bluuebunny/crossref_metadata_2025_split huggingface dataset:
Chinese SOE Investments and the National Security Protection under IIAs
Authors: Wang Lu 
Published: April 2019

Abstract
The rapid rise of state-owned enterprises (SOEs) and their cross-border investment activities in recent years has raised considerable concerns, particularly in relation to the potential detrimental impacts such investments may have on national security of host states. SOE investments are mostly from emerging economies, especially China, and are prominent in the critical or ‘strategic’ industries, such as energy, infrastructure and telecommunication sectors, and financial services. In this context, certain national security considerations in relation to foreign SOE investments have been accentuated in an increasing number of states. Here a very important issue is the role of international investment agreements (IIAs) in respect of national security protections. China’s investment treaties will be reviewed in respect of the treatment of SOEs with the objective of assessing the extent to which state capitalism has affected and contributes to the design of international treaties. The analysis will consider the period, partners, and typology of provisions. Most IIAs only provide protections in respect of the post-establishment phase. Thus, hypothetically after the Hinkley C project is established, the UK government could decide to close down the nuclear power station or divest the project for environmental or energy safety reasons. A similar situation did occur in the Vattenfall case, where the Swedish state-owned energy company brought cases in both the German Constitutional Court and ECT tribunals. Nevertheless, comparable scenarios may arise again in future SOE investments, and the problem is whether international investment agreements provide any scope for states to address their national security concerns over SOE investments.
Nationwide Regulatory Reform Starting from China’s Free Trade Zones
Authors: Huang Jie (Jeanne) 
Published: April 2019

Abstract
Before conducting profound reforms of the trade and investment legal framework, China often implements the reform on a small scale, generally in specified geographic zones as testing grounds. After these testing grounds generate fruitful results, the reform may be implemented nationwide. A typical example is the five special economic zones established in the 1980s. After the Cultural Revolution, the first round of Chinese regulatory reform in trade and investment took place in 1978. Led by the late Premier Deng Xiaoping, China implemented the opening-up policy. Deng established five special economic zones to attract foreign investment by allowing a greater role for individual autonomy and Western-style market forces. Lessons learned from the special economic zones were implemented nationwide. For example, the corporate Sino-foreign joint venture was first tested in special economic zones and, after it proved successful, was adopted nationwide. These zones are also the pioneers in China to use tax holidays to attract foreign investment and many regions in inland China followed their example. In the 1990s, special economic zones gradually ended their mission as testing grounds. Among all the regulatory reforms conducted in the free trade zones (FTZs), adopting a negative list to regulate the foreign investment market access is important, because it significantly departs from China’s long-time domestic practice and aims to bridge China’s investment law with high-standard international agreements. This chapter focuses on the negative list adopted by China’s FTZs to regulate access to foreign investment markets and explores its significance, analyses its insufficiencies, and proposes suggestions for improvement.
Issues on SOEs in BITs
Authors: Tu Xinquan , Sun Na , Dai Zhen 
Published: April 2019

Abstract
The issue on state-owned enterprises (SOEs) has never gone away once China began sitting around the negotiating table, especially with the United States. Sixteen years ago, when China was expecting to enter the multi-lateral trading system, there were special sections for state trading enterprises in its accession protocol in accordance with Article XVII in GATT1994. While in bilateral investment treaty (BIT) negotiation with the US, which was reignited in 2008 and has undergone twenty-nine rounds of talks, the issue of SOEs was brought up to the table again and seemingly became a key point blocking the negotiation. However, with uprising economy scale and front-ranking position in global trade and investment, it seems unsatisfying of China to give the same commitments concerning SOEs as it did in WTO negotiation which was sixteen years ago. To put the BIT negotiation forward on the SOE issue needs new solutions
Towards a Fourth Generation of Chinese Treaty Practice
Authors: Levine Matthew 
Published: April 2019

Abstract
If China is not a rule-maker, does it follow that it is a rule-taker? Certain facts appear to point in this direction, i.e. the acute influence of North American treaty practice, especially that of the United States, and Beijing’s reluctance to update its own model treaty. However, research into China’s participation at the World Trade Organization (WTO) and negotiation of regional trade agreements (RTAs) points to an alternative conceptualization. Beijing is neither a rule-maker nor a rule-taker but, rather, increasingly acts a ‘rule-shaker’. This is important for understanding China’s most recent IIAs. In particular, it helps to make sense of specific provisions that other commentators have described as ‘puzzling’ and allows us to move away from labelling Beijing’s most recent treaties as ‘incoherent’. The first section reviews the categories that have been devised by scholars for China’s voluminous investment treaty practice, which leads to consideration of Chinese IIAs concluded from 2008 onwards as forming a protean Fourth Generation. This includes various changes to substantive investment protection provisions. And many of these novel formulations are indicative of a broader trend whereby states are seeking to balance investment protection against non-investment objectives. A leading explanation for the growth of balancing mechanisms in China’s Fourth Generation is the ‘NAFTA-ization thesis’. In examining the specific provisions in detail, however, it becomes clear that this offers only a partial explanation that is complimented by a selective adaptation lens.
G20 Guiding Principles for Global Investment Policy-making
Authors: Joubin-Bret Anna , Chiffelle Cristian Rodriguez 
Published: April 2019

