ALBERT

Description: Diffuse nutrient pollution from agriculture has been the concern of policymakers for several decades, and yet it remains a persistent environmental issue. The current approach to mitigating the problem is predominantly via command and control regulation within the Nitrates Directive and the Water Framework Directive. This article will set out how diffuse pollution can be considered a wicked policy problem which acts as an explanation of how it has eluded the current regulatory regime. It will further establish that the traditional planning process overlooked the complexity of the problem. Finally, it will illustrate the ineffectiveness of the current regulatory framework to mitigate the problem. This will be exemplified through the legal framework of Northern Ireland.

Description: This analysis explores new developments in judicial review of planning policy interpretation. It shows how the nature of policy, often contextual and judgment-dependent, has led the UK Supreme Court to rethink the standard of review applicable to this issue. By considering the recent decision in Samuel Smith as part of a trilogy of cases—including Tesco Stores and Hopkins Homes—this analysis reveals a change in judicial attitudes, away from the expansive judicial supervision upheld in Tesco Stores. Furthermore, this study reflects on how this change is related to two wider ideas. The first is the Court’s understanding of the law and policy divide in the planning field, whilst the second is to do with a pragmatic stance regarding the purpose of the planning system and the institutional role of the courts in it. Finally, this analysis shows how the new approach emphasises the distinctive character of policy in the planning context.

Description: ‘Basic research’ is based on epistemological and intentional criteria. In terms of science policy, however, these criteria imply contradictory views on investment in ‘basic research’. The former espouses the linear model of innovation and encourages policy-makers concerned with economic problems to expand investment on basic research. However, the latter can collide with the policy norm of policy-makers and discourage investment in ‘basic research’ in an institutional setting where the nation-state prevails over scientists, as in South Korea. Emphasizing policy ideas and policy learning, this paper empirically shows that changes in investment priority and the emergence of new concepts about ‘basic research’ are co-products of a policy paradigm of the linear model and a policy norm of industrial competitiveness in Korea. Specifically, emphasis was placed on the balance between pure and oriented basic research, but moved on to ‘oriented basic research’, ‘basic engineering’, and to ‘basic research’ coupled with ‘woncheon-technology’.

Description: Contending that collaboration management practices and interpersonal relationships are the main factors in successful collaboration in R&D, scholars have turned their attention to the relationships between collaborators. Internal factors in research collaboration activities are not yet understood at the team level. They are the so-called black box of collaboration study. The purpose of this paper is to empirically demonstrate how factors relating to team characteristics, motivation, and processes influence research impact. The study works from a multi-theoretical perspective, extending from behavioral science to general management study, and seeks to answer the question: How should we organize and manage a collaborative team to improve its research impact? The empirical results show that, along with previously identified qualitative and quantitative factors, input factors such as: project motivation, transformational leadership, frequent face-to-face communication, more outsourcing, more attentional resource, and more evenly distributed workload improve research impact.

Description: It is often argued that the unintended consequences of science policy transformation over the last 50 years—increased role of fixed-term project funding, evaluation and temporary contracts—are short-termism, fragmentation and limited freedom to choose research topics and collaborators. This paper focuses on a phenomenon that should be highly unlikely in this context: long-term international research collaborations lasting over 10 and 20 years which remain creative and productive. To shed light on the little studied topic of why and how long-term international research collaborations evolve, the paper develops a mid-range theory from multiple longitudinal case studies. It suggests that long-term collaborations combining formal and informal interactions operate as virtuous circles whereas earlier results ensure feedback loops and thematic and organisational continuity, but renewal is crucial. The emergent theory is built from multiple data sources and methods analysing international collaborations in the emerging field of nanosciences in Europe.

Description: The STInno project, which was part of the EU Framework Programme 7 aimed to minimise the distance between south–north regions in Europe with a specific focus on wastewater treatment clusters. Three triple helix collaborations from three different countries participated, using their knowledge to work on a case study of olive mill wastewaters. The objective of this paper was to study how the triple helix functioned in practice. Results showed that a management model of the triple helix is somewhat different from the analytical model. A shift between these two views occurred during the project and the participants had to relate to this, as it had an effect on the outcomes. Concepts of social capital and trust are used to further elaborate on this by emphasising the importance of the people side of the triple helix and how the original, analytical model can be limiting when used in management practice.

