguldade de acesso a esses serviços, especialmente em territórios menos favorecidos. Segundo o Censo Demográfico de 2022, quase 50 milhões de brasileiros vivem em domicílios que utilizam recursos precários de esgotamento sanitário. As Soluções Baseadas na Natureza (SBN) se apresentam como uma forma de interferir no esgotamento sanitário em zonas rurais, favelas e comunidades urbanas, já que emprega processos naturais para resolver problemas para os quais as soluções tradicionais se apresentam inviáveis. Este estudo tem como objetivo apresentar 16 sistemas individuais descentralizados de esgotamento como alternativas para contribuir em solucionar a falta de saneamento básico e mostrar as vantagens da implementação dessas SBN para o esgotamento sanitário em zonas rurais, favelas e comunidades urbanas. Tais soluções podem atender às necessidades de saneamento de forma sustentável, utilizando processos naturais e recursos tecnológicos locais, ao mesmo tempo que respeitam os ciclos ecológicos e promovem benefícios ambientais, sociais e econômicos. Adotamos uma abordagem de Análise Crítica, fundamentada em uma revisão bibliográfica de obras e pesquisas relacionadas ao campo de estudo. Funasa (2015), Tonetti et al. (2018) e Vieira (2020) apresentam as SBN com soluções individuais e descentralizadas de esgotamento. Esse enfoque permite verificar padrões, benefícios e limitações dessas soluções. Este trabalho contribui para a compreensão da relevância dessas alternativas na promoção da saúde, na mitigação das desigualdades sociais e no saneamento de forma sustentável.
Een atypisch beloop op de geheugenpolikiniek
Authors: Diekhuis Marjolein , Hempenius Liesbeth , Minneboo Arjan , Verwey Niek
Published: July 2024

Memory problems are common in older patients. Sometimes patients are referred to a memory clinic for further analysis. Memory problems are often caused by neurodegenerative conditions. A characteristic feature of dementia is a slowly progressive course. When the clinical course is different than expected, one must be aware of less common conditions. This case report is an example.
Slimmer én samen op weg naar toekomstbestendige geriatrische revalidatie
Authors: Holstege Marije
Published: July 2024

One in three older people do not recover sufficiently after being admitted to the hospital. There are many opportunities to shape geriatric rehabilitation more smartly with innovative interventions. This is necessary due to the increasing aging population, urgent staff shortages, and the desire to keep elderly people living independently at home for longer. Geriatric rehabilitation must therefore be designed smarter, including through innovative interventions. During the inaugural lecture on March 7th, an explanation was given about the research line belonging to the endowed professorship in applied sciences in Geriatric Rehabilitation established by Omring at Inholland. Its title is "Smarter and together on the way to future-proof care."
On the Assessment Restricted Liu Estimator for Dealing with Multi-Collinearity Problem
Authors: Noor Noor ,   Baghdad University, College of Science, Baghdad, Iraq
Published: July 2024

In this paper, we concentrate on comparing the restricted least squares with restricted Liu estimator based on (MSE) criterion in the existence of multi-collinearity. In addition, we find the best estimation in many different cases with some related numerical examples.
Practice and Research on Blockchain Technology Empowering Digital Art Economy
Authors: Yang Lingjian , Bai Xiatong
Published: July 2024

Blockchain technology, with its characteristics of decentralization, security, transparency, and traceability, brings new opportunities and challenges to the development of the digital economy and the digital art economy. Based on existing literature research, this paper deeply analyzes the core concepts and working principles of blockchain technology and explains its dual role in the digital economy and digital art economy from a theoretical perspective. On this basis, this paper conducts an empirical study on the application of blockchain technology in the digital economy and digital art economy through typical cases and explores future development trends of blockchain technology in this field.
Reshaping Financial Experience: An Optimization Strategy Study on Short Video in the Promotion of Digital Financial Products
Authors: An Xujie
Published: July 2024

In the increasingly competitive field of digital finance, financial institutions can better establish connections with target customer groups through carefully designed short video promotions. This study explores the role and optimization path of short videos in promoting digital financial products from the perspective of short videos. By analyzing the user behavior and interaction patterns of short video platforms, combined with the characteristics of digital financial products, targeted promotion strategies have been proposed. These strategies can not only help financial institutions more effectively reach potential customers, but also enhance user engagement and loyalty.
Insights into Factors Impacting On Non-Communicable Diseases in the Prisons of Pakistan- A Scoping Review
Authors: Shahzad Tuba , Plugge Emma , Van Hout Marie Claire
Published: July 2024

