bluuebunny/crossref_metadata_2025 huggingface dataset:
Vigas de concreto armado reforçadas com compósitos poliméricos vegetais: uma revisão sistemática da literatura
Authors: Francklin Henrique Machado , Moraes Matheus Henrique Morato de , Mattias Lucas Willian Aguiar , Santos Herisson Ferreira dos , Christoforo André Luis , Almeida Filho Fernando Menezes de
Published: July 2024

Polímeros Reforçados com Fibras Vegetais (VFRP) tem sido utilizado no reforço de estruturas de concreto armado. A utilização de fibras vegetais como reforço estrutural impulsionaram os pesquisadores a desenvolver materiais de FRP mais ecologicamente corretos em substituição aos laminados de carbono (CFRP) devido a conscientização global sobre as necessidades de proteção ambiental. Por meio de uma revisão sistemática da literatura, este artigo relata pesquisas sobre o uso de materiais de FRP de base vegetal compostos de fibras naturais ou biopolímeros como reforço externo para estruturas de concreto. O comportamento de vários compósitos vegetais e sintéticos usados ​​no reforço de vigas de concreto armado, considerando diferentes técnicas de fabricação são apresentados. O Estudo revelou a viabilidade da aplicação dos compósitos vegetais como reforço em vigas de concreto armado, podendo até substituir as consagradas fibras de carbono. O artigo também descreve caminhos para mais pesquisas e considerações para o desenvolvimento de projetos de estruturas.
Caso Favela Nova Brasília vs Brasil, julgado pela corte interamericana de direitos humanos, e a grave violação de direitos humanos pelo estado brasileiro
Authors: Guimarães Geane Monteiro , Santos Carlos Alberto Ferreira dos , Ávila Flávia de
Published: July 2024

O presente artigo visa analisar o caso Favela Nova Brasília vs. Brasil, julgado pela Corte Interamericana de Direitos Humanos, e a grave violação de direitos humanos pelo Estado brasileiro ocorrida no caso em tela. Para tais fins, o artigo analisa primeiro a matabilidade da juventude vulnerável no Brasil, sob o enfoque da biopolítica, da colonialidade e da necropolítica, especialmente em razão das intervenções dos agentes de segurança pública junto às comunidades carentes das periferias. Verificou-se mediante análise de pesquisa anterior e do estudo “Pele Alvo: a bala não erra o negro”, realizado pela Rede de Observatórios da Segurança, que a mortalidade da juventude negra e pobre no Brasil continua assustadora, mesmo após o advento da sentença internacional referida, a qual detecta verdadeiras execuções extrajudiciais da juventude nacional. A situação da juventude pobre e preta brasileira possibilitou a sua comparação com a figura do homo sacer existente no arcaico Direito Romano, que se trata de alguém que podia ser morto por qualquer um impunemente, mas que não devia ser sacrificado segundo as normas prescritas pelo rito. Demonstra-se como essa juventude vem sofrendo uma penalidade capital, sem qualquer rito e sem cominação legal, além de inexistir investigação sobre suas mortes por órgãos independentes. Aponta-se, finalmente, a opção do Estado brasileiro em se constituir na forma de Estado de Direito e Democrático e o seu dever de submissão às promessas constitucionais e às convencionadas em âmbito do Direito Internacional, passando-se ainda por uma breve análise da Ação Declaratória de Preceito Fundamental nº 635/2019, que trata sobre a letalidade policial e política de segurança pública no Estado do Rio de Janeiro. A pesquisa aponta que, não obstante a importância da ADPF 635/2019 e da Sentença da Corte IDH, por trás de tão elevado nível de mortalidade existe questão social mais complexa, que abrange ausências como educação de qualidade, qualificação profissional, ocupação útil da juventude vulnerável e emprego, fomentadas pelo racismo estrutural, levando à marginalização e à demonização dessa parte da sociedade, o que necessita ser reparado.
Saudades de um ícone da educação
Authors: Costa Vanderlei Balbino da , Oliveira Amanda Rodrigues de
Published: July 2024

O presente artigo não se refere a uma pesquisa, um estudo científico ou um projeto de ensino. Diria que a narrativa trata da tentativa de fazer um diálogo entre um sujeito, leitor, admirador, (des)provido da visão com um ícone da educação brasileira que marcou época com seus escritos, sendo lido por dezenas de nações mundo afora. Não há uma questão de pesquisa que suleou esse artigo. Há sim reflexões para elucidar, algo para relatar, histórias para narrar, memórias para (re)memorar, lembrar. Meu objetivo neste artigo foi: apresentar as principais contribuições de Freire para a educação, procurando elucidar seu legado enquanto educador, capaz de atrair milhões de leitores ao redor do mundo em torno de seus escritos. Optei em fazer uma pesquisa exploratória, comentando brevemente sobre suas principais obras. Lancei mão de estudos (auto)biográficos, narrativas, biografias escritas por autores que escreveram sobre este admirável educador. Não conclui o artigo por acreditar que em apenas algumas laudas este feito não seria possível. Parei aqui, apenas expressando: Saudades!!!
New Model of College Journalism and Communication Curriculum Reform under the Digital Age
Authors: Zhang Xiaodi , Lin Xiuyun
Published: July 2024