Description: We empirically study how the characteristics of research and innovation systems influence the openness of national research funding programmes as regards the availability of funding to non-resident researchers. Based on a unique data set of national R&D programmes in the EU27 we identify a number of country-specific factors. These factors determine the degrees of programme openness observed when controlling for programme features in a hierarchical estimation model. Interestingly, we find that the quality and performance of national research add to the explanation of programme openness, whereas national integration into EU funding and research collaboration does not.

Description: Energy security remains a vital issue for the European Union (EU), even more so in the wake of the events that unfolded in early 2014 in Ukraine. The EU’s already fragile position in the international energy arena in terms of security of supply appears to be more uncertain than ever after its umpteenth fallout with its historic energy supplier, Russia. This situation is untenable and calls for swift and decisive action to adequately tackle the issue once and for all. The article looks at the creation of a single EU energy market through integration of energy networks in the EU. It then examines various ways to diversify the EU’s energy supply, whether through increasing the import of liquefied natural gas, through its relations with the Eurasian Union, the promotion of renewable energy or the construction of alternative pipelines and energy routes. The article then offers an analysis of the latest developments of the Energy Charter Conference. The article concludes that from energy transit, to technology transfer, to investment protection, energy and trade present interplays across various fields. Improvements can be made to the EU trading system to ensure greater energy security and more efficient energy markets.

Description: Despite the Egyptian authorities’ great hopes for the fledging shale gas industry in Egypt, it appears that it could be difficult for Egypt to realize these lofty ambitions, at least in the near future. The Egyptian shale gas industry faces technical challenges as well as a critical lack of detailed regulations regarding the exploration for and the production of shale gas. There is also a lack of guidance over the manner in which foreign investments can be made in the industry.

Description: By linking the realms of public policy-making, science and the public, advisory committees that include academics, state representatives and societal stakeholders answer to a double challenge that governments face today: a need for technical knowledge and an increasing demand for public acceptance and accountability. In contrast to purely scientific policy advice, little theoretical attention has so far been paid to these hybrid advisory committees. Drawing on and adapting research on knowledge utilisation, theories of delegation, decision-making and governance, an analytical framework of the use of multi-source, negotiated expertise will be developed and applied to four cases set up by the German Federal Government with mandates in social policy and in science and technology policy. The study shows the committees’ pronounced governance potential, which builds on their political and epistemic authority. It describes two distinct dynamics that lend the committees to instrumental, problem solving, and symbolic, substantiating purposes.

Description: This paper investigates how different kinds of knowledge are mobilised in interactions between the stakeholders, scientists and bureaucrats who are involved in EU fisheries management. It reports on an initiative led by the North Sea Regional Advisory Council aimed at making a long-term management plan for Nephrops fisheries in the North Sea. The sharing of knowledge between the actors is explored using insights from organisation management, focusing on the kinds of resources and efforts that are needed at different boundaries to allow knowledge sharing and knowledge production to occur. The findings point to the challenge of reaching a common understanding between actors when both novelty and high stakes are involved. Experiences gained during this pioneering initiative raise questions about how far it is possible to take a ‘bottom up’ collaborative process aimed at developing management instruments within a setting where there are conflicts of interests between the stakeholders involved.

Description: This paper analyses public support and argues that supply does not match demand in terms of the support needs of different types of new technology-based firms (NTBFs). The demand side of public support to NTBFs is analysed by developing a typology of NTBFs, based on venture origin and degree of innovativeness. Each type’s characteristics, challenges and support needs are identified. The supply side is analysed in terms of the goals, instruments and level of aggregation of the two main policy areas that provide support for NTBFs: small and medium-sized enterprise policy and science, technology and innovation policy. Finally, the demand and supply sides are compared and three main shortcomings of existing public support to NTBFs are identified. This paper makes a twofold contribution: first, the typology gives guidelines for policy-makers with respect to the support needs of the NTBFs. Second, it identifies shortcomings in existing public support and recommends improvements.