Non-Communicable Diseases (NCDs) continue to increase globally, including where recorded among prison populations. Pakistan, like many low- and middle-income countries is facing significant health system challenges. Little is known about NCDs in its prison population. A scoping review mapped and described what is known about factors impacting on NCDs in the prison population of Pakistan. Objective: To describe factors impacting Non-Communicable Diseases (NCDs) in the prison population of Pakistan and to inform policy and improve prison conditions, nutrition, and healthcare for effective NCD management and care. Methods: A comprehensive search was conducted on Web of Science, PubMed and EMBASE, restricted to publications from 2000 to 2023. Eight studies fulfilled the eligibility criteria. Records were independently screened, charted and content analysis was undertaken. Results: Six themes were generated; Nutritional and dietary provisions, Physical activity and body mass index; Substance use and dependence; Hypertension and diabetes; Access to medical care and Mental health. Prior and detention related risk and lifestyle factors underpin the chronic ill health of people living in prison. These include prior history of smoking and alcohol use, and situational aspects of prison conditions causing environmental stress, malnutrition and sedentarism. Where reported, hypertension, obesity and depression were high among people in prison. Conclusions: Prisons are fundamental to the domestic NCD response. Prisons in Pakistan require dedicated resourcing to improve basic conditions, nutrition and healthcare allocations for all people living in prisons. The review highlights the need for prison-based NCD screening, diagnosis, treatment and care in Pakistan, in close alliance with specialist care in hospitals. Further health research is warranted to examine the effectiveness of NCD policies and practices in place in contemporary prison systems in Pakistan.
Aquidauana-MS: Planejamento urbano, moradia e periferia
Authors: Luiz de Carvalho André
Published: July 2024

Os altos índices alcançados pelo processo de urbanização no Brasil nas últimas décadas vêm mostrando a consolidação da presença de cidades e o crescimento de sua importância nas diferentes regiões do país. Localizado na porção centro-oeste do estado de Mato Grosso do Sul, centro-oeste do Brasil, o município de Aquidauana destaca-se por comandar uma rede, que inclui os municípios de Anastácio, Miranda e Dois Irmãos do Buriti. O objeto de estudo desse trabalho foi a intensificação do padrão periférico de uso e ocupação na área urbana de Aquidauana, resultante das decisões da ação planejadora do poder público. O objetivo foi discutir o planejamento a partir da reprodução do espaço urbano de Aquidauana marcado pelo aumento da pobreza, aprofundando a crise da e na cidade. A metodologia empregada foi a revisão bibliográfica, a consulta e organização de dados estatísticos e a aplicação de questionários. A pesquisa concluiu que a “racionalidade” planejadora contribuiu para intensificar o crescimento da periferia na área urbana de Aquidauana intensificando a fragmentação/segmentação desse espaço.
criação do "Vale do Jequitinhonha"
Authors: Lopes de Souza Lauanda , Faé Stocco Aline , Weber Sulzbacher Aline
Published: July 2024

Com base em uma pesquisa bibliográfica e documental, o artigo visa analisar o processo de formação da bacia hidrográfica do rio Jequitinhonha, desde os primórdios de sua ocupação, em perspectiva histórica. Apresentando assim as diferentes visões que a bacia passa a incorporar, até seu processo de regionalização que ocorre em meados do século XX após intervenções estatais. Evidenciando assim um debate sobre a criação e emergência do termo “Vale do Jequitinhonha”, com intuito de apontar os atores sociais e políticos responsáveis pela produção social dessa localidade e os diferentes interesses envolvidos nesse processo.
Editorial for Metaverse (Volume 5, Issue 1)
Authors: Yang Kaixiang
Published: July 2024

Welcome to the latest issue of Metaverse, where we explore the intersection of technology, art, and society in this rapidly evolving digital landscape. This issue delves into diverse aspects of the metaverse, from the integration of AI in creative processes to advancements in autonomous vehicle localization, and blockchain-based cybersecurity in mobile commerce.
Allocation law and democratic rule of law
Authors:   , Robbe Tim Henricus Gabriël
Published: July 2024

This thesis addresses the following research question: how does the obligation for governments to provide for the opportunity to compete for limited rights relate to democratic and legal values in a democratic rule of law? To answer this research question, three sub-questions have been formulated and addressed:
– How does the legal framework for the obligation to provide for the opportunity to compete for limited rights relate to the political decision- making space that, as a democratic instrument, shapes democratic values (Chapter Four)?
– How does the jurisprudence shaping the obligation to provide for the opportunity to compete for limited rights as a legal instrument relate to democratic values (Chapter Five)?
– How can any limitation of democratic values be justified by legal values shaped by the obligation to provide for the opportunity to compete for limited rights (Chapter Six)?
The theoretical framework and the methodology used to address the sub-questions and ultimately the research question is outlined in Chapter 2 and Chapter 3, respectively.

Ultimately, by answering the three subquestions, the research question can be answered. The answer is that the obligation to provide for the opportunity to compete for limited rights limits the democratic values of sovereignty and participation, as pursued by a democratic rule of law, and legal values only partly justify this limitation.