Based on the concrete experience and practice of China's journalism and communication education reform in recent years, this paper discusses the needs of The Times, concept innovation and mode exploration. This paper focuses on how to empower journalism and communication education with "practice", puts forward the concept of "practice view of journalism education", upgrades the "practice education" to "comprehensive practice", promotes the innovation of journalism and communication education model, and promotes the high-quality development of journalism and communication education. The article also discusses the opportunities and challenges of journalism and communication education in the new situation, and how to better adapt to the change of media technology and train excellent journalism and communication talents to adapt to the new communication environment.
Research on the Transformation and Optimization Strategies of Digital Financial Products Empowered by New Media Audiovisual Works
Authors: Huan Haijuan , An Xujie
Published: July 2024

With the booming development of the digital economy, integrated media marketing has become an important means for enterprises to promote products and services. This study aims to explore the role and optimization strategies of integrated media marketing in the transformation of digital financial products, with a particular focus on how new media audiovisual works can empower digital financial products and promote their development towards more efficient and personalized directions.
Cartografia infantil na série "Dora, a Aventureira"
Authors: Sala Marcos Elias
Published: July 2024

A Cartografia constitui-se como a principal porta de entrada para o desenvolvimento de habilidades de leitura, interpretação e análise do espaço geográfico. Para auxiliar professores da pré-escola e dos anos iniciais do Ensino Fundamental no processo de alfabetização cartográfica e consequente apreensão do espaço geográfico, a série “Dora, a Aventureira” se apresenta como uma importante referência, por tratar, dentre diversos fatores, da espacialização de fenômenos espaciais e das primeiras noções de relações projetivas, topológicas e euclidianas, necessárias à compreensão adequada da elaboração e interpretação de mapas. A associação destas relações ao desenvolvimento de habilidades artísticas potencializa a apreensão das espacialidades e o uso adequado de elementos da semiologia gráfica, que servirão de base conceitual para as futuras intervenções didático-pedagógicas na Cartografia e Geografia.
Արգանդի միոման՝ որպես վաղաժամ ծննդաբերության պատճառ
Authors: Աբրահամյան Ս. Հ. , Խուդավերդյան Ա. Դ. , Ղարդյան Գ. Կ. , Սարգսյան Շ. Ս. , Ջուլհակյան Կ. Ս. , Աբրահամյան Լ. Ռ.
Published: July 2024

Миома матки является наиболее распространенной доброкачественной моноклональной опухолью, происходящей из гладкомышечных клеток тела или шейки матки. Влияние миомы матки на беременность неоднозначно и, по данным обзора литературы, может оказывать воздействие на перинатальные исходы. В различных исследованиях сообщается о более высокой частоте преждевременных родов, дородовом излитии околоплодных вод у беременных с миомой матки по сравнению с контрольной группой, перенесших миомэктомию до беременности. В статье обобщены патофизиологические механизмы воспаления, вызванные дегенеративными изменениями миоматозного узла и приводящие к прежде-временным родам.
Uterine fibroids are the most common benign monoclonal tumors arising from smooth muscle cells of the body or cervix. The effect of uterine fibroids on pregnancy is controversial and, according to a review of the literature, may have an impact on perinatal outcomes. Various studies have reported a higher incidence of preterm birth and antepartum rupture of membranes in pregnant women with uterine fibroids compared with controls who underwent myomectomy before pregnancy. The article summarizes the pathophysiological mechanisms of inflammation caused by degenerative changes in the myomatous node and leading to premature birth.
Дефицит магния – проблемы диагностики, определения нормативных уровней
Authors: Бадалян А. А.
Published: July 2024

Մագնեզիումը, լինելով բջիջների և հյուսվածքների համար անհրաժեշտ մակրոէլեմենտ, մասնակցում է բազմաթիվ ֆիզիոլոգիական գործընթացների, որոնք ապահովում են օրգանիզմի բնականոն գործունեությունը: Չնայած կլինիկական պրակտիկայում դրա կարևորությանը՝ մագնեզիումի անբա-վարարության ախտորոշումը մնում է մարտահրավեր: Մագնեզիումի մա-կարդակը որոշելու համար ոսկե ստանդարտ գոյություն չունի: Արյան շիճուկում օպտիմալ շեմային կոնցենտրացիան, որը ցույց է տալիս մագ-նեզիումի անբավարարությունը, շարունակում է մնալ քննարկման առարկա:
Magnesium, being an essential macronutrient for cells and tissues, is involved in many physiological processes that ensure the normal functioning of the body. Despite its importance in clinical practice, the diagnosis of magnesium deficiency is still a problem. There is no gold standard for determining magnesium levels. The optimal threshold serum concentration to indicate magnesium deficiency remains a subject of ongoing debate.
Semantic and Conceptual Appraisals of Dharma and their Implications for a Glocal Understanding of Religion:
A Hermeneutical and Postcolonial Analysis
Authors:   , Mathew Jijoy
Published: July 2024