Description: Though the concept of innovation systems has become influential in both academia and policy-making, an analytical approach to understanding innovation systems is still lacking. In particular, there is no analytical framework to measure ‘Mode 1’ and ‘Mode 2’ knowledge production. We propose a framework based on the proximity concept. Mode 1 and Mode 2 knowledge production are characterized by collaborations with cognitive, organizational, social, institutional and geographical proximity, and distance, respectively. Using a gravity model approach we apply our framework to the case of type 2 diabetes research and provide a characterization of the global innovation system and a comparative analysis of the North American and European innovation systems. Our main results hold that although collaborative research on type 2 diabetes generally follows a logic of proximity and hence is not characterized as Mode 2, important differences and similarities exist between the North American and European innovation systems.

Description: The integration of national research systems is one of the central objectives of European research policies. Yet the epistemic objectives of this project have been poorly defined, and scant attention has been paid to whether political, social and financial integration of the European Research Area (ERA) is accompanied by epistemic integration. We discuss the conceptual framework and methodological practices to monitor research integration, and conclude that most of them, such as research collaboration, are only partial indicators of it. To augment existing approaches with an analysis of epistemic integration, we analyse the geographical sources of knowledge of Finnish research in the period 1995–2010. We show a broad shift towards a European knowledge base, demonstrating epistemic integration into the ERA, and that Finnish researchers are, paradoxically, sourcing knowledge from an increasingly distributed system of European knowledge hubs. As policy implications, we recommend clarifying the ERA’s epistemic objectives and redefining its strategy of ‘reducing fragmentation’.

Description: Attention is increasingly directed toward better understanding the factors driving collaborations among researchers, particularly between researchers from different disciplinary backgrounds. This study investigates factors associated with disciplinary and interdisciplinary research collaboration in the social sciences. We utilize data from a survey of Australian-based social scientists. Interdisciplinary collaboration constitutes a considerable proportion of social scientists’ collaboration activity. Factors linked to the duration and diversity of research careers are positively associated with participation in collaborations. Job experience in Australian and foreign universities also boosts total collaboration, while holding an international citizenship increases interdisciplinary collaboration. Interdisciplinary collaborations are also associated with researcher orientation toward applied research activity. Investment in social science research is important for maintaining existing interdisciplinary and applied collaborations, although better information on these collaborations is desirable. Measures to expand such collaborations should take career stage into account. Broad-based population policies may also be an important underlying factor supporting international collaboration.

Description: The demand for thermal coal has risen dramatically over the past 20 years, driven by an emerging markets-led commodities super cycle, which has recently come to an end. Today, thermal coal generates over 40 per cent of global electricity and is available in large quantities in countries such as China, India and the USA. Thermal coal is also the primary contributor to CO 2 emissions, a substantial driver of climate change. This has resulted in material tension for ‘sustainable and responsible’ institutional investors and strategic challenges for certain state-owned companies. Deciding upon the electricity generation technology in which to invest poses a significant dilemma. Thermal coal is abundant and by far the cheapest when externalities are not internalized. Electric renewables currently suffer from intermittency, viable storage solutions and are not very scalable. While cleaner than thermal coal, natural gas is abundant yet often needs to be imported and is more expensive than thermal coal. Although safe, scalable and clean from an emissions perspective, ‘new’ nuclear energy suffers from perception problems. The mixed method inductive methodology was used to determine the extent to which thermal coal remains investable over the next 20 years and has led to two divergent yet plausible scenarios impacting thermal coal investability. In assessing the investability of thermal coal across four chief stakeholders and geographies, a multifaceted interpretation of the term ‘investability’ is developed, which recognizes disparate financial and non-financial investment drivers. The research shows that thermal coal remains investable by a variety of stakeholders, particularly in the Transformative scenario, but their reasons for investing differ materially both by geography and the type of stakeholder. Finally, the key drivers for both scenarios are identified that can be monitored and used as an early warning system to inform investment decisions.