Abstract
One of the most important and concrete outcomes of China’s G20 presidency was the establishment of a Trade and Investment Working Group (TIWG), recognizing that robust and sustainable trade and investment reinforces economic growth and calling for enhanced G20 trade and investment cooperation. The Chinese presidency’s renewed approach was not only to bring stand-alone investment issues to the G20 table, but also to re-spark the conversation on investment and trade policy-making by bringing them closer together again, acknowledging the complementarity of trade and investment as the engines of economic growth. This has paved the way for coherent, integrated discussions on trade and investment for the first time in fifteen years in the global political arena. On the investment side, the TIWG delivered the G20 Guiding Principles for Global Investment Policy-Making (G20 Guiding Principles), a key outcome of the Chinese presidency. These were endorsed by trade ministers in Shanghai in July 2016 and then by heads of state at the Hangzhou Summit in September 2016, with the objective of fostering an open, transparent, and conducive global policy environment for investment; promoting coherence in national and international investment policy-making; and promoting inclusive economic growth and sustainable development. The G20 Guiding Principles are introduced in the chapter. It begins with a background review of their crafting and various attempts at devising guiding principles on international investment, and identifies some of the guidelines that have paved the way for the Principles. The chapter then focuses on the objectives, scope, and content of the G20 Guiding Principles and considers their potential impact on policy-making at the domestic and international levels. Finally, the chapter addresses the broader work of the G20 TIWG, including the trade and investment linkage, analyses the general state of play of G20 countries’ investment agreements, and offers some preliminary conclusions and ways forward.
Investment Disputes under China’s BITs
Authors: Willems Jane 
Published: April 2019

Abstract
This chapter first examines and compares the decisions rendered by arbitral tribunals and state courts, on the scope of the consent clauses contained in the Chinese bilateral investment treaties (BITs) of the first generation, with decisions rendered under other BITs with similar wordings. The decisions relating to Chinese BITs have contributed to the debate on the interpretation of treaties contained in arbitral awards that have extended the subject matter of the arbitral jurisdiction and the subsequent state court decisions that have reviewed, and on notable occasions have sanctioned these awards. These decisions contain more particulars pertaining to BITs emanating from socialists’ countries than characteristics specific to China’s BITs. The situation is different for other jurisdictional issues. The territorial jurisdiction of arbitral tribunals under the Chinese BITs—and whether they apply to a special administrative region (SAR)—was examined under the interpretation of the territorial scope of treaties and under the moving frontier rule and the exceptions to these principles, in particular the intent expressed by China. The question of the nationality of the investor seeking the protection of a Chinese BITs also raised Chinese characteristics, as it allowed for the first-time arbitral tribunals to apply, at an international level, the nationality test for both individuals and corporations established in the SARs contained in the municipal law.
Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime
Authors: Wilson Claire 
Published: April 2019

Abstract
The case of Ping An v Kingdom of Belgium is a significant addition to investor–state dispute settlement (ISDS) jurisprudence. It concerns the first mainland Chinese company to file a claim with the International Centre for the Settlement of Investment Disputes (ICSID) and is the first known ICSID case involving the Kingdom of Belgium as a respondent. The dispute emanated from actions that were taken during the 2008 global financial crisis—therefore it is of considerable public importance. The level of protection available to Chinese investments where China has entered into successive treaties is one of the main issues to be explored in this chapter. The commentary also analyses the facts surrounding the Ping An claim and considers how the award rendered by the tribunal could affect future claims.
Authenticity and Play
Authors: Egan David 
Published: April 2019

Abstract
Heidegger’s account of authenticity emphasizes receptivity and responsiveness and these qualities receive even more pronounced emphasis in Wittgenstein’s appreciation of the importance of play. Wittgenstein’s investigations of language-games and scenes of teaching and learning highlight the dynamic evolution of communication and action. His account of action styles us not as agents but as players—musical or theatrical improvisation serves as a model for Wittgensteinian authenticity. The chapter also responds to the concern voiced by Rush Rhees that Wittgenstein’s emphasis on games opens the door to sophistry and it draws out the importance of the grammatical middle voice in Heidegger’s treatment of receptivity and responsiveness.
Shelleyan Reimaginings and Influence
Authors: O'Neill Michael 
Published: April 2019