In the case of legislation, the limitation is justified by the legal value of legal certainty, as also pursued by the democratic rule of law. A sovereign people that binds itself through legislation enacted by a democratically elected legislature to the obligation to provide for competitive opportunities when allocating limited rights must comply with this obligation, even if it limits the political decision- making space (and hence democratic values).

In the case of judicial law-making, however, this limitation is not justified. Not by the legal value of legal certainty, nor by the other two legal values pursued by a democratic rule of law: liberty and equality. Judicial law-making must fit into the legal system and/or align with societal consensus to legitimize the limitation of the political decision-making space and hence democratic values. The judicial law-making studied in this thesis does not meet this standard. Therefore, if the obligation stems from this judicial law-making, it currently has an issue with legitimacy.

However, despite the (partial) issues with legitimacy, the obligation to provide for competitive opportunities is not invalid. The obligation is not extremely unjust in a way that violates classical or social rights. In fact, the obligation seems to facilitate these rights. This does not mean that the application of the obligation cannot lead to extreme injustices where governments may be unable to adequately intervene, paradoxically, due to that obligation.
Art and Organization in the 21st Century
Authors:   , Chwatal Christoph
Published: July 2024

In the aftermath of the popular movements of the past decade, political theorists have paid renewed attention to the question of how to transform the powerful yet transient coming together of people in public assemblies into sustainable forms of organization. A similar reconfiguration has taken place within contemporary art discourses. Here we can see a shift in focus from interventionism and the tactical to a broader interest in practices driven by longer-term, strategic-organizational approaches.

Practices in the strategic-organizational complex of contemporary art conceptualize and initiate, negotiate for, and sustain organizational forms, habitually involving varying degrees of fiction. This complex encompasses a diversity of manifestations. We can start with practices located around archives, as exemplified by the work of Walid Raad, nongovernmental organizations as explored by Khalil Rabah, museums reimagined as artworks in the practice of Not An Alternative, artistic research agencies like Forensic Architecture, learning platforms such as The Silent University, local cooperatives co-initiated by Jeanne van Heeswijk, and ersatz parliaments as envisioned by Jonas Staal, among others. While situating these practices within the broader art historical discourses from the 1960s to 1990s, this dissertation takes its cues from political theories of organization as put forth by scholars such as Judith Butler, Jodi Dean, Michael Hardt and Antonio Negri, Geert Lovink and Ned Rossiter, and Rodrigo Nunes.

Conceptualizing organization as a “shared worksite” in line with the insights of Nunes, this inquiry challenges the notion that the development of complementary organizational forms is confined to socially engaged art, where organizing and sustainability are commonly emphasized. Instead, the strategic-organizational complex outlined in this dissertation extends its reach to critical-archival practice, research-based art, and institutional critique. The argument in this dissertation is that the discussed practices are indicative of a critique of short-term “project work.” They instead reflect an increasingly pronounced inclination towards longer-term strategic collaborations involving actors from diverse social and political spheres. The dissertation explores the implications of a temporal shift from short-term to long-term, an operational transformation from tactics to strategy, and a functional transition from project to organization. This serves as a springboard for a discussion on aesthetic, epistemic, and political dimensions of contemporary art.
ETC Press: Two Decades of Transatlantic Collaboration
Authors: Lollis Cynthia
Published: July 2024

ETC Press is an international collaboration between two women: Daniela Deeg (Germany) and Cynthia Lollis (USA). We make prints and artists’ books, often travelling together to gather images and absorb the character of countries other than our own, where we are outsiders together. Our books combine text with drawings and photographs made from our travels to places like Venice, Rome, New York, Copenhagen, Vienna, and London. We have also created pieces comparing our two countries, languages, and backgrounds. Our paper will recount a variety of themes, challenges, and methods of production that we have embraced while working together for two decades as ETC Press.
Print, Body, and Memory
Authors: Hambsch Oliver
Published: July 2024

When I started my Master of Fine Arts degree in 2020, I was interested in how the way memory is perceived and experienced can be expressed through printmaking, both in method and in content. Two months into my studies, South Africa entered a hard lockdown, and universities were closed due to the COVID-19 pandemic. I lost access to my studio and had to pivot from my usual practice – which required the use of presses, darkrooms, and solvents – to one that could easily be undertaken in a small apartment. I shifted to creating detailed linocuts, which eventually culminated in the production of several large woodcuts in 2021. The production and printing of woodcuts of that size required an unexpected degree of physical engagement. Due to the size of the blocks, I was unable to visually resolve the image I was working on. Touch and frottage became the only way for me to ‘see’ the image I was working on. The haptic engagement with the woodblocks, both in terms of production and perception, inspired the creation of a large-scale installation consisting of 150 graphite rubbings taken from the block, which were exhibited together with the prints and the woodblocks. My heightened awareness of my physical body during the production of the blocks, the subsequent labour of hand printing, and the creation of the frottage installation led me to reconsider my theoretical approach to memory and incorporate its material and physiological aspects into my work.
Olhava as Seen from the Map of Volkhov
Authors: Koivisto Outi
Published: July 2024