This research focuses on the textual, contextual and historical significance of dharma and its relation to global modernity. As is well known, dharma in India and in Western scholarship is often interpreted and translated as 'religion' and 'Hinduism' because it has been largely constructed around colonial and Indian and Hindu nationalist interpretations of dharma. Such translations and interpretations have also somewhat limited the plural idea of dharma by framing it within the characteristics of the colonial construction of Hinduism. Moreover, the association of dharma and religion in the contemporary Indian context has more or less narrowed its meaning and ignored its global presence. This thesis therefore contributes to a richer understanding of dharma by exploring its semantic, conceptual and local manifestations in a glocal context, while acknowledging the mixture and hybridisation of local traditions. It provides a framework for engaging with the postcolonial, glocal and intercultural dimensions of dharma, revealing its diverse characteristics across histories and contexts. By challenging the limitations of the Western and colonial category of 'religion', this thesis paves the way for a more nuanced understanding of dharma in the contemporary global world.
Messiness is the Message
Authors: Clegg Sally
Published: July 2024

Once, in a dinner conversation with another printmaker I had just met at a prominent craft school, he started joking about monotypes. He was a woodcut artist, and I had told him that while my art practice is multi-disciplinary, copper plate etching is the medium that I return to most faithfully. We compared notes about our print practices, and when the subject of monotypes arose, with playful contemptuousness, my new friend referred to these as “squished paintings.” This broke the ice, and we both laughed. For the rest of the meal, we continued to bond over the pleasing arduousness of our relative preferred printmaking processes, the potential messiness and apparently unsettling immediacy of monoprinting, and the general viewing public’s overall indifference to the differences between, say, a woodcut, an etching, and a monotype. 
Considering my apparent unease with the medium, ironically, the work of art that has most consumed my thoughts in recent years is a 1997 trace monotype by the ultra-famous Tracey Emin, a 59 x 73 cm print depicting a relaxed female figure sitting on a sofa. Her eyes are shut and her legs are open; she appears to be masturbating. Above and to the left of the figure floats an indiscernible object. Below the image are the words “I USED TO HAVE SUCH A GOOD IMAGINATION,” which is also the title of the piece. Both Ns in “Imagination” are backward, an indication that Emin drew this through the back of the paper, and perhaps quite quickly.
Making No Bones About It
Authors: Wyss Carol
Published: July 2024

What is the connection between the body, mind, and information? Can information be physical or, to turn it around, can the body and mind be ‘just’ information? Where is the meaning of that information? Moreover, crucially, are we losing the connection to our physical selves by incessantly processing life through information?
Theme: Memory, Repair, and Creative Recovery
Authors: Bowen Sara
Published: July 2024

This presentation centres upon a collaborative project called BookArtObject, a long-term artist book group project based in Australia. Since starting in 2009 after a conversation between Caren Florance and Sara Bowen during a bookmaking workshop, the project has varied wildly in scale and scope. The primary concept is for participants to respond creatively to a published text, whether it is poetry, fiction, or non-fiction.
Enacting Parts
Authors: Leier Heather
Published: July 2024

I have lived in Mohkínstsis/Calgary for four years, most of which have been marked by the pandemic that is ongoing as I write this. I highlight this here because my physical, social, and cultural connections with this city are limited. However, given the circumstances, I had the privilege and opportunity to connect with the land and the non-human world around me. Walking, a privilege that allowed me to engage with places I have visited and lived in throughout my life, has been particularly significant during the pandemic. Walking through the northwest suburbs of this city has allowed me to foster a relationship with the land, which now animates my practice. In the spirit of respect, reciprocity, and truth, I acknowledge that I am an uninvited white settler occupying this land, which forms the traditional territories of the Blackfoot Confederacy (Siksika, Piikani, Kanai First Nations), the Tsuut’ina First Nation, and the Stoney Nakoda (Chiniki, Bearspaw, and Wesley First Nations). This territory is also home to the Métis Nation of Alberta, Region 3. I am grateful to be situated here, and through my work, I aim to honour the land and all its forms, taking greater responsibility for my presence and potential future in this place.
Print Culture and The Spectacle 2.0
Authors: Newkirk Matthew
Published: July 2024

This paper describes creative printmaking practices that employ art as a platform for alternative voices that critique DeBord’s modern-day exploitation systems in the Society of the Spectacle1 (Debord, 1967). The specific art practices discussed aim to tempt mainstream participants caught within the Spectacle’s cycle to recognise, evaluate, and reconsider the impact these systems have on contemporary society. 
The creative industries have spent much time ‘on mute’ throughout the past two years. While navigating the ever-changing lockdowns and restrictions, art practitioners – whose role is often to bring people together physically – have been forced to operate in isolation from behind a keyboard. As visual practitioners, we must speak out in response to these COVID-related paradigm shifts with the most effective post-pandemic voice we can muster: our art practice. This paper suggests that a potent reaction to our impacted creative lives comes from understanding how the Spectacle’s mechanisms operate in a contemporary sense during this pandemic. At the same time, it discusses how art can be used to challenge the principles and ethics of a culture caught within the Spectacle. 
The paper also discusses historical and contemporary artists and art practices that utilise the same techniques, mediums, and frameworks employed by the Spectacle to expose the mechanisms of present-day Spectacle 2.0. These artists, who draw from print culture, utilise methodologies that successfully navigate the risks of becoming part of the ongoing cycle that the Spectacle perpetuates.
Devaneios
Authors: Ambrosio Eliana
Published: July 2024

