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CIGI Papers

The Evolution of Bonding Technology, Creditor Committees and the IMF

April 15, 2016
CIGI Papers No. 100
This paper reviews a range of issues associated with proposals for creditor engagement clauses (CECs) in sovereign bond contracts. CECs have moved onto the international policy agenda in the wake of the recent introduction of model “second-generation” collective action clauses (CACs) designed to address problems highlighted by the protracted litigation between Argentina and its holdout creditors.

Patents and Internet Standards

April 15, 2016
GCIG Paper No. 29
Jorge L. Contreras
A review of case statistics shows that patent filing and assertion activity is substantially lower for Internet-related standards than for standards relating to telecommunications and other computing technologies. This paper analyzes historical and social factors that may have contributed to this divergence, focusing on the two principal Internet standards bodies: the Internet Engineering Task Force and the World Wide Web Consortium.

Risks of a Selective Approach to Investor-State Arbitration

April 13, 2016
Investor-State Arbitration Series, Paper No. 3
Hugo Perezcano addresses some of the flaws in the arguments that have been advanced against investor-state arbitration (ISA). Excluding ISA from international investment agreements will not resolve any of the underlying problems, actual or perceived, the author argues. It is likely to intensify others, such as fragmentation of international investment law, and to fuel adverse reactions and political rhetoric from those countries upon which the system continues to be imposed. A better approach would be to work toward improving the system.

Responding to Security Challenges in East Asia: Three Perspectives

April 8, 2016
CIGI Paper No. 99
John Ravenhill
This paper examines the security context of the Australia-Indonesia relationship. East Asia presents a fundamental paradox for scholars of international relations. It has arguably more sources of interstate tension than any other region of the developing world. However, it has experienced no significant interstate conflict since the end of the China-Vietnam war in 1979.

Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation

April 1, 2016
GCIG Paper No. 28
B. de La Chapelle and Paul Fehlinger
The cross-border Internet and its online spaces span a fragmented patchwork of national jurisdictions. As connectivity and Internet penetration increase, so do the conflicts between jurisdictions. Such conflicts challenge the Westphalian international system, and traditional modes of legal cooperation struggle to resolve these jurisdictional tensions.

China and Global Energy Governance under the G20 Framework

March 29, 2016
CIGI Paper No. 98
This paper explores China’s perspectives and practices in its quest for overseas energy supply security and its participation in international energy cooperation since becoming a net oil import country in 1993. It compares the traditional approach, in which China mainly focuses on bilateral means to pursue its overseas energy supply security, and the new concept of energy security, in which greater involvement in global energy governance, in particular in the Group of Twenty, is highlighted to promote China’s energy security.

Spotlight on Yemen's Forgotten War and Humanitarian Disaster: Preventing the Next Syrian Refugee Crisis

March 23, 2016
CIGI Paper No. 97
Yemen’s humanitarian situation is arguably the worst humanitarian crisis in the world and the world is looking the other way. The number of refugees is steadily rising and Yemen is seriously at risk of becoming the next Syrian refugee crisis. With Yemen, the past is poised to repeat itself unless the world takes notice. International support for UN-initiated peace talks — to include pressure on Saudi Arabia and Iran, who are both active players in the Yemen conflict — is equally essential to mitigating Yemen’s humanitarian disaster, ending the conflict, and ensuring that Yemen’s displaced citizens can ultimately return home.

A Threat to Stability? Islamic Extremism and Fundamentalism in Indonesia

March 21, 2016
CIGI Paper No. 95
Jacques Bertrand and Jessica Soedirgo
While Islamic fundamentalism and extremism are a part of Indonesia’s religious and political landscape, they are not on the rise in Indonesia, nor do they pose many risks to its stability as a whole. Both fundamentalism and extremism are symptoms of broader problems in Indonesia — specifically, economic inequality, a disillusionment with democracy and a weak rule of law. Addressing these three broader problems should lead to progress in dealing with the problems of religious fundamentalism and extremism.

The Future of Canada's Oil Sands in a Decarbonizing Global Economy

March 15, 2016
CIGI Paper No. 94
Canadian Prime Minister Justin Trudeau and Alberta premier Rachel Notley have both argued that improving Canada’s emissions record will safeguard the future development of the oil sands. The perspective offers little recognition of the current problems facing the country’s largest energy resource, and even less recognition of the problems that the oil sands will encounter as a result of actions taken by other countries to limit their own carbon emissions as pledged recently at the twenty-first session of the Conference of the Parties to the United Nations Framework Convention on Climate Change. As climate change compels deep decarbonization of the global economy, emission restrictions around the world will destroy demand for billions of barrels of oil over the coming decades, severely impairing the economic viability of high-cost producers.

The European Union and Investor-State Dispute Settlement: From Investor-State Arbitration to a Permanent Investment Court

March 11, 2016
Investor-State Arbitration Series, Paper No. 2
This paper analyzes in detail the development of the European Union’s position toward the use of investor-state arbitration as a means for settling investor-state disputes, especially in light of growing public opposition to its use.
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