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  • Author: Armand de Mestral
  • Publication Date: 09-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Investor-state arbitration (ISA), also known as Investor-State Dispute Settlement (ISDS), by which a foreign investor is entitled to sue a state for damages resulting from the alleged violation of an applicable bilateral investment treaty or an investment chapter in a regional trade agreement, has come under scrutiny in many parts of the world. But in no countries has it been subject to greater scrutiny and challenge than in developed democracies. First in Canada and the United States as a result of the adoption of NAFTA Chapter 11, subsequently in the European Union as a result of the adoption of the International Energy Charter, and latterly in other countries such as Australia, critics have alleged that ISA grants an undue privilege to foreign investors whose complaints should be heard by domestic courts instead of panels of international arbitrators. Availability of ISA is in fact worldwide, due to a network of more than 3,200 investment treaties; criticisms have been voiced in different parts of the world and various proposals for change have been made. The criticisms in developed democracies have become sufficiently strong for it to be necessary to raise the question of whether recourse to ISA is appropriate in any form in developed democracies. Armand de Mestral’s paper is the first in the Investor-State Arbitration project. The series of papers will be prepared by leading experts from a number of developed democracies. Each will review the experience of ISA within specific jurisdictions, with a view to understanding the debates that have occurred in each one. The focus of the debate is on developed democracies, but the implications for the whole international community are very much in mind.
  • Topic: Development, Energy Policy, Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, Democracy
  • Political Geography: United States, Canada
  • Author: Joel Blit
  • Publication Date: 11-2015
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The case for patents rests crucially on three conditions: that innovation is undersupplied in the absence of patents; that patents promote increased innovation; and that the welfare benefits of any additional innovation outweigh the welfare costs associated with the temporary monopoly that patents generate. While it is probably true that innovation is undersupplied, the empirical evidence is mixed on whether patents foster innovation. This may be due to patents stifling cumulative innovation because of holdup and ex ante uncertainty over patent rights. This policy brief recommends that to reduce the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
  • Topic: Human Welfare, Science and Technology, Intellectual Property/Copyright, Governance
  • Political Geography: United States
  • Author: Dr. Mary Manjikian
  • Publication Date: 04-2015
  • Content Type: Working Paper
  • Institution: The Strategic Studies Institute of the U.S. Army War College
  • Abstract: An analysis of weapons-based confidence-building measures shows how academics can work together to self-police their research for national security implications, socialize new members of the academic community into the importance of considering security issues, and develop and disseminate norms regarding what is and is not a moral and ethical use of these technologies. It may be possible for academics and policymakers to come together to work for a ban or build-down on cyber weapons patterned on international efforts to ban chemical and biological weapons and implement export regimes to control the export of code which may form the components of cyber weapons. If we conceptualize cyberspace as territory, we can also learn from the example of territorially-based confidence-building measures such as those implemented along the Indo-Pakistan border. This approach stresses the importance of developing notification procedures to prevent misperceptions and the escalation spiral, as well as communicating regularly to establish trust between all parties. The case studies presented here illustrate the promises and pitfalls of each approach and offer valuable warnings to policymakers seeking to implement such measures in cyberspace. They show what happens when not everyone in a regime is equally committed to a specific outcome by illustrating the difficulties of monitoring compliance in confidence-building regimes, and show the ways in which doctrines and confidence-building measures may not be perfectly aligned.
  • Topic: Security, National Security, Science and Technology, War, Weapons of Mass Destruction, Cybersecurity
  • Political Geography: United States, Global Focus
  • Author: Dr. Larry D. Miller
  • Publication Date: 03-2015
  • Content Type: Working Paper
  • Institution: The Strategic Studies Institute of the U.S. Army War College
  • Abstract: The Army War College Review, a refereed publication of student work, is produced under the purview of the Strategic Studies Institute and the United States Army War College. An electronic quarterly, The AWC Review connects student intellectual work with professionals invested in U.S. national security, Landpower, strategic leadership, global security studies, and the advancement of the profession of arms.
  • Topic: Security, National Security, War, Global Security
  • Political Geography: United States
  • Author: Peter Van Ness
  • Publication Date: 01-2014
  • Content Type: Working Paper
  • Institution: Australian National University Department of International Relations
  • Abstract: In 2012, the University of Chicago Press published a special fiftieth anniversary edition of Thomas Kuhn?s influential book, The Structure of Scientific Revolutions. Kuhn, who died of lung cancer in 1996, was a physicist trained at Harvard University and is best known for his work on the history and philosophy of science. His interpretation of the evolution of science and the concept of "paradigm change? have had a major impact on our understanding of intellectual life, both in the physical sciences and in the social sciences. This paper briefly reviews Kuhn?s approach, and then applies it to an analysis of the current state of International Relations theory in a critique of Realism. My argument is that Realism, as what Kuhn would call "normal science? in International Relations theory, is in crisis because of its inability to explain a growing number of anomalies, which in turn can be better explained by a different paradigm, Cooperative Security.