The starting point for my artistic research doctoral dissertation is to examine place through common names and how language is, through names, a part of a space. In the municipality of Ii (Finland), there is a village called Olhava. The town of Volkhov in Russia is also called Olhava in Finnish. For my research, I worked in the surroundings of Olhava (Ii, Finland) by using a map of Volkhov (Olhava, Russia), collecting data, and creating an installation based on these data. Nonsense theories and the psychogeography methods of International Situationists play a central role in this work.
Touching Visions
Authors: Areskog Jones Caroline
Published: July 2024

Throughout the enforced stasis of lockdowns and without studio access, I began thinking about the process of “epistemological gathering”, a term outlined by artist Nanna Debois Buhl, asking myself how it may be possible to use the air to make a series of works with a lightness of touch entitled ‘Touching Visions: Speculative Imaginaries’. In parallel, and along a line of singularity expected of a rhizomatic practice, this body of work partially evolved as a written response to a question posed by the Venti journal “How to Feel the Air”, since published online. The progressive evolution of some of these ideas is presented in this reflective paper. 
Amongst the recent chaos within moments of stillness, stepping outside into the air presented an opportunity to reflect upon an ecology of practice that overlaps elements of drawing, printing, and moving images through a process of exploring materials. Throughout this extraordinary time, whilst caring for family, I observed more closely the details of what I saw more expansively through joining a variety of online seminars across a range of subjects including a discussion on democracy and a reading group focussed on the politics of care.
Termómetros - Visual Registration of Nature and its Changes
Authors: Topete Camacho Elba Ireri
Published: July 2024

The following document presents the results of the research-creation project THERMOMETERS, Visual registration of nature and its changes, which consists of exploring various possibilities of fusion and technical variations of engraving and drawing to produce artists’ books, as an alternative to contemporary graphic prints. The project consisted of the creation of three series of artists’ books in concertina, polyptych, and expandable formats. The thematic axis was the visual record of nature and its changes throughout the period covered by the project.
The Aftermath of the Hague District Court Judgment: Are the Yukos Shareholders Now Shut Out from Enforcing the ECT Awards through the English Courts?
Authors: Dzhazoyan Egishe , Burnham Benjamin
Published: July 2024

Following the recent judgment of the Hague District Court setting aside six Energy Charter Treaty (ECT) awards rendered against Russia in favour of the former Yukos shareholders, this article explores the potential effect of the Dutch judgment on enforcement of the underlying awards in England and Wales. English courts have consistently held that they are not bound by the setting aside of awards by the courts of the seat of arbitration. Nonetheless, recent cases demonstrate a trend that such discretion will be exercised sparingly, in accordance with the usual standards of English law applicable to the recognition and enforcement of foreign judgments. Further, in appropriate circumstances, the doctrine of issue estoppel may apply in enforcement actions before the English courts. It is, as yet, uncertain whether the fact that the awards arose under treaty will have any effect on the treatment by the English courts of the Dutch judgment.
The Use of Online Dispute Resolution in the Realm of Investment Arbitration in the European Union
Authors: (Huang Ying) Irene Ng , Benedetti del Rio Valeria
Published: July 2024

Online Dispute Resolution (ODR) is a type of dispute resolution that allows parties to resolve their disputes using an online platform. The popularity of ODR has been steadily growing due to its ability to provide dispute resolution services over the Internet, which generally translates to resolving disputes at a lower cost and greater convenience. While ODR has been used to handle small and voluminous claims, how effective is ODR in larger and more complex arbitral claims, such as that in investment arbitration? With the European Union (EU) recently launching its own ODR platform in February 2016, and the forthcoming signing and ratification of several EU investment treaties, this article thus hopes to provide an analysis on the applicability of ODR in future EU investment arbitration.
Binding Committee Interpretations in the EU’S New Free Trade and Investment Agreements
Authors: Gáspár-Szilágyi Szilárd
Published: July 2024

