title: Effective, accountable and inclusive institutions? An analysis of the Chevron v. Ecuador (II) investment arbitration and the Lago Agrio environmental justice movement

authors: McGiven, Timothy Clyde

subjects: environmental policy

abstract: The international investment agreement regime, one of the more obscure global institutions, has a significant impact upon how states, local governments and communities develop. Many investment agreements include investor-state dispute settlement (ISDS) mechanisms, which seek to protect investors from unjust expropriation by host states. Yet, the implications of such a mechanism for fulfilling the vision of the United Nation’s Sustainable Development Goals (SDGs) have never been studied. This thesis examines the ISDS mechanism by conducting a case study of the Chevron v. Ecuador (II) [CvE2] investment arbitration. 
The thesis analyses case documents such as hearing transcripts, decisions and submissions to identify the discourses at work within the arbitration; determine the implications of such discourses for processual developments; and explore how such processes influence the space afforded to those nongovernmental organisations and environmental justice groups affected by the arbitration. The research utilises an analytical framework informed by critical development theory and environmental justice theory, to demonstrate that the CvE2 arbitration is dominated by an exclusive discourse that prioritises a strict adherence to international investment law, to the exclusion of other principles such as those of international human rights law and environmental law. The dominance of such a discourse reduces the legitimacy of the institution and its rulings for many key stakeholders. The findings also reveal that marginalised stakeholders, such as environmental organisations representing indigenous communities, were refused access to the arbitrations though they were materially affected by the claims, and additionally, were denied consideration - whereby the material impact of the ruling upon the stakeholder group was deemed irrelevant to the proceedings. The findings provide evidence that ISDS, in its current form, is incompatible with the United Nation’s goal for ‘effective, accountable and inclusive institutions’ (United Nations Development Programme, 2016, p. 1). 
This thesis contributes to the scholarship on environmental justice and environmental policy through its analysis of the implications of arbitration mechanisms embedded in international investment regimes for environmental justice claims and, more broadly, the goal of sustainable development. The thesis highlights the need for further research into investor-state investment arbitrations and provides evidence that significant reform is necessary in order for the institution to be reconciled with the SDGs.

text: Effective, accountable and inclusive institutions? An analysis of the Chevron v. Ecuador (II) investment arbitration and the Lago Agrio environmental justice movement The international investment agreement regime, one of the more obscure global institutions, has a significant impact upon how states, local governments and communities develop. Many investment agreements include investor-state dispute settlement (ISDS) mechanisms, which seek to protect investors from unjust expropriation by host states. Yet, the implications of such a mechanism for fulfilling the vision of the United Nation’s Sustainable Development Goals (SDGs) have never been studied. This thesis examines the ISDS mechanism by conducting a case study of the Chevron v. Ecuador (II) [CvE2] investment arbitration. 
The thesis analyses case documents such as hearing transcripts, decisions and submissions to identify the discourses at work within the arbitration; determine the implications of such discourses for processual developments; and explore how such processes influence the space afforded to those nongovernmental organisations and environmental justice groups affected by the arbitration. The research utilises an analytical framework informed by critical development theory and environmental justice theory, to demonstrate that the CvE2 arbitration is dominated by an exclusive discourse that prioritises a strict adherence to international investment law, to the exclusion of other principles such as those of international human rights law and environmental law. The dominance of such a discourse reduces the legitimacy of the institution and its rulings for many key stakeholders. The findings also reveal that marginalised stakeholders, such as environmental organisations representing indigenous communities, were refused access to the arbitrations though they were materially affected by the claims, and additionally, were denied consideration - whereby the material impact of the ruling upon the stakeholder group was deemed irrelevant to the proceedings. The findings provide evidence that ISDS, in its current form, is incompatible with the United Nation’s goal for ‘effective, accountable and inclusive institutions’ (United Nations Development Programme, 2016, p. 1). 
This thesis contributes to the scholarship on environmental justice and environmental policy through its analysis of the implications of arbitration mechanisms embedded in international investment regimes for environmental justice claims and, more broadly, the goal of sustainable development. The thesis highlights the need for further research into investor-state investment arbitrations and provides evidence that significant reform is necessary in order for the institution to be reconciled with the SDGs.

year: 2017

title: The third-order law for magnetohydrodynamic turbulence with shear: Numerical investigation

authors: Wan, Minping

subjects: numerical analysis

abstract: The scaling laws of third-order structure functions for isotropic, homogeneous, and incompressible magnetohydrodynamic (MHD) turbulence relate the observable structure function with the energy dissipation rate. Recently [ Wan et al. Phys. Plasmas 16, 090703 (2009) ], the theory was extended to the case in which a constant velocity shear is present, motivated by the application of the third-order law to the solar wind. We use direct numerical simulations of two-dimensional MHD with shear to confirm this new generalization of the theory. The presence of the shear effect broadens the circumstances in which the law can be applied. Important implications for laboratory and space plasmas are discussed.

text: The third-order law for magnetohydrodynamic turbulence with shear: Numerical investigation The scaling laws of third-order structure functions for isotropic, homogeneous, and incompressible magnetohydrodynamic (MHD) turbulence relate the observable structure function with the energy dissipation rate. Recently [ Wan et al. Phys. Plasmas 16, 090703 (2009) ], the theory was extended to the case in which a constant velocity shear is present, motivated by the application of the third-order law to the solar wind. We use direct numerical simulations of two-dimensional MHD with shear to confirm this new generalization of the theory. The presence of the shear effect broadens the circumstances in which the law can be applied. Important implications for laboratory and space plasmas are discussed.

year: 2010

title: Bilingual behaviour checklists: initiating a student, teacher and parent partnership in behaviour management.

authors: Glynn, Ted

subjects: bilingual education

abstract: Three bilingual (Maori and English) behavioural checklists formed part of a project designed to facilitate student, teacher and whanau collaboration in overcoming behavioural difficulties experienced by Maori students, (Hei Awhina Matua). The checklists assessed rankings by 163 students, 21 teachers and 96 whanau members of (1) contexts in which problem behaviours occur, (2) specific problem behaviours and (3) specific most valued behaviours. Data were gathered in three schools: a mainstream intermediate school with a Māori medium syndicate of three classes, a rural Kura Kaupapa Maori (Maori-controlled total immersion school) and a bilingual contributing primary school. While the three schools differed markedly in location, size, and in the proportion of Maori students enrolled, the rankings of settings and behaviours by students, teachers and whanau in each school were highly similar. The paper discusses how these data contributed to the design and development of the Hei Awhina Matua video and training manual, and provided a first step towards a collaborative student teacher and parent partnership in the management of student behaviour.

text: Bilingual behaviour checklists: initiating a student, teacher and parent partnership in behaviour management. Three bilingual (Maori and English) behavioural checklists formed part of a project designed to facilitate student, teacher and whanau collaboration in overcoming behavioural difficulties experienced by Maori students, (Hei Awhina Matua). The checklists assessed rankings by 163 students, 21 teachers and 96 whanau members of (1) contexts in which problem behaviours occur, (2) specific problem behaviours and (3) specific most valued behaviours. Data were gathered in three schools: a mainstream intermediate school with a Māori medium syndicate of three classes, a rural Kura Kaupapa Maori (Maori-controlled total immersion school) and a bilingual contributing primary school. While the three schools differed markedly in location, size, and in the proportion of Maori students enrolled, the rankings of settings and behaviours by students, teachers and whanau in each school were highly similar. The paper discusses how these data contributed to the design and development of the Hei Awhina Matua video and training manual, and provided a first step towards a collaborative student teacher and parent partnership in the management of student behaviour.

year: 2001