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CIGI Papers

The Impact of Financial Sector Sustainability Regulations on Banks

October 1, 2015
CIGI Paper No. 77
Olaf Weber and Olawuwo Oni
This paper analyzes the impact of three financial sector sustainability regulations: the Chinese green credit guidelines, the Nigerian Sustainable Banking Principles and the Bangladesh Environmental Risk Management Guidelines. All three address the connection between financial sector activities and sustainable development, and develop guidelines for sustainable banking policies, strategies, practices, products and services.

The Dark Web Dilemma: Tor, Anonymity and Online Policing

September 30, 2015
Online anonymity-granting systems such as The Onion Router (Tor) network can be used for both good and ill. The Dark Web is possible only because of online anonymity.

The Tor Dark Net

September 30, 2015
GCIG Paper No. 20
Gareth Owen and Nick Savage
The term “Dark Net” is loosely defined, but most frequently refers to an area of the Internet only accessible by using an encryption tool called The Onion Router (Tor). Tor is a tool aimed at those desiring privacy online, although it frequently attracts those with criminal intentions.

The Strengths and Weaknesses of the Brazilian Internet Bill of Rights: Examining a Human Rights Framework for the Internet

September 29, 2015
GCIG Paper No. 19
Carolina Rossini, Francisco Brito Cruz, and Danilo Donedo
The Marco Civil da Internet (MCI) — also known variously as the Brazilian Internet Bill of Rights, Brazilian Civil Rights Framework for the Internet or the Internet constitution — was approved in Brazil in April 2014 after more than seven years of intense national and international debate and a series of postponed votes in the Brazilian Congress. It established rights of Internet users, state obligations to foster Internet use, and duties and liabilities of companies — both Internet connection providers and Internet application providers. This paper takes the methodologies first developed by former United Nations Special Rapporteur on Freedom of Expression Frank La Rue and applies them to the MCI as a first step toward evaluating its treatment of human rights online.

Investor-State Arbitration Between Developed Democratic Countries

September 25, 2015
Investor-State Arbitration Paper Series No. 1
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. 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.

Simplifying Sovereign Bankruptcy: A Voluntary Single Host Country Approach to SDRM Design

September 2, 2015
CIGI Papers No. 76
This paper presents a new way to design a court-based sovereign debt restructuring mechanism. While most proposals for such mechanisms aim to develop a multi-country or global mechanism to restructure sovereign commercial debts, this proposal suggests that a single country could set up a sovereign bankruptcy court and invite debtors to use its legal system to gain the benefit of the mechanism.

The Impact of BITs and DTTs on FDI Inflow and Outflow: Evidence from China

August 27, 2015
CIGI Papers No. 75
Heijing Chen, Chunding Li, and John Whalley
This paper examines the impact of both China’s bilateral investment treaties and double tax treaties simultaneously on China’s bilateral foreign direct investment inflows and outflows.

Landmark EU and US Net Neutrality Decisions: How Might Pending Decisions Impact Internet Fragmentation?

July 30, 2015
GCIG Paper No. 18
Ben Scott, Stefan Heumann, and Jan-Peter Kleinhans
During the past decade, net neutrality has become a central issue in the debate over further development of the Internet. At a time when the United States has just adopted a landmark regulation on net neutrality and the European Union is in the final stages of defining its own position on net neutrality, this paper looks ahead and analyzes the implications of these decisions with a particular focus on their impact on Internet fragmentation.

The Emergence of Contention in Global Internet Governance

July 21, 2015
GCIG Paper No. 17
The emergence of contention in Internet governance entails a twofold shift in the nature of the problems posed by Internet governance: first, cooperation problems have emerged where few previously existed; and second, existing coordination problems have become increasingly difficult to manage as a result of a rapidly increasing number of players and heightened distributional consequences.

Global Cyberspace Is Safer than You Think: Real Trends in Cybercrime

July 10, 2015
GCIG Paper No. 16
What are the real trends in cybercrime? Recent media coverage has been rife with stories of large-scale data breaches, hacks and online financial crime. IT security firms publish yearly reports that generally show the security of cyberspace to be poor and often getting worse, but, as argued in this paper, the level of security in cyberspace is actually far better than the picture we’re given.
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