The European Union’s new Free Trade and Investment Agreements are meant to tackle many of the issues that led to the contestation of international investment law by increasing the control of the contracting parties over the agreements. One such mechanism is allowing the contracting parties via treaty committees to adopt interpretations of the agreements that are binding on arbitral tribunals and domestic authorities. After a brief historical overview of the way in which this mechanism found its way into the European Union’s Free Trade and Investment Agreements, this article discusses four main issues: (a) the meaning of ‘serious concerns’ regarding the interpretation of investment provisions; (b) the binding nature of committee interpretations from the perspective of arbitral tribunals and the Court of Justice of the European Union; (c) the temporal application of committee interpretations; and (d) their practical operation. As a conclusion, several recommendations are provided that are meant to improve the current ‘binding interpretations’ clauses, before they become model clauses used in future Free Trade and Investment Agreements.
Churchill Mining Plc and Planet Mining Pty Ltd v Republic of Indonesia, ICSID Case No. ARB/12/14 and 12/40, Award, 6 December 2016
Authors: Le Moullec Caroline
Published: July 2024

In a recent ICSID decision dated 6 December 2016 the tribunal took a novel approach to dealing with the impact of fraud when considering investor claims under a bilateral investment treaty (BIT). The tribunal found that the entire investment was “tainted” by the fraud and therefore the arbitration should never have been brought. This was in spite of the fact that there was no evidence of wrongdoing on the part of the investor and regardless of the merits of the claims. In this case, the tribunal dismissed claims against Indonesia brought by two investors over a dispute relating to the revocation of mining licenses held by a local partner for the exploitation of a large undeveloped coal reserve. The tribunal found that a total of 34 disputed documents submitted by the claimants as evidence of their investment were forged. Although the evidence available suggested that responsibility for the forgeries lay with the claimants’ local business partner, the tribunal found that the fraud affected the whole of the claimants’ investment. Relying on the general principle of good faith and the prohibition of abuse of process in international law, the tribunal found that the claimants could not benefit from bit protection and dismissed the claims. The claimants were ordered to pay all the costs of the arbitration, as well as seventy-five per cent of the respondent’s costs. The potential impact of this decision is wide ranging and highlights the importance of investors and their advisors carrying out proper due diligence and ensuring that all elements of an investment, including the conduct of other parties and stakeholders, are held to high standards. There is otherwise a real risk that an investor could lose the protection of a bit without itself having engaged in any wrongdoing.
Ioan Micula, Viorel Micula, S.C. European Food S.A, S.C. Starmill S.R.L. and S.C. Multipack S.R.L. v. Romania, ICSID Case No. ARB/05/20, Final Award, 11 December 2013
Authors: Ilie Lucian , Seow Amy
Published: July 2024

The Micula brothers, Ioan and Viorel, together with three companies that they control, brought ICSID proceedings against Romania in July 2005. An ICSID Tribunal rendered its final decision on 11 December 2013, granting the claimants damages of RON 376,433,229 (equivalent to us$116 million) plus interest accruing until full satisfaction of the Award. The claimants have to date brought at least six sets of enforcement proceedings against Romania all over the world, none of which have yet reached fruitful final conclusion. The conflict between the EU legal order and the ICSID regime, as to the enforcement of awards, has manifested itself in the six different sets of enforcement proceedings. The aim of this case note is to provide an overview of the competition law dimension to the ICSID proceedings in the Micula case. The European Commission’s involvement in the Micula case, including its decision prohibiting Romania from fulfilling the ICSID award and the Commission’s intervention in the ICSID and subsequent enforcement proceedings is also examined. This case note concludes with the observation that The CJEU is due to issue a couple of decisions in the coming months, which could signpost the way for investors to enforce ICSID awards, when these involve the application of intra-EU BITs.
What Energy Union? – An Introduction
Authors: De Luca Anna , Trevisanut Seline
Published: July 2024

This introduction provides the background and an overview of the various articles of this focus section on the European Energy Union and some of the arbitration aspects. All articles have been based on presentations given at an international conference organized by the authors in May 2016 at Bocconi University in Milan.
The Role of the European Parliament in the Conclusion and Implementation of Free Trade Agreements – An Introduction
Authors: Baroncini Elisa , Trunk-Fedorova Marina , Stoll Peter-Tobias
Published: July 2024

This focus section brings together several articles that were presented at an international conference held at the European Parliament. The main focus of the various articles is to analyze various aspects of transparency with regard to the EU’S investment policy. This touches on the more general issue of the role of the European Parliament in the conclusion and implementation of Free Trade Agreements. In addition, also a comparative analysis between the US and the EU is presented in order to highlight the differences and commonalities of parliamentary control of Free Trade Agreements.
The European Parliament’s Oversight Powers over Trade and Investment Negotiations
Authors: Simões Fernando Dias
Published: July 2024