Description: In March of 2015 New Zealand’s Court of Appeal brought to a conclusion a long running dispute between the joint venture partners in the Pohokura gas and condensate field located in Taranaki, New Zealand. Todd Pohokura v. Shell Exploration NZ Limited et ano deals with the rights to production and offtake arising under the Association of International Petroleum Negotiator’s (AIPN) 1995 Model Form joint operating agreement (JOA), the powers of the Operating Committee in regards thereto and the practical implications of entering into a field development without documenting all the necessary gas sale and transportation arrangements in advance. The factual matrix provides an opportunity to review the principles of common law relevant to production and offtake, including the development of those principles from early English common law into U.S. domestic law, and how those principles have been reflected in model form JOAs on both sides of the Atlantic, including the AIPN forms and ultimately the Pohokura JOA. The analysis confirms the New Zealand courts’ rulings upholding the power of the Operating Committee to determine production rates under the AIPN Model form. However, it concludes that gas offtake arrangements that amend or add to the rights and obligations of the parties under the JOA must be agreed unanimously and are not within the jurisdiction of the Operating Committee to determine.

Description: Pursuant to a generous Association of International Petroleum Negotiator (AIPN) 2014 Summer Research Award, this article identifies, evaluates and compares the legal and fiscal rules, regulations and incentives necessary for countries with significant shale petroleum and natural gas formations to attempt to replicate the boom that is ongoing in the USA. As others have pointed out, 1 several legal, tax, and operational barriers can impair duplication of the US shale revolution in similarly endowed nations. This article identifies key factors responsible for the surge in US shale production, distill the fundamental forces from the US experience that are applicable to any jurisdiction, and evaluate and compare how several countries fare in this vein. The report also identifies avenues for reform and innovative policies that could be applied in other jurisdictions.

Description: Texas law has only recently codified in precedential decisions a reasonable formula for production allocations for horizontal, including fracked, wells. The ancient regime of the Rule of Capture does not generally apply, because of the nature of the geologic deposits and the new technology. This reasonable formula is applicable in the international arena for cross-border deposits and production blocks. Other national law and international treaties provide scant guidance in these matters and governments, national oil companies and international oil companies should review this formula to aid in negotiations for fair and equitable allocations that should preclude unnecessary disputes and litigation.

Description: The provisions in the Habitats Directive relating to protection of sites establish a triumvirate of decision-makers: administrative authority, scientific advisor and judiciary. This article examines the relationship between these decision-makers as developed in recent case law, both at a European Union (EU) and national level. It argues that reference to the goal of environmental protection obscures the allocation of power among these actors, and that to truly understand the resulting system, we must acknowledge the differing norms which motivate each of these actors. In particular, it argues that we must consider the judiciary as an actor within the decision-making process, and should examine the role of the principles of judicial review and EU law in shaping this. It highlights that there are currently conflicts within the process, and that the principles of judicial review cannot provide a successful mechanism to manage these conflicts without an explicit consideration of the values ‘hidden’ therein.

Description: One of the key issues in the current controversy over the hunting of wolves in Sweden is whether the wolf population has reached favourable conservation status (FCS). FCS is a legal concept, created and defined in law, but like many legal concepts within environmental law, can only be understood by reference to ecological concepts such as species viability. These ecological determinations in turn often require some sort of legal or policy judgment, such as how great an extinction risk is acceptable for a viable population. This article interrogates contested legal and ecological aspects of FCS and argues for how they might be applied to the Swedish wolf in potential litigation.

Description: Within the regulatory space that exists at the intersection of UK company law and environmental regulation, the business community has generated its own environmental governance initiatives to address growing anxiety about companies’ externalised risk. Yet, there is currently nothing in law to prevent companies from frequently acting inconsistently with these voluntary unilateral assurances, which has led to widespread concern that environmental values are treated as merely instrumental to the dominant idea of achieving economic benefits for the company. This article examines a specific case for the legal facilitation of binding obligations owed to the environment, which require a company to make good on its previous commitments about environmental responsibility. It seeks to demonstrate that this is possible through the common law doctrine of estoppel, which can be opened up to prevent a company from acting inconsistently with its previous statements or actions about the governance of environmental risk.