Abstract
Through close readings, Shelleyan Reimaginings and Influence: New Relations seeks to bring out the imaginative and formal brilliance of Percy Bysshe Shelley’s writing as it explores his involvement in processes of dialogue and influence. Shelley is among the major Romantic poetic exponents and theorists of influence because of his passionately intelligent commitment to the onward dissemination of ideas and feelings and to the unpredictable ways in which poets position themselves and are culturally positioned between past and future. The book has a tripartite structure. The first three chapters seek to illuminate his response to representative texts, figures, and themes that constitute the triple pillars of his cultural inheritance: the classical world (Plato); Renaissance poetry (Spenser and Milton); and Christianity—in particular, the concept of deity and the Bible. The second and major section of the book, from Chapters 4 to 12, explores Shelley’s relations and affinities with, as well as differences from, his immediate predecessors and contemporaries: Hazlitt and Lamb; Wordsworth; Coleridge; Southey; Byron; Keats (including the influence of Dante on Shelley’s elegy for his fellow Romantic); and the great painter J. M. W. Turner, with whom he is often linked. The third section considers Shelley’s reception by later nineteenth-century writers, figures influenced by and responding to Shelley: the figures chosen are Beddoes, Hemans, Landon, Tennyson, and Swinburne. A Coda discusses the body of critical work on Shelley produced by A. C. Bradley, a figure who stands at the threshold of twentieth-century thinking about Shelley.
‘The Gleam of Those Words’
Authors: O'Neill Michael 
Published: April 2019

Abstract
Chapter 6 traces Shelley’s intertextual relationship with Coleridge. It points to the historical record of letters, notes, and journals in which each poet wrote his opinion of the other. For Coleridge’s part, he regretted not meeting Shelley when he had the chance, and thought he could have mentored the younger poet, whom he identifies as a man of great poetic power, in need of guidance, particularly with respect to his misguided atheism. The chapter explores the ways in which Shelley both learns from and turns away from Coleridge. It traces Shelley’s echoes of Coleridge and notes that the younger poet often acknowledges, through his poetry, shared ground with his ideological opponent. In particular, the two poets share a remarkable capacity for duality. The notion of hope and its relationship to poetic power is a recurring theme in Shelley’s poetry. Coleridge’s consideration of hope, and his understanding of how difficult it is to sustain hope, draws sympathy from Shelley and provides much ground for the younger poet’s responsiveness to Coleridge’s work. But, for Shelley, great differences abide between their approaches to poetry, thought, and the imagination. Some of Shelley’s most insightful responses to Coleridge lie in his ability to reconsider Coleridge’s expressions of religious experience as well as his account of the power of language.
Gaps and Challenges of Migration Policy Advice
Authors: Zimmermann Klaus F. 
Published: April 2019

Abstract
The gap between scientific insights and societal perceptions of international migration is large. It stems, at least in part, from the complexity of the matter and the fears raised by the unknown. This chapter reflects upon these issues against the background of post-World War II migration and migration policy in Germany. It argues that providing robust evidence is not enough for a policy adviser to succeed. Patience, persistent argumentation, and the propagation of successful migrant role models seem to be of key importance to influencing public debates and policy-making on migration and integration. A ‘jobs approach’ that integrates both migrants and refugees early into the labour force could make a difference. Germany, while stumbling slowly on its path, has still a chance to find a proper balance between observing humanitarian migration and following economic needs.
Naturalism in Aristotle’s Politics
Authors: Berryman Sylvia 
Published: April 2019

Abstract
The use of substantive appeals to human nature to justify slavery and the subordination of women, as well as to argue for the polis as the ideal form of political organization, are prominent features of Book One of Aristotle’s Politics. These appeals seem like evidence for an Archimedean ethical naturalism. I argue against this conclusion, however, on the grounds that the Politics is an early work, and does not exhibit a notion of nature that could be investigated from a value-neutral or descriptive point of view. The notion of phusis found in the Politics is out of step with that of the biological work, adhering closer to the sophistic nomos–phusis distinction, i.e. a stand-in for the notion that certain practices are legitimate and not arbitrary impositions. The chapter concludes that Politics Book One does not support the case for Archimedean naturalism.
The Case against a Naturalist Reading
Authors: Berryman Sylvia 
Published: April 2019

Abstract
Several features of the ethical works actively militate against an Archimedean naturalist reading, including the non-instrumental value placed on the virtues, the non-deductive nature of practical reasoning and the absence of a blueprint for living well. This chapter reaffirms the consensus that Aristotle’s account of practical reasoning is not restricted to means-end reasoning, against a recent critique, and suggest that the contemporary particularist reading of Aristotle may be overstated if it is taken to suggest that all considerations may change valency. Having set aside the reading of Aristotle as an Archimedean naturalist, the chapter turns to the reconstruction of his positive account of the sources of normativity.
“See Benezet’s Account of Africa Throughout”
Authors: Moore Sean D. 
Published: April 2019