Transparency is essential to ensure the credibility and legitimacy of international trade and investment negotiations. Besides its external dimension (the access of the general public to information), in the European context there is also an internal dimension to the concept – referring to the exchange of information between different European institutions. Pursuant to the Treaty on the Functioning of the European Union, the European Parliament has the right to be regularly informed by the European Commission during the negotiation of any trade agreement. The exercise of this right is, however, constrained by the existence of rules concerning the creation and management of official secrets. These rules may obscure the Parliament’s understanding of relevant issues, thus limiting its ability to exercise democratic control. While the promotion of a high degree of transparency helps to strengthen democratic scrutiny, accountability and legitimacy of the European trade policy; it is also necessary to safeguard confidential or sensitive information and ensure productive, orderly negotiations, so as not to jeopardise the interests of the Union. This article argues that the regulatory framework currently in place strikes a proper balance between these diverging interests and enables the European Parliament to effectively perform its oversight powers.
Slovak Republic v. Achmea from a Public International Law Perspective: Is State Consent to Arbitrate Under Intra-EU BITs Still Valid?
Authors: Barausova Victoria
Published: July 2024

This essay is a contribution to the debate on the implications of the recent decision of the CJEU in Slovak Republic v. Achmea on investment arbitration under intra-EU BITs. This essay critically examines the implications that the findings of the CJEU may have on the validity of State consent to arbitrate under treaties as a matter of public international law. The CJEU concluded that there is an inconsistency (or a treaty conflict) between provisions of intra-EU bits containing an agreement to arbitrate and provisions of the TFEU. The resolution of such a treaty conflict in favour of the TFEU inevitably affects the validity of agreements to arbitrate contained in intra-EU BITs. This essay considers the public international law rules on treaty conflict, in particular, Article 30(3) of the VCLT, and concludes that this provision’s requirement that conflicting treaties must deal with the same subject matter, will become central in the analysis of any tribunal dealing with the issue in the future. This requirement may serve as a lifeline for investment arbitration in the aftermath of Slovak Republic v. Achmea. The essay also addresses the conflict provision of Article 351(1) of the TFEU to conclude that it is not applicable to the conflict with BITs, and would thus not affect the validity of the consent to arbitrate contained in intra-EU BITs.
Achmea: The End of Investment Arbitration as We Know It?
Authors: Bilanová Anna , Kudrna Jaroslav
Published: July 2024

The authors focus on the impact of the Achmea judgment on the current system of investment treaty arbitration. Particularly, the authors look at the impact on arbitration clauses in the intra-EU BITs and the ECT. The authors also consider the possible impact of the decision on investment arbitration clauses in investment contracts with the EU Member States, the future intra-EU investment court system, the EU Member States’ bits with third countries, the CETA investment court system and the multilateral investment court. Is the Achmea judgment the end of investment arbitration as we know it? The authors conclude that Achmea marks the end of one chapter in the history of investment treaty arbitration, specifically that of investment treaty arbitration based on intra-EU BITs. The authors argue that Achmea also marks the beginning of a new chapter in investment treaty arbitration. According to them, Achmea is an additional factor in the current legitimacy crisis of investment treaty arbitration, which forces both States and the arbitration community to look for new innovative solutions to replace or at least reform the current system.
The EU-Vietnam Investment Protection Agreement Investor-State Dispute Settlement Mechanism in Perspective
Authors: de Germiny Lorraine , Thang Nhu-Hoang Tran , Ba Trinh Duong
Published: July 2024

The EU-Vietnam Investment Protection Agreement (EVIPA) represented the culmination of three years of negotiations between the EU and Vietnam. Although it remains to be ratified, it promises to have an impact on the international investment treaty landscape. The treaty contains innovations ranging from its definition of the substantive protections afforded to foreign investors to its definition of ‘investments’ and ‘investors’ that may qualify for those protections, as well as the procedural modalities for the treatment of possible disputes. Its most distinctive trait, however, is its establishment of a semi-permanent adjudicatory body akin to an investment court in replacement of the arbitration model envisaged by the vast majority of investment treaties over the past several decades. Rather than attempt to reform, the EVIPA drafters have done tabula rasa and opted for revolution instead. The EVIPA’S envisaged method to select, appoint, and remunerate the members of that body – both at the first instance level and at the appellate level – represents an abrupt and profound abandonment of the traditional arbitration model so frequently and presently used in international disputes around the world. The EVIPA may thus present an opportunity to test an alternative dispute resolution system and thus to aid in determining the most effective and appropriate method to resolve the international investor-State disputes of the future.
Performance Requirements: Is there a Real Reason for their Prohibition?
Authors: Magomedova Olga
Published: July 2024