Description: The aim of the article is to shed light on the particular issue of absence of judicial dialogue between the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU) in the matter of environmental rights which represents a glaring exception to the generally cooperative disposition exhibited by the two courts in other domains linked to human rights protection. The article draws on this particular absence of judicial dialogue by examining the respective patterns of judicial reasoning employed by the CJEU and the ECtHR in cases before them that involve, or have a bearing on, environmental rights (substantive and procedural). Thus, the singular tendencies discernible in the ECtHR’s progressive jurisprudence in the field of environmental rights will be compared to CJEU’s jurisprudence relevant to environmental rights with the intention of detecting certain aspects in the CJEU’s approach which could further stand to be improved following the example of ECtHR’s activist environmental jurisprudence as a viable avenue for initiating the currently missing dialogue between the two courts in the matter of environmental rights.

Description: Oil and gas fields that straddle a domestic licence boundary or a delimited international border are often unitized so that they can be developed efficiently and effectively as a single entity. The unitization process is usually governed by a pre-unit agreement and a unitization and unit operating agreement. Provision for expert determination in these agreements should include a decision on the basis for tract participation, the determination of initial tract participation around the time of unitization, the formulation of key elements of prescribed technical procedures for any redetermination of tract participation, the redetermination of tract participation post-production, and the enlargement or reduction of the unit area and/or unit interval. The agreements must also define the key issues of how an appointed expert is to arrive at a decision. Expert determination is generally preferred to pendulum decision-making, an expert should carry out an integrated study with a single deliverable as opposed to one that is subdivided into discrete incremental steps, and the expert should table an initial decision for technical and procedural scrutiny by the parties before delivering a final binding decision. Experience has shown that adherence to these principles of prescription facilitates expert engagement during subsequent field life and thereby promotes Pareto-efficiency, fairness and equitability.

Description: Through a three-year revision involving various stakeholders, China has enacted a new Environmental Protection Law ( EPL ). The new law seeks to harmonize economic and social development with environmental protection and for the first time establishes clear requirements for the construction of an ecological civilization. It toughens the penalties for environmental offences with specific articles and provisions for raising public awareness. It also places greater responsibility on local government and law enforcement for the protection of China’s environment. However, many of the problems identified in the old EPL and especially the obstacles to its implementation have not been fully addressed and resolved. Effective environmental governance entails not only environmental laws but also implementation mechanisms, accountability regimes, and institutional arrangements. Raising the status of the EPL and of the general environmental protection apparatus is only the first step to meeting China’s environmental challenges. More efforts in the area of enforcement and implementation will lead China to a cleaner future.

Description: The cultivation of genetically modified (GM) crops in the European Union (EU) is highly harmonised, but with persisting conflicts over authority. The European Commission responded to internal and external pressures with a more flexible approach to coexistence, a proposed opt-out clause, and a promise to review the existing EU GM regime, providing an opportunity to consider and suggest paths of development. This article considers the post-authorisation policy-making powers of Member States and subnational regions, in light of subsidiarity-based multilevel governance. It considers the different approaches to risk-centred issues and more general policy choices. Overall, the developments occurring at the EU level are strengthening subsidiarity-based multilevel governance within the GM cultivation regime, but with significant opportunities to improve it further through focussing particularly on the complementary powers, coordination and the regional levels.

Description: Renewable energy provides an answer to the most pressing socio-economic challenges governments face today, in particular the effects of climate change. Although efforts have been made throughout the world, it is necessary that investment in renewable energy is further increased if it is to have a marked impact on the reduction of carbon dioxide (CO 2 ). The lack of national investment is inevitably going to trigger the inflow of foreign investment which may be subject to performance requirements which are regulated by a number of economic treaties. The Article reviews all the norms currently applicable and stresses their differences to provide a typology of existing prohibition. The analysis is further refined by a comprehensive review of the case law (both decided by trade and investment tribunals) to identify the type of requirements which have been implemented on renewable energies. It also explains and anticipates the role of the most favoured national treatment in the context of bilateral treaties in a manner hitherto unexplored. In doing so, this Article provides a comprehensive analysis of the performance requirements in international treaties with a view to assessing their impact on the further development of renewable energies.

Description: This brief contains an update of the current situation of upstream petroleum investment in Thailand. It is a critical appraisal of the ongoing reformation of the new Petroleum Act, which intends to adopt all three types of upstream contract, namely, concession, production sharing and service contracts, to govern the contractual relationship between Thailand and upstream investors.