Reflecting on the creative act is an important moment of pause for us to understand the paths that feed our processes, evaluate the transformations our practices have taken, and delve more deeply into our artistic work. 
During the creative process, the artist uses an initial idea, which is often reconfigured after a period of maturation, reflection, and experimentation. This investigative trajectory is permeated by doubts and uncertainties, tests, errors, abandonments, successes, revisions, deviations, migrations, expansions, ramifications, and new inspirations; a constant advance and retreat of possibilities lead to the realisation of the work, the emergence of other works or new areas of interest to be investigated. It is a process of constant metamorphosis, which requires moments of distance from the artist for the maturation of their aesthetic issues.
Lights and Shadows of the WTO-Inspired International Court System of Investor-State Dispute Settlement
Authors: Fontanelli Filippo , Ameli Koorosh , Bantekas Ilias , Ciurtin Horia , Lavranos Nikos , Rubino-Sammartano Mauro
Published: July 2024

This paper was written by several authors, including individuals who are not affiliated with the European Federation for Investment Law and Arbitration (EFILA). Its original purpose was to provide a reasoned commentary to the proposal, advanced by the European Union (EU), to include in the Transatlantic Trade and Investment Partnership (TTIP) a new system of investor-state dispute settlement based on permanent courts instead of arbitration (the investment court system or ICS). This study was first presented at the EFILA conference in February 2016 and was subsequently updated to reflect the more recent developments, namely the inclusion in the Comprehensive Economic and Trade Agreement (CETA) and the EU-Vietnam Free Trade Agreement of a system that follows closely the EU’S proposal for TTIP. The aim has been to ensure that the different perspectives and expertise of the contributing authors are reflected in the analysis. The main aim of the report is to present an in-depth analysis of the ICS in the context of the existing investment regime, as well as comparing it with the dispute settlement system of the World Trade Organization.
Why Investment Arbitration Contributes to the Rule of Law: Without Knowing Where We Came from We Cannot Know Where We are Heading
Authors: Happ Richard
Published: July 2024

This paper argues that investment arbitration plays a vital systemic role in international law. It looks at the past 220 years of legal development and concludes that international law has achieved much which its critics like to downplay or forget. If States now amend the system for it to better suit their needs, this just continues its evolutionary process.
Energy Contracts at the Crossroad between Public Law and Private Law: The Relevance of Sustainability Objectives in International EPC Contracts
Authors: Marcenaro Edoardo
Published: July 2024

In contrast with other types of contracts such as the sale of goods, international construction contracts or Engineering, Construction and Procurement contracts (commonly referred to as EPC contracts) are not governed by an international convention. Consequently, in most cases the EPC contract, further to an applicable law clause, refers to a set of general conditions of contract drafted by various international organisations. The present paper deals with the laws and regulations governing EPC contracts to be performed in different countries worldwide, as well as some aspects of the most recent trends in the resolution of disputes related thereto. It aims to evaluate how the discipline of sustainability may impact on the negotiation, drafting and performance of EPC contracts as well as on the management and solution of disputes arising therefrom.
The Protection of Energy Investments under the ECT: An Extra-EU Country’s Perspective
Authors: Ishikawa Tomoko
Published: July 2024

This article examines the issues arising from the tension between EU law and the ECT that have significant implication on extra-EU disputes. First, it examines the relationship between secondary EU legislation and the ECT obligations, to demonstrate that they should be understood to form a hierarchical relationship in which the latter has primacy over the former. It then addresses the question of attribution and responsibility for breaching acts between the EU and its Member States, and proposes that a joint liability should be the norm for the ECT. It proceeds to examine the principle of ‘harmonious interpretation’ between EU law and the ECT provisions, the principle applied by the tribunal in Electrabel v. Hungary. It argues that, by effectively prioritising EU law (including secondary EU legislation) over the ECT obligations, the Electrabel tribunal’s approach fails to reflect the balance between the protections of foreign investors under the ECT and the economic integration of EU Member States. This article concludes by arguing that, given that the ECT is a multilateral treaty with a wide geographical distribution, a clear recognition of the nature of the ECT as an international agreement by relevant adjudicatory bodies and the European Commission would be necessary for a sustainable and effective protection of energy investments under the ECT.
Is Commercial Arbitration an Alternative to Investment Treaty Arbitration in Light of the Increasing Aversion against BITs and ISDS?
Authors: Lavranos Nikos
Published: July 2024