  • Topic: International Relations, Security, International Cooperation, Politics, Science and Technology, Political Theory, History
  • Political Geography: United States, United Nations
  • Author: Cornelius Adebahr
  • Publication Date: 01-2014
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: After years of tension, sanctions, and deadlocked negotiations, Hassan Rouhani, Iran's relatively moderate new president, has provided an opening for improved relations between the Islamic Republic and the West. While Rouhani has not ushered in a new Iran, Tehran has adopted a more conciliatory tone on its nuclear program since he took office. This shift is more than just talk, but the West will have to carefully calibrate its response to determine whether Rouhani's changed rhetoric signals the beginning of a new direction for Iran.
  • Topic: Foreign Policy, Diplomacy, Islam, Nuclear Weapons
  • Political Geography: United States, Iran, Middle East
  • Author: Jose J. Villamil
  • Publication Date: 01-2014
  • Content Type: Working Paper
  • Institution: Center for Strategic and International Studies
  • Abstract: Puerto Rico's economic situation circa 1950 was vastly different than today's. In the 1940s through the first half of the 60s, the island experienced a sustained boom, with annual growth rates on the order of 7 percent; the island was hailed as a model for developing countries. It instituted major reforms in government, economic and social programs, and the health sector. Puerto Rico, in coordination with the U.S. federal government, hosted thousands of observers from around the world who came to Puerto Rico to learn about its successful development model.
  • Topic: Crime, Economics, Narcotics Trafficking, Financial Crisis
  • Political Geography: United States
  • Author: Katherine Zimmerman
  • Publication Date: 02-2014
  • Content Type: Working Paper
  • Institution: American Enterprise Institute for Public Policy Research
  • Abstract: Yemen is at a pivotal moment today, three years after the outbreak of popular protests, and the future of America's strategy against al Qaeda in the Arabian Peninsula (AQAP) is on the line. Yemen is in the midst of a political transition process that will eventually reform and decentralize the government. But the success of the effort is by no means assured. The reforms will not, in any case, address the deteriorating socioeconomic conditions that provide fertile ground for al Qaeda. Moreover, the central state, never fully able to exercise its sovereignty throughout the country, is weaker than it was before 2011. Opposition groups, which have turned to violence in the past, may still seek to form independent states of their own, potentially collapsing the fragile Yemeni state structure entirely. American interests are bound up in this process by the fact that AQAP is among the most virulent al Qaeda affiliates that poses a direct threat to the U.S. homeland. Syria, Iran, and other foreign and domestic policy issues are distracting the United States and its regional partners from sustained engagement in Yemen. Without international support, the country is much less likely to ride this transition process smoothly and our security interests will be severely harmed.
  • Topic: Islam, Terrorism, Armed Struggle, Insurgency, Governance
  • Political Geography: United States, Middle East, Yemen, Arabia
  • Author: Robert N. McCauley, Catherine R. Schenk
  • Publication Date: 02-2014
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: This paper analyzes the discussion of a substitution account in the 1970s and how the account might have performed had it been agreed in 1980. The substitution account would have allowed central banks to diversify away from the dollar into the IMF's Special Drawing Right (SDR), comprised of US dollar, Deutschmark, French franc (later euro), Japanese yen and British pound, through transactions conducted off the market. The account's dollar assets could fall short of the value of its SDR liabilities, and hedging would have defeated the purpose of preventing dollar sales. In the event, negotiators were unable to agree on how to distribute the open-ended cost of covering any shortfall if the dollar's depreciation were to exceed the value of any cumulative interest rate premium on the dollar. As it turned out, the substitution account would have encountered solvency problems had the US dollar return been based on US treasury bill yields, even if a substantial fraction of the IMF's gold had been devoted to meet the shortfall at recent high prices for gold. However, had the US dollar return been based on US treasury bond yields, the substitution account would have been solvent even without any gold backing.
  • Political Geography: United States, Asia
  • Author: Roger Ballentine, Andy Karsner
  • Publication Date: 03-2014
  • Content Type: Working Paper
  • Institution: Aspen Institute
  • Abstract: We are still in the early stages of a transformation of the U.S. electricity sector into a cleaner, more flexible, more resilient, and more dynamic system. The early history of investment in and adoption of clean energy technologies and practices has been mixed. The venture capital model has proven to be inadequate for scaling up clean energy, and anticipated policy developments have been slow to be realized. The sector-reshaping impact of unconventional gas, uneven capitalization of clean energy companies, and the mixed signals of government policymakers have slowed the march to a more distributed energy economy rooted in the greater use of renewables, the more efficient use of energy, and the optimization of information technologies in the energy sector.
  • Topic: Climate Change, Economics, Energy Policy, Industrial Policy, Markets, Science and Technology
  • Political Geography: United States