Description: Local-content legislation and policies in oil and gas producing countries have become a key priority of host governments and industry players alike. Increasingly, more resource-rich developing countries are enacting local-content legislation as a means of maximizing the benefits to be gained from their petroleum industries. However, these laws and policies are being implemented with insufficient research into their efficacy, and as a result have often yielded mixed results. This article assesses the effect of local-content legislation and policies in the oil and gas industry presenting insights on the challenges faced by industry players with regard to their implementation. We trace the channels through which local-content legislation advances value creation by evaluating different implementation programmes, using clearly stated local-content targets to measure their efficacy. Nigeria, Ghana, Brazil and Norway are chosen as case study countries to highlight the diversity of local-content strategies for countries at different developmental stages. The motivation for this research is to provide host governments, investors and domestic suppliers with guidelines on how to successfully develop and implement local-content regulations and strategies. The experience of the case study countries above show that the success or otherwise of local-content legislation and policies remains a function of a country’s institutional setting and developmental paradigm. Based on the review of the case studies, we summarize that successful local-content legislation and policies should be anchored on the following principles: (i) local-content policies need to look beyond simple generation of economic rents to focus on the development of linkages; (ii) the tools developed to measure agreed local-content benchmarks must be clearly defined to the acceptance of all industry players; and (iii) entrenching local content depends on the availability of an industrial-supply base that can act as growth levers.

Description: This article demonstrates how the oil regulatory framework enacted in Brazil in 2010 will have detrimental effects on technology and innovation. The shortcomings essentially derive from three of its aspects: (i) operational exclusivity; (ii) the governance structure of the operational committee; and (iii) local content policies which lack adequate focus and strategic planning. All these elements actually stem from an excessively intrusive regulatory approach, within a typical top-down model, disproportionately reliant on command and control procedures. The current regulations will lead to significant drawbacks in technology and innovation in Brazil that will inevitably affect Petrobras. Even worse, however, they will not guarantee the development of a dynamic and sustainable industry of suppliers. Instead of using Petrobras to propel its industry of providers towards higher technological standards, suppliers will be dragging the national oil company downwards at the expense of the whole sector. A less intrusive regulatory framework, based on reflexive and responsive regulations is more suitable in this context, since it induces agents to continuously interact in a favourable way for the intended outcomes, instead of imposing norms and rules on them that most probably lead to other undesirable consequences.

Description: This analysis piece deals with a landmark case C-461/13, or the Weser case, in which the European Court of Justice settled a years-long dispute over the legal status of the environmental objectives laid down in the Water Framework Directive (2000/60/EC). The Court ruled that the objectives are legally binding: the Member States are for example obliged to refuse authorisation from individual projects estimated to compromise the objectives. The Court also took a strong stance on the so-called non-deterioration principle, ruling that it binds the Member States to such an extent that decline of the quality of the surface waters is no longer allowed. Being so, the Court did acknowledge the possibility of exemption from the now constituted norms, putting the derogation regime created in the Directive in the spotlight. Thus the alleged management planning instrument has turned into a more traditional, formalistic legal tool, affecting individual permitting procedures all across the Union.

Description: Climate change is a persistent, pervasive and pernicious problem. Each branch of government, including the judiciary, has a role to play in tackling climate change. Courts can make a meaningful contribution by: providing equal access to justice; determining and not deferring climate change claims; upholding the rule of law; taking and forcing the executive, legislature and private sector to take climate change seriously; explaining and upholding the fundamental values underpinning the law; promoting environmental values and putting a price on them; assisting the progressive and principled development of climate change law and policy; and making reasoned and evidence-based decisions.

Description: The article, which is based on a lecture delivered in London in September 2015, addresses the possibilities for adjudication of climate change issues before international courts and tribunals, finding them to be more favourable today than a few years ago. It argues for a role of international courts and tribunals in the determination of factual and scientific matters related to climate change, assessing the possible role of international courts of a more general jurisdiction, such as ITLOS and the ICJ.

