{"title":"The Intersection of Public Procurement Law and Policy, and International Investment Law","authors":"Dominic Npoanlari Dagbanja","doi":"10.18356/74337d5d-en","DOIUrl":"https://doi.org/10.18356/74337d5d-en","url":null,"abstract":"There is substantial scholarship on the limitations that international investment agreements (IIAs) place on States authority to regulate in the public interest. An area of fundamental importance that has not received scholarly attention in connection with IIAs is public procurement regulation. Given that public procurement is about the needs of States and their citizens, States would want to retain their authority within municipal public procurement laws to decide with whom to contract to meet those needs, and to pursue socioeconomic and industrial policies through procurement. However, most States are parties to IIAs, which impose obligations on them with respect to the protection of foreign investment. This article explores this seminal issue of whether IIAs stand to limit the authority of States in the implementation of procurement legislation and policies. Based on textual analysis and arbitral case study, it argues that treaty-based standards of investment protection can limit States authority on the implementation of methods of procurement (such as national competitive tendering or restricted tendering) and socioeconomic policies in procurement. A question that needs fuller engagement is the extent of conflict between specific IIAs and public procurement laws and policies, either regionally or globally, and how to reconcile conflicting obligations to promote foreign investment and sustainable development. This article provides the foundation for such future research.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131674465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Let's Get This Bread: A Study of Cottage Food Laws and How Cottage Bakers are Baking the Way to Sustainability","authors":"Mary C Taylor","doi":"10.2139/ssrn.3663408","DOIUrl":"https://doi.org/10.2139/ssrn.3663408","url":null,"abstract":"This paper provides a two-part analysis showing how cottage bakers are the newest key players in a sustainable, cradle-to-grave bread movement. The first part gives an illustrative analysis of the different cottage food laws among states and breaks down the impact that different restrictions within cottage food laws can have on cottage bakers. It also emphasizes how cottage food laws have allowed bread bakers to enter the local market that otherwise would be laden with higher financial and regulatory barriers. The second part analyzes the federal programs that provide support and funding for establishing the infrastructure needed to create local grain economies. This highlights the relatively new Local Food Promotion Program grant that has been used by several entities for a local grain economy's infrastructure. The conclusion brings the two-part analysis together to show that conditions are ripe for wheat to become sustainable and local. The most exciting part? These laws and this movement are still in their infancy and should be watched closely. The hope is that putting out this research will help shed light on the real-life and tangible impacts of cottage food laws, and how they can be improved to further support these systemic changes.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130085170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Price Effects from the Merger of Agricultural Fertilizer Manufacturers Agrium and PotashCorp","authors":"Nicholas Kreisle","doi":"10.2139/ssrn.3664047","DOIUrl":"https://doi.org/10.2139/ssrn.3664047","url":null,"abstract":"In 2018, Agrium and PotashCorp merged to become the world’s largest manufacturer of potash, from which potassium is extracted for use as one of the three main nutrients in agricultural fertilizer. The merged firm held a 60 percent share of North American capacity, suggesting the merger may have been close to the enforcement margin. This paper studies the effects of the merger on North American potash prices relative to offshore prices and other crop nutrients. The evidence does not indicate that the firms were able to impose an anti-competitive price increase in the wake of the merger.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123992319","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Preparing Legal Frameworks for Environmental Disasters: Practical Considerations for Host States","authors":"B. Guven, P. Toledano, Lise Johnson","doi":"10.2139/ssrn.3660938","DOIUrl":"https://doi.org/10.2139/ssrn.3660938","url":null,"abstract":"Projects in the extractives sector carry risks of lasting, and sometimes irreversible, damage to the environment. Nonetheless, these projects are important for accelerating the economic development of host countries. Governments seeking to mitigate the adverse effects of foreign investment often face push-back from investors that are unwilling to change their practices in order to avert environmental disaster. This report sets forth certain steps that host-governments can take during the pre-investment, operation, and enforcement phases of extractives projects to provide financial and other protection in the context of environmental disasters associated with private sector investments.<br><br>Upon comparative review of five Case Study Countries (Canada, Chile, the UAE, Indonesia, and Uganda), the authors of this report found that the most important factor impacting a host government’s ability to hold developers accountable for environmental harm is a gap between applicable environmental legislation and the enforcement of this legislation. The report then provides several recommendations for addressing this discrepancy, with an emphasis on the role of planning and robust legal and regulatory frameworks, as well as an analysis of a variety of safeguards (including, but not limited to, impact assessments, stakeholder engagement, and financial penalties) to be deployed at each of the three phases of a project. It also discusses the role of financial institutions in promoting best practices and mitigating risks and minimizing the fallout from investment-related environmental disasters.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123675114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ten Global Trends in Regulation: A Future Outlook","authors":"J. van der Heijden, G. Hodge","doi":"10.1007/978-3-030-03008-7_2-1","DOIUrl":"https://doi.org/10.1007/978-3-030-03008-7_2-1","url":null,"abstract":"","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"352 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115980534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Decommissioning of (Abandoned or Disused) Offshore Installations","authors":"Constantinos Yiallourides, Greg W. Gordon","doi":"10.2139/ssrn.3383115","DOIUrl":"https://doi.org/10.2139/ssrn.3383115","url":null,"abstract":"The purpose of this chapter is to provide an overview of the international legal regime relating to the decommissioning of offshore oil and gas installations, with particular focus on environmental protection. The chapter is divided into four main sections. After the Introduction, the following section examines the rules governing the removal of abandoned or disused installations. The next section looks at the rules relating to the disposal of offshore installations by dumping. Section IX.24.4 examines the rules relating to the pollution of the marine environment arising from, or in connection with, decommissioned offshore installations. The final section before the Conclusion looks at the possibility of leaving abandoned or disused installations on the seabed to be used for other purposes, including use as artificial reefs, promoting and supporting marine biodiversity and fisheries, thus contributing to healthy marine ecosystems.