Abstract
Olaudah Equiano is arguably the founder of the slave narrative, in his case one in which he explores his capture in Africa as a boy, his different masters, his conversion to evangelical Protestantism, his entrepreneurship, and his service in the navy—all requisites to being considered fully “British” at the time. This chapter explores his footnote in his Interesting Narrative acknowledging how Philadelphia Quaker abolitionist Anthony Benezet’s anthropology of West Africa informed his story, and how Benezet—who had never been to Africa—relied on the slavery-funded Library Company of Philadelphia, for books of travels to Africa for that anthropology. In doing so, it provides archival evidence of how Philadelphians exchanged their grain and other products for slaves and Caribbean slave plantation products. It also provides the first ever analysis of the library’s 1794–1812 circulation receipt book, showing the circulation of all the genres encapsulated in both men’s accounts.
Patients as partners and communities as carers—renewable energy
Authors: Britnell Mark 
Published: April 2019

Abstract
In this chapter, Mark Britnell looks at patient influence over healthcare. He analyses how healthcare providers and systems are beginning to understand the potential of helping patients to play a more active role in their own care. However, he argues that making this a reality requires overhauling the nature of the relationship between patients and staff and reskilling of both the staff and the patients. To be truly transformative, enabling patients to be partners in their own care means rethinking every step of the healthcare process, from how research is conducted to how services are designed, the offer made to patients, how decisions are taken, and how outcomes are judged. The alignment between what patients want and what is provided is often poor.
The United Kingdom—the age of austerity
Authors: Britnell Mark 
Published: April 2019

Abstract
In the United Kingdom, the NHS is considered the proudest achievement of modern society and continues to enjoy satisfaction ratings higher than the Royal Family. The NHS and the quality of healthcare is inextricably linked to the British national consciousness and character. Yet the United Kingdom is going through tectonic challenges and changes as we face Brexit and find our new place in the world order. Naturally, this affects the NHS and the people who work for it. While we have four similar yet distinct health systems across England, Scotland, Wales, and Northern Ireland, the rest of this chapter concentrates solely on the English NHS. In this very current chapter, Mark Britnell illustrates the problems that the British healthcare system faces as a result of Brexit. He also looks at the NHS in relation to national identity, economic growth, and quality of care.
Spain
Authors: Moreno Luis , Colino César , Hombrado Angustias 
Published: April 2019

Abstract
This chapter examines Spain’s successful constitutional transition through the gradual accommodation of territories. It first explains the context that paved the way for Spain’s peaceful transition to democracy during the period 1975–79, from the Civil War of 1936–39 and the dictatorial rule of General Franco to the mobilization of opposition around left-right cleavages and several territorially based nationalist movements, the moment of constitutional transition between 1977 and 1979, and the approval of a democratic Constitution in December 1978. The chapter then describes the period of constitutional engagement from 1978 to 1983 as well as the outcomes of the 1978 Constitution, particularly with regard to its creation and institutional accommodation of seventeen regions and nationalities or “autonomous communities,” elections and decentralization that sought to address regional demands for more autonomy, and devolution. It concludes with an analysis of lessons that can be drawn from Spain’s transition from authoritarianism to democracy.
The Subtle Lives of Descriptive Names
Authors: Dickie Imogen 
Published: April 2019

AbstractThis paper develops a radical alternative to standard accounts of descriptive names. A ‘descriptive name’ is a singular term introduced by a stipulation of form ┌Let α refer to the Ψ┐. It is shown that—contrary to standard views—the reference-fixing mechanism for a descriptive name is not satisfactional. §1 argues for a background view of reference-fixing for ordinary language singular terms. §2 shows how this view generates a non-satisfactional account of reference-fixing for descriptive names. §3 explores the implications of the discussion in §§1–2 for the possibility of descriptively mediated singular thought. §4 argues for a new account of what speaker and hearer are committed to when the speaker makes and the hearer accepts a ┌Let α refer to the Ψ┐ stipulation.
Frege’s Begriffsschrift Theory of Identity Vindicated
Authors: Pardey Ulrich , Wehmeier Kai F. 
Published: April 2019

Abstract
In the Begriffsschrift, Frege held that identity is a relation between names, to wit, the relation of co-reference. The verdict of Frege scholarship on this conception of identity has not been favorable, to say the least; indeed, commentators including Alonzo Church, Michael Dummett, and Richard Heck have claimed that it is incompatible with ordinary first-order quantification. We show that these commentators are mistaken. The Begriffsschrift conception of identity is perfectly consistent with ordinary quantification over objects, and moreover generates the same consequence relation between sentences as does standard first-order logic with identity.