Recent international economic agreements between the EU and other non-EU states have included prohibitions on performance requirements (PRs). Although the provisions prohibiting such requirements typically specify the types of prohibited practices, the essence of PRs, and the reasons for their prohibition remain unclear. The recent concept of PRs has crept into the international legal framework seemingly without a firm theoretical foundation and without any roots in customary international law. It had initially been used in bilateral treaties as the broad term for designating certain policy tools which States were prepared to relinquish so as to promote a better investment regime. Noting the lack of a generally recognised definition of PRs, this article provides an overview of scholars’ opinions and adjudicators’ reasoning on this subject, highlighting certain significant differences in approach. Guided by various examples from arbitral practice and national legislation of selected countries, this article seeks to distil the inherent features of PRs and to rationalise the internationally-prevailing views on this subject. In summary, the article gives an assessment of the prohibition of PRs and considers the reasons for which States may seek to eliminate these types of measures.
Vattenfall in the Aftermath of Achmea: Between a Rock and a Hard Place?
Authors: Argyropoulou Venetia
Published: July 2024

On 6 March 2018, the Court of Justice of the European Union (CJEU) issued its judgment in the case between Slovakia v. Achmea BV (Case C-284/16). The CJEU ruled that the investor-state dispute settlement (ISDS) provisions in the Netherlands-Slovakia bilateral investment treaty are incompatible with the principle of autonomy of EU law. This addressed a highly controversial issue that has been lingering for years: whether bilateral investment treaties (BITs) concluded between EU Member States are compatible with EU law. The judgment has caused controversy amongst scholars and international practitioners, and its significance is undeniable. Yet, the judgment has led to many unanswered questions, including, inter alia, what EU law requires of arbitral tribunals in such cases, how the seat of the arbitration tribunal may affect the outcome of the above judgement and whether the outcome of the judgement is limited to intra-EU bits. This Article will reflect on these open issues and will endeavour to respond such issues by examining the application of the above ruling in the context of the case Vattenfall AB and others v. Federal Republic of Germany (II) (ICSID Case No. ARB/12/12) as well as other recent investment arbitration decisions.
CJEU Opinion 1/17: Keeping International Investment Law and EU Law Strictly Apart
Authors: Lavranos Nikos
Published: July 2024

With Opinion 1/17, the Court of Justice of the European Union (CJEU) approved the Investment Court System (ICS) contained in the Comprehensive Economic Trade Agreement (CETA) between the EU and Canada. This means that the EU can proceed with the ratification process of the investment protection part of CETA and the other free trade agreements it has concluded, and which contain a similar ICS. However, as the author illustrates, the approval of the ICS is conditioned by a complete isolation of EU law from international investment law. More specifically, the CJEU made clear that the CETA tribunals operate outside the EU legal order and have no power to interpret or apply EU law. At the same time, the CJEU highlighted the importance that the CETA Parties adopt supplemental rules for reducing the financial burden for access to the ICS for small and medium-sized enterprises (SMES). Additionally, the CJEU rejected the currently existing possibility that binding joint interpretations of the CETA Parties could have retroactive effect. In sum, the approval of the ICS by the CJEU enables the European Commission to continue to develop the multilateral investment court (MIC) within the UNCITRAL Working Group iii as long as it follows the blueprint of the CETA ICS.
Commission v. Hungary (Case C-235/17): Some Reassurance for Investors on the Substantive Protections for Expropriation under EU Law
Authors: Grégoire Matthieu
Published: July 2024

The question of the degree of overlap between the substantive provisions generally found in investment treaties and EU law was left unanswered by Case C-284/16 Slowakische Republik v. Achmea B.V. From a practical perspective, investors are left in doubt: assuming that they cannot rely on a dispute resolution clause such as that at issue in Achmea, does EU law offer substantially identical protection? The recent decision of Case C-235/17 Commission v. Hungary may go some way towards reassuring investors EU law may provide materially similar protections to some of the substantive protections ordinarily found in bits. This note (I) provides a summary of the views of the Commission (and respondent Member States) on the issue of the overlap between substantive protections generally found in investment treaties and EU law, (II) considers the Opinion of Advocate General Wathelet on the same issue and (III) considers the decision of Commission v. Hungary.
Comment on the Keynote Speech ‘The Path to a Multilateral Investment Court’
Authors: Gaffney John P.
Published: July 2024

This brief comment focuses on a point that Colin Brown does not expressly mention in his keynote, at least in the direct context of the proposed MIC. That is, the MIC’S compatibility with EU law. In this context the Opinion of Advocate General Bot regarding Opinion 1/17 on the compatibility of the investment court system (ICS) as contained in CETA is discussed.
Recalibrating the EU – International Arbitration Interface – 4th EFILA Annual Lecture 2018
Authors: Bermann George A.
Published: July 2024