The aim of this contribution is to analyse the question whether commercial arbitration is a better alternative to investment treaty arbitration. This question has become very pertinent and urgent because investment treaty arbitration is under increasing pressure from various sides. Indeed, the pressure is apparently so high that the European Commission is pushing to replace the classic ISDS system with the proposed international court system (ICS), which has already become a reality in CETA and the EU-Vietnam FTA. Moreover, some EU Member States have started to terminate some of their investment treaties (in particular intra-EU BITs). Most importantly, the European Commission’s intervention in preventing the execution of the Micula-award against Romania illustrates the general aversion against ISDS within the EU. Given this hostile environment against arbitration based on BITs, the question arises whether commercial arbitration could be a better alternative than investment treaty arbitration? This question will be answered by way of a comparing the recent developments in the Conoco v Venezuela, an ICSID case, and the parallel separate ICC case brought by a pair of Conoco subsidiaries against PdVsa, the state oil company of Venezuela. The conclusion based on this example is that commercial arbitration may be the better option for investors – at least in this case.
Transparency, Investment Protection and the Role of the European Parliament
Authors: Gáspár-Szilágyi Szilárd
Published: July 2024

This article looks at the role that the European Parliament, as the only democratically elected EU institution, plays in ensuring transparency in the EU’S newly concluded free trade and investment agreements (FTIAS). Using the empirically tested findings of political scientists, the article puts forward several normative claims. First, the European Parliament should ensure that the FTIAS provide high levels of participatory transparency that allows members of the ‘public’ to actively observe and take part in the international decision-making process. Second, if the participation of members of the general public is not feasible, then at least certain members of the European Parliament should be able to observe the international decision-making process and submit observations. Third, if a deliberative democratic ideal is difficult to reach, legitimacy can still be guaranteed by providing public access to the reasons for taking an international decision, after the decision has been taken. In light of these normative claims, the article discusses the transparency provisions the European Parliament should ensure are included in the parts of the FTIAS that deal with the proceedings of investment courts, the workings of treaty committees handling investment protection and the selection of the arbitrator/judge for investment courts. Proposals are also made for how the European Parliament should achieve these.
Turning Tides: The Landmark Decision in the Achmea Case – The Ecosystem of EU Law Means the End of Intra-EU BITs
Authors: Overduin Dorieke
Published: July 2024

The Court of Justice of the EU (CJEU) has delivered a landmark decision by ruling that Article 8 of the bit between the Netherlands and the Slovak Republic, providing for investor-state arbitration, is not compatible with EU law. The implications of this ruling go beyond this particular case, which can be considered a landmark decision for two reasons. First of all, the CJEU placed particular emphasis on the ecosystem of EU law, as enshrined in Articles 344 and 267 of the Treaty on the Functioning of the European Union (TFEU). Moreover, with this ruling, the CJEU has finally put an end to the legal uncertainty that has arisen regarding the place of so-called intra-EU BITs in the legal order of the EU. This case note provides the background to the case and a deeper analysis of the judgement following the three-step approach adopted by the CJEU, and will look ahead towards unaddressed questions that might be raised as a consequence of this ruling.
After Achmea: Maintaining the EU Law Compatibility of Intra-EU BITs Through Treaty Interpretation
Authors: Gourgourinis Anastasios
Published: July 2024

Following the CJEU’S preliminary ruling in Achmea, the Netherlands announced on 26 April 2018 its intention to terminate all intra-EU BITs, on the basis that termination is the only available option. This article takes issue with that proposition by assessing the Achmea ruling and its effects from the perspective of treaty interpretation under customary rules of international law. It notes how the analysis from the CJEU failed to interpret the Netherlands-Slovakia bit in accordance with the VCLT, especially by not departing from the presumption against the incompatibility of the bit with EU law. This article also argues how and why joint interpretations by parties to intra-EU BITs, as authentic expressions of their common understanding, may constitute an effective alternative to termination or amendment of intra-EU bits in the wake of the Achmea judgment. In fact, this is a solution that was already applied by the European Commission in 2003 in relation to the bits of the eight (then) accession or candidate states (all now EU Member States) with the United States. Furthermore, this could potentially constitute another option for policy-makers so as to maintain compatibility of intra-EU BITs with EU law, as well as other international agreements between Member States equipped with dispute settlement mechanisms, through treaty interpretation.
Most Favoured Nations Clauses in BITs – What is Their Real Purpose (and Their Real Effect)? – 3rd Annual EFILA Lecture
Authors: Christopher Greenwood Sir
Published: July 2024

The author examines the origins of the MFN and its real purpose and real effect in investment treaty arbitration. It is argued that the MFN clause is first and foremost a guarantee to the investor of non-discrimination. He emphasizes the need to interpret a specific MFN clause in the specific context of the bits involved. He calls for a nuanced approach on the application of the MFN clause, rather than the broad generalizations, which in recent years have tended to dominate this area of debate.
Abuse of Rights in the Context of Corporate Nationality Planning
Authors: Wu Zongnan
Published: July 2024

Investment tribunals have applied the abuse of rights doctrine to distinguish between legitimate corporate nationality planning and objectionable manipulation of corporate nationality. This doctrine is further concretized into “the foreseeability test”, which examines whether there is a foreseeable dispute at the time of nationality planning. After revisiting related investment arbitral decisions and academic commentaries, this article argues that the abuse of rights doctrine is an appropriate tool for tribunals to combat abusive nationality planning. That said, it also identifies several unsettled issues under current case law and suggests corresponding solutions.
The Uneasy Relationship between Intra-EU Investment Tribunals and the Court of Justice’s Achmea Judgment
Authors: Gáspár-Szilágyi Szilárd , Usynin Maxim
Published: July 2024