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117218854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Privatization and Deregulation of the Airline Industry","authors":"Achim I. Czerny, Hao Lang","doi":"10.2139/ssrn.3469449","DOIUrl":"https://doi.org/10.2139/ssrn.3469449","url":null,"abstract":"The aviation industry doubles market size every 15 years. This growth is partly determined by changes in government regulations. The present chapter describes how the privatization and deregulation of airline markets has contributed to this development. First, we describe the historic development of the airlines’ regulatory environments and ownerships across countries, regions, and continents. Areas including the United States, the European Union, China, India, the countries of Africa and the South East Asian Nations serve as the representative markets and are discussed in more detail. It is shown that deregulation in the air transport market has become a mainstreamdevelopment, and that deregulation has changed aviation markets in many positive ways. Deregulation generally led to stronger competition, reduced fares, increased flight frequencies, more connections, and increased passenger numbers. But deregulation is still far from completion, which illustrates the potential for further improvements of aviation markets. Second, we briefly describe the airlines’ privatization development around the world. Many studies showed that public airline ownership can be associated with major financial losses, while private ownership can help to avoid such losses by improving efficiency and increasing revenues. However, a large share of today’s airlines is still completely or partly government owned.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"428 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115648829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sparks Are Flying: The Growing Tension Between Energy Storage and Fire Safety Stakeholders","authors":"Abi Christoph","doi":"10.2139/ssrn.3675102","DOIUrl":"https://doi.org/10.2139/ssrn.3675102","url":null,"abstract":"This paper explores how overly zealous and protective battery energy storage codes could ultimately work against the goals of consumers by demonstrating the complex relationship between energy needs, potential hazards, and regulation. To ground this discussion, this paper first gives an overview of what energy storage is, what the key hazards are regarding storage, and why it is vital component of renewable energy generation. The nuanced relationship between the needs of consumers and motivation of regulators is illustrated by examining how energy storage could have mitigated some of Hurricane Sandy’s impact on New York City and also how N.Y.C.’s 2018 outdoor energy storage guidelines effectively limit the access to energy storage. Finally, this paper provides several recommendations regarding how to develop battery energy storage regulations that better protect consumers while still enabling consumers to benefit from energy storage.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123050403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Eirik S. Amundsen, L. Hansen, Hans Jørgen Whitta-Jacobsen
{"title":"Regulation of Location-Specific Externalities","authors":"Eirik S. Amundsen, L. Hansen, Hans Jørgen Whitta-Jacobsen","doi":"10.2139/ssrn.3284528","DOIUrl":"https://doi.org/10.2139/ssrn.3284528","url":null,"abstract":"In this paper, we study regulation of externalities involving many small-scale polluters, where the damages from emissions depend on the polluters’ locations. Examples include nutrient and pesticide emissions from farms, particulate emissions from vehicles and home heating units, emissions of hazardous chemical compounds from small business etc. With such emission problems, regulatory authorities often apply a combination of firm-level, possibly differentiated standards for ‘cleaner’ technologies, and market-level, undifferentiated dirty input regulations. We establish general principles for how such regulations should be designed and combined. We find that the optimal regulation design crucially depends on the type of cleaner technologies available to polluters. If these are ‘emission capturing’, optimal technology standards encourage the use of cleaner technologies in both high and low damage areas, while if they are ‘input displacing’, optimal technology regulation encourages cleaner technologies in high damage areas, but discourages their use in low damage areas. Regulation should always discourage the use of dirty input and the optimal regulation intensity may be substantial, particularly if the available cleaner technologies are input displacing.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115496678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Two Birds, One Stone? Local Pollution Regulation and Greenhouse Gas Emissions","authors":"Claire Brunel, E. Johnson","doi":"10.2139/ssrn.2778386","DOIUrl":"https://doi.org/10.2139/ssrn.2778386","url":null,"abstract":"In most countries, environmental regulation focuses on local pollution, which causes damages near the emission source, while regulation on global pollutants such as greenhouse gases (GHGs) has been slow. Theoretically, local and global pollutants can either be substitutes or complements in production. A firm's response to local pollution regulation can lead greenhouse gas emissions to decrease if the firm switches energy source from oil to natural gas, or to increase if it reduces the temperature of a natural gas-fired boiler, which causes NOx emissions to fall but CO2 emissions to rise. Consequently, local pollution regulation may either intensify or reduce global warming concerns. We exploit new data on US GHG emissions and variation in local pollution regulation across US counties to estimate this relationship. We find no evidence that more stringent local pollution regulation changes GHG emissions from the non-energy sectors. The lack of a statistically detectable effect cannot be explained by a decrease in production or by firms switching production to less regulated countries, and it is true on aggregate as well as for individual polluting industries, though in some instances the coefficients are not precisely estimated. Therefore, local pollution regulation is unlikely to suffice to address global warming.","PeriodicalId":223263,"journal":{"name":"SRPN: Regulation (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121774236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}