It is no exaggeration to describe the relationship between the European Union and international arbitration as the most dramatic confrontation between two international legal regimes seen in a great many years. International law scholars commonly lament the ‘fragmentation’ of international law, i.e. the co-existence of multiple international legal regimes whose competences overlap and whose policies may differ, resulting in a degree of regulatory disorder. However, seldom do these regimes actually ‘collide’. By contrast, the two international regimes in which we are interested this evening – international arbitration and the European Union – may be described, without hyperbole, as on a collision course. Arguably, the collision has already occurred. The emergence of hostilities on this scale in recent years came about as something of a surprise to me. At Columbia and elsewhere, I have taught EU law and international arbitration law concurrently – in different courses, of course – for more decades than I care to count. Over that period, I have written and spoken about the EU and international arbitration as separate and distinct enterprises. Rarely did teaching, writing or speaking of one necessitate, or even prompt, discussion of the other.
Resolving Perceived Norm Conflict through Principles of Treaty Interpretation: The January 2019 EU Member States’ Declarations
Authors: J. Rowe Samantha , Goh Nelson
Published: July 2024

In January 2019, EU Member States issued three declarations concerning
the ‘consequences of Achmea’ which stated that all claims under
intra-EU BITs were contrary to the EU legal order, and that tribunals presiding
over such claims have no jurisdiction as there is no valid consent to
arbitrate. The declaration signed by a majority of EU Member States (‘Majority
Declaration’) extended this proposition to intra-EU claims under the Energy
Charter Treaty. Following this, a number of EU Member States have sought to
argue that the Majority Declaration is a subsequent agreement between the
States Parties to intra-EU investment treaties – or evidence of a subsequent
practice establishing their agreement – that the dispute resolution provisions
in those treaties must be interpreted to exclude intra-EU disputes from their
scope and thus from the jurisdiction of tribunals constituted thereunder,
relying on Article 31(3)(a) and (b) of the Vienna Convention on the Law of
Treaties (‘VCLT’). This paper considers: (i) the key cases in which the
Majority Declaration has been invoked to contest jurisdiction in, or seek the
termination of, intra-EU arbitration proceedings; (ii) the application of
Article 31(3)(a) and (b) of the VCLT; and (iii) other fundamental tenets and
rules of international law discussed in relation to those cases.
Legal Stability and Legitimate Expectations: Does International Investment Law Need a Sense of Proportion? (Joint 2nd Prize Winner of the Essay Competition 2020)
Authors: Bradshaw Robert
Published: July 2024

In the aftermath of the Achmea judgment and with the
European Commission’s continued efforts to curtail investor-State arbitration,
EU law and international investment law may seem antithetical. However, this
article considers how EU law may contribute to the development of investment
law through the concept of proportionality, a general principle of EU law and
various national legal systems. Tribunals have increasingly applied a
proportionality analysis in their reasoning, most recently in several cases
brought by renewable energy investors against Spain and Italy under the Energy
Charter Treaty. These cases concern the controversial issue of when a change in
the regulatory framework violates investors’ legitimate expectations and their
right to fair and equitable treatment. This article argues that the
proportionality standard has the potential to clarify this area of law and to
promote ‘defragmentation’ between international investment law and other legal
systems.
Theodoros Adamakopoulos and Others v. Republic of Cyprus, ICSID Case No ARB/15/49, Decision on Jurisdiction, 7 February 2020
Authors: McDonnell Bianca
Published: July 2024

This case note examines the findings of the Tribunal in the Decision on Jurisdiction
in Adamakopoulos v. Cyprus, focusing on Respondent’s objections
based on the alleged incompatibility of the BITs and the EU Treaties, and the
mass claim nature of the proceeding. The decision of the majority of the
Tribunal in dismissing the EU law objection adds to a body of investment
arbitration jurisprudence in which similar reasoning has been used to dismiss
comparable objections. However, the dissenting opinion of Marcelo Kohen is the
first time that an arbitrator, presented with an intra-EU investment
arbitration claim, has considered that the tribunal lacks jurisdiction on the
basis of the incompatibility between the relevant BITs and EU law.
Furthermore, Adamakopoulos is one of the few ‘mass claim’
arbitrations brought under the ICSID Rules. If it proceeds to the merits stage
as planned, it will provide an opportunity for the Tribunal to resolve
questions regarding the management of the procedure under the ICSID framework
with such a large group of claimants, whilst maintaining the right to be heard,
procedural equality and fairness.
Environmental Counterclaims in Investment Arbitration
Authors: Bilanová Anna
Published: July 2024

This article explores the possibility of environmental counterclaims in
the context of investment arbitration and arbitral rules, focusing in
particular on the UNCITRAL Arbitration Rules and ICSID Arbitration Rules.
States have only rarely raised counterclaims against investors in investment
arbitration. Yet, in disputes raising environmental issues, counterclaims could
prove useful to States to obtain compensation for environmental damage caused
by an investor’s economic activities. This article examines first the
procedural and legal requirements for raising counterclaims in investment
arbitration, including the provisions set out by the arbitral rules and
relevant case law. It then proceeds to consider recent cases in which States
have raised environmental counterclaims with varying degrees of success.
Finally, the article considers the conclusions to be drawn for policy making
and investment treaty negotiations.