This article focuses on the ways in which investment tribunals constituted under intra-EU BITs and the Energy Charter Treaty (in an intra-EU dispute) have reacted to the Court of Justice’s Achmea judgment of 6 March 2018. The first part of the article maps out the existing intra-EU arbitrations in which the issues arising from Achmea appear in one form or another. We then take a critical look at how the disputing parties have used Achmea in their argumentation and how the investment tribunals have dismissed these arguments and upheld their jurisdiction. The second part of the article is analytical. When the tribunals uphold their jurisdiction and decide on the merits, they knowingly deliver an award, which is unenforceable in the Respondent State and the entirety of the EU. By drawing parallels with decisions rendered by other international tribunals, we argue that the rendering of potentially unenforceable awards is not specific to intra-EU investment disputes. We then look at why international tribunals render potentially unenforceable awards. The third part of the article presents several suggestions of how intra-EU investment tribunals should tackle the Achmea conundrum, either by declining their jurisdiction pursuant to judicial comity or upholding their jurisdiction but dismissing the cases as inadmissible.
Whither Mutual Trust? Brexit, Achmea and the Future of Investor-State Arbitration in the EU-UK Investment Relations
Authors: Florou Aikaterini
Published: July 2024

A lot of ink has been devoted to Brexit: when (and if) it will happen, under what terms, and what its legal effects will be. Some have enquired whether Brexit can create an avalanche of investor-state disputes potentially based on the frustration of the investors’ legitimate expectations. This article takes a step back from the current volatility of the ongoing negotiations and addresses a bigger policy question, which has been emerging steadily also in other contexts: what will be the actual interplay between international, EU and domestic laws for the resolution of investment disputes after Brexit? To address this question, this article first examines the Withdrawal Agreement and the new arbitration mechanism that it establishes. Second, it explores the interaction between international and domestic laws, in light of the current developments in EU law, especially the Achmea judgment and the Member States’ Declarations on Achmea, as well as implications for the enforceability of arbitral awards in the UK post-Brexit. The article concludes with the remark that policy makers need to address the current underlying tensions between the three laws of international investment; domestic, EU, and international, by paying due respect to international law.
The UK’s Post-Brexit Investment Policy: An Opportunity for New Design Choices
Authors: Chan Elizabeth
Published: July 2024

Brexit presents an important opportunity for the UK to reimagine its
investment policy. The UK formulated its independent investment policy,
separate from the European Union’s, more than a decade ago. Since then, State
practice relating to investment protection, facilitation, liberalisation and
dispute resolution has changed. New model bilateral investment treaties (BITs)
and other recent international investment agreements offer innovations. The UK
can learn from these developments in formulating its post-Brexit investment
policy. The UK’s recent policy documents suggest that its investment policy
will closely track its historical practice. The UK has historically offered
investment protection to foreign investors in its BITs. Investors have been
allowed to initiate arbitration against States. However, the UK’s current
negotiations with the EU suggest that investor protections may be more limited.
This article begins by describing the UK’s existing trade agreements and recent
trade practice as an EU Member State. It also describes the anticipated impact
of Brexit on these arrangements and practices. The next section explains the
likely direction of the UK’s future investment policy, as indicated in recent
policy documents. The final section offers ideas for selected design choices
that the UK could make in formulating its investment policy.
UNCITRAL Working Group III and Multilateral Investment Court – Troubled Waters for EU Normative Power
Authors: Svoboda Ondřej
Published: July 2024

This article analyses the European Union (EU)’s and its Member States’
activities in the multilateral reform of investors-state dispute settlement
(ISDS) in the early stages of the United Nations Commission on International
Trade Law (UNCITRAL) discussions with the ultimate goal of the establishment of
a multilateral investment court. First, the article explains the EU’s approach
to the reform and its ambitious proposal of a standing investment court. Then,
it demonstrates how difficult it turned out to be for the EU to promote the
reform proposal in multilateral negotiations at the UNCITRAL. Finally, the
article explores how the EU employs several means, including internal
mobilisation, or engagement of other stakeholders, in order to ensure that work
of the UNCITRAL continues in a direction of systemic reform of ISDS. In
conclusion, it offers a view of how the EU normative ambitions play out in the
context of different approaches of third countries and how legal factors
complement its political preferences.
Here Comes Doomsday … Or Does It? – Implications of Achmea on Intra-EU Investment Arbitration in Light of Recent Case Law
Authors: Anderle Marek , Leontiev Andrej
Published: July 2024

This article follows recent developments in the intra-EU investment
arbitration case-law after the publication of the CJEU’s judgment in Slovak
Republic v Achmea BV (Achmea judgment) and the subsequent
signing of the so-called ‘Achmea declarations’ on 15 and 16 January 2019 and
the Agreement for the Termination of Bilateral Investment Treaties Between the
EU Member States on 5 May 2020 (Termination Agreement). Although the decisions
of investment tribunals analysed in this article show that all tribunals uniformly
dismissed the jurisdictional objection of the respondent States based on the
CJEU’s conclusions in the Achmea judgment, this article
explores the very different reasons adopted by the tribunals when doing so, and
the potential challenges ahead, especially once the Termination Agreement
enters into ‘full’ force. Based on different approaches taken by the tribunals
with regard to the applicability of the Achmea judgment, this
article addresses its implications separately for ECT arbitrations, ICSID arbitrations
and BIT arbitrations, while drawing attention to the important similarities and
differences between the decisions.
The ECT, Achmea and Intra-EU Arbitration – Swedish Court Requests Preliminary Ruling from the CJEU
Authors: Liebkind Anina , Norburg Fredrik , Dittmer Hvarfner Ossian
Published: July 2024

The Intra-EU Energy Charter Treaty (ECT) saga moves closer to the
precipice in Sweden. In March 2021, the Svea Court of Appeal requested a
preliminary ruling from the Court of Justice of the European Union (CJEU) in a
pending challenge proceeding relating to the ECT, and stayed the proceedings in
three similar cases, although it had twice previously denied seeking a request
for a preliminary ruling. In all of the cases, Achmea has been
raised as a basis for the action. This case note will set out the key issues in
the pending ECT cases before the Svea Court of Appeal and detail the specific
case in which a preliminary ruling from the CJEU has been requested as well as
the questions the preliminary ruling will address.
Opinion of Advocate General Saugmandsgaard Øe in Anie and Others v Italy – End of the Road for intra-EU ECT Arbitration?
Authors: Negret Auriane
Published: July 2024

On 29 October 2020, Court of Justice of the European Union (CJEU)
Advocate General (AG) Saugmandsgaard Øe delivered his opinion on Joined Cases
C-798/18 and C-799/18 regarding the compatibility of Italian measures reducing
incentives in the renewable energy sector with the Charter of Fundamental
Rights of the European Union (the Charter) and the Energy Charter Treaty (the
ECT). These cases emerged from two questions referred by the Regional
Administrative Court of Lazio, Italy to the CJEU. In his opinion, the ag
suggests that the Italian measures are compatible with both the Charter and the
ECT and recommends that the CJEU issue a preliminary ruling to that effect. In
a noteworthy footnote, the AG also expresses his opinion on the consequences of
the 2018 Achmea decision for ECT arbitration between EU Member
States (intra-EU ECT arbitration). This case note recalls and comments on the
arguments of the AG, with a focus on its significance in the debate on the
future of intra-EU investment disputes based on the ECT.
How to Enforce the Achmea Judgment – Tools for EU Member States before, during and after Investment Arbitration Proceedings Brought by an Investor from Another EU Member State
Authors: Maxian Rusche Tim
Published: July 2024

Arbitration tribunals, in particular those established under the ICSID
Convention, refuse to adhere to the judgment of the Court of Justice of the
European Union in Achmea. Are EU Member States at their mercy? So
goes the story presented at conferences and roadshows, as well as in academic
publications, which often point to the special protection that ICSID awards
enjoy pursuant to Articles 53 and 54 of the ICSID Convention (this element is
also often recalled by ICSID tribunals in awards in reaction to arguments based
on Union law, in particular the unenforceability of intra-EU awards). This
article sets out effective weapons that EU Member States may deploy prior to,
during, and after the arbitration procedure, in order to enforce effectively
the judgment in Achmea.
Veolia v Republic of Lithuania: A Case on the Legality of the Suspended Intra-EU Investment Arbitration and the Question of Lis Pendens
Authors: Satkauskas Rytis
Published: July 2024

This article addresses the issue of parallel proceedings in suspended
arbitration cases based on intra-EU bilateral investment treaties. The
furthering of such disputes was declared illegal by the recent CJEU decision
in PL Holdings case. However, not all of them were terminated
by the agreement of the parties. The said illegality of such proceedings might
prevent Governments of the EU Member States to attend the hearing or implement
the award, but this alone cannot force the investor to scrap the claim. The pertinent
example of the investment dispute in Veolia Environnement S.A. and
Others v. the Republic of Lithuania provides additional argument for
the investor to hold onto the arbitral tribunal. Lithuanian courts refused so
far to accept the Government’s counterclaim avoiding the duplication of the
proceedings in the same case. Moreover, Supreme Court’s decision provides a
far-reaching interpretation on the nullity of all inter EU arbitration
agreements ever concluded. The following analysis provides some certainly
interesting details.
Republic of Italy v Athena Investments A/S Before the Swedish Courts: Is There Still a Life After the CJEU’s Decision in Komstroy and PL Holdings?
Authors: Liebkind Anina , Norburg Fredrik , Holst Andreas
Published: July 2024

The Swedish Court of Appeal considers the CJEU’s decisions in Republic
of Poland v PL Holdings Sàrl and Republic of Moldova v
Komstroy LLC regarding the validity of the arbitration clause included
in Article 26 of the Energy Charter Treaty for intra-EU arbitrations, and
recalls its request for a preliminary ruling in an ongoing challenge
proceeding. Following up on our 2021 EILA Rev case-note, covering the parties’
submissions prior to the Court of Appeal’s request for a preliminary ruling, we
further explore the parties’ recounts of the CJEU’s recent decisions and the
implications under Swedish law. The Svea Court of Appeal is the first Swedish
court to decide on the validity of Article 26 of the Energy Charter Treaty in
intra-EU arbitration.
Energy Charter Treaty and the Paris Agreement – Friends or Foes? – 7th EFILA Lecture (28 October 2021)
Authors: Magnusson Annette
Published: July 2024

In this lecture the question was answered whether the EC and the Paris Agreement are
friends or foes? The conclusion is that so far they appear never to have even
talked to one another. At least in the ECT jurisprudence, it seems as if energy
investment law and climate law exist in parallel and at times very different
worlds. In light of the urgent climate crisis, this needs to change.
Monetary Transfer Provisions and the Rule of Law from the International Investment Law Perspective
Authors: Menkes Marcin J.
Published: July 2024

Monetary transfer provisions (mtp) are a standard feature of investment treaties. Despite their crucial importance for the realisation of foreign investment, and interpretation difficulties, they have not attracted much doctrinal attention to date. They are also rarely considered by investment tribunals. The extent of economic sanctions imposed on Russia in response to the 2022 aggression against Ukraine, and Russian retaliatory measures, foreclose most alternative opportunities for capital exporting. As a result, we may expect a wave of mtp claims against Russia, once the country rejoins the international community. The article summarizes the debate and makes suggestions for balancing public and private interests in this sensitive area for the economic rationality of investment and the financial basis of state survival. At the same time, it is a first step toward further research situating the issues of transfer clauses and monetary sovereignty in the broader context of public safety and the legality of economic sanctions.
Westmoreland V Canada: A Precedent against the Transferability of Treaty Claims
Authors: Botero Daniel Quintero
Published: July 2024

This case- note focuses on the award issued in Westmoreland Mining Holding llc v Government of Canada on 31 January 2022. The decision sets a relevant precedent against the transferability of treaty claims. The tribunal held that it lacked jurisdiction ratione temporis to decide a claim brought by the assignee of a treaty claim, considering that the claimant was not the investor that owned or controlled the investment at the time of the alleged breach. This case- note summarises the award and offers an analysis on the transferability of treaty claims, proposing that the ratione temporis requirement should not defeat the jurisdiction of tribunals facing claims brought by assignees.
Article: Sorting the Building Blocks of Investor-State Dispute Settlement Reform: Recent Developments from the UNCITRAL Working Group III
Authors: Brodlija Fahira
Published: July 2024

The United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII), as the main forum the reform of investor-state dispute settlement (ISDS), continues to deliberate an ambitious agenda of reform areas of high priority. Recently, the WG marked an important milestone with the adoption of the first reform instruments on the conduct of adjudicators and investment mediation. Nevertheless, the most challenging ‘building blocks’ of reform remain to be addressed, including the systemic reform proposal for a standing mechanism, which would transform the landscape of ISDS as we know it. This chapter first captures the progress of the WGIII as it stands today, focusing in particular on the first reform instruments – the Codes of Conduct for Arbitrators and Judges in International Investment Dispute Resolution, the UNCITRAL Notes on Mediation, and UNCITRAL Guidelines for Mediation in Investment Disputes. Then, it outlines the issues that remain on the agenda of the WGIII, in particular the standing investment court, appellate mechanism, the Advisory Centre and other procedural and cross-cutting issues. The chapter concludes with reflections on the overall dynamics of the WGIII and the lessons learned thus far that could contribute to the effectiveness of the deliberations ahead.
AIR QUALITY MONITORING IN THE WEST KAZAKHSTAN REGION: PRINCIPLES, METHODS, APPROACHES
Authors: Salnikov V. ,   al-Farabi Kazakh National University, Polyakova S. , Ullman А. , Kauazov A. , Tursumbayeva M. , Kisebayev D. , Miskiv D. , Beldeubayev E. , Musralinova G. , Kozhagulov S. ,   al-Farabi Kazakh National University,   al-Farabi Kazakh National University,   al-Farabi Kazakh National University,   al-Farabi Kazakh National University,   RSE "Kazhydromet",   al-Farabi Kazakh National University,   al-Farabi Kazakh National University,   al-Farabi Kazakh National University,   al-Farabi Kazakh National University
Published: July 2024

The main approaches and methods of studying the characteristics and conditions of atmospheric pollution on the example of Western Kazakhstan are considered. The classification and grouping of applied approaches by topics, methods, time intervals and other relevant criteria was conducted. An analysis of the available information on the sources and volumes of emissions into the atmosphere, as well as on the systems for monitoring the pollution of the air basin, was carried out. It is shown that to increase the effectiveness of the atmospheric air quality management system, it is expedient to use a complex approach taking into account the influence of meteorological factors and synoptic conditions that determine different levels of pollution. An analytical review of modern methods of modeling the spread of pollutants in atmospheric air showed the feasibility of using statistical methods integrated with deep machine learning and the Eulerian continuum model of turbulent diffusion. The obtained conclusions will allow further use of an integrated approach to improve the atmospheric air quality management system of the studied region.