Description: The energy transition requires a legal system that promotes the most sustainable forms of energy. This requires a holistic approach that accounts for all effects of energy production throughout the energy chain. This article analyses the presence of holistic elements in the current legal framework of biomass used for energy purposes. It finds that the most advanced example, sustainability criteria for biofuels, applies to only a fraction of all biomass uses, as the applicability is dependent on the production process used and the manner of consumption. Furthermore, the legal framework for biomass accounts for neither all direct effects, nor any indirect effects of production, nor the carbon debt resulting from biomass combustion. All this undermines the assumed sustainability of biomass. As a result, the current legal framework is far from holistic and poorly equipped to promote the most sustainable forms of energy.

Description: This article deals with compensation mechanisms for the aftermath of disasters. It claims that there is a necessity to speedily compensate victims of an accident, if this can prevent the occurrence of large societal follow-on damage. In reality this does not often happen. This article takes the entitlement to compensation as given, does not discuss substantive law matters regarding compensation, but deals with procedural aspects of how to actually get this compensation. The main obstacles to fast compensation may be found in lengthy mass litigation. Then again, civil litigation also entails economic advantages. There are law and economics arguments in favour of litigation versus alternative dispute resolution (ADR) solutions. After setting out the theoretical arguments, we discuss some American and European real-life examples of such rapid claims settlement mechanisms: the Gulf Coast Claims Facility (GCCF) and the Belgian compensation fund for technological accidents. The theoretical discussion, enriched by the illustration of the practical examples, will culminate in guidelines on how to set up a rapid claims settlement mechanism.

Description: The 2015 Paris Agreement, a product of a deeply discordant political context rife with fundamental and seemingly irresolvable differences between Parties, is an unusual Agreement. It contains a mix of hard, soft and non-obligations, the boundaries between which are blurred, but each of which plays a distinct and valuable role. This article identifies various defining elements of legal character and tabulates the core provisions of the Paris Agreement across a spectrum from those that conform most closely to hard obligations to those that are best characterized as ‘non-obligations’. It explores political drivers for the carefully calibrated mix of hard, soft and non-obligations in the Paris Agreement, as well as the dynamic interplay between them, and their critical importance in delivering an agreement acceptable to all.

Description: The tension between the meaning of causality in science and law or public policy is well-known; however, defendants in product liability cases or industries that might be affected by a government regulation may try to convince the factfinder to require evidence of a causal relationship that meets the standards of science. From the perspective of public health, however, people may be exposed unnecessarily to a health risk during the time period between the establishment of reasonably strong evidence of a causal relationship and the overwhelming evidence required for scientific causality. The Bayesian paradigm enables one to update information from epidemiologic studies as they accumulate, providing estimates of the probability that the relative risk of a particular harm from exposure exceeds a threshold value, e.g. 2.0 or 4.0 that is sufficient to meet the preponderance of the evidence standard or to support a health initiative. In order to diminish the role of the initial prior distribution, which may be quite subjective, the first case-control study or an analysis of adverse event and case reports is used to determine two prior distributions. One is the most favourable to the defendant, or industry that might be regulated, which is consistent with the previous data. The other is centred on or near the estimated relative risk from the first study. The method is applied to the studies that linked aspirin use to Reye syndrome and demonstrates that the evidence of a causal association was sufficiently strong in 1982, when the Food and Drug Administration first proposed that the public be warned of the risk, to support the regulation. Thus, lives would have been saved had the warning been given at the end of 1982 rather than in early 1985.

Description: In law, inferences of causation are sometimes made through a structured process in which multiple participants play various roles, and make decisions concerning various logical components of the overall inference (such as legal rules, policy objectives, presumptions, evidence, burdens of proof and findings of fact). This article illustrates such a process using empirical research into compensation decisions in the USA for injuries allegedly caused by vaccinations. Empirical research into actual legal processes is essential, in order to discover how various players approach their sub-tasks of decision-making. It also provides insights for areas outside of law, such as non-monotonic logic, cognitive science, sociology and artificial intelligence.

Description: Situations of causal factual uncertainty are relatively common in law. The problems and difficulties regarding ‘factual causation’ in law point to the need of ‘evidence’ and ‘proof’ models that are adequate and capable to accommodate the tests and methodologies used to explain and demonstrate it in a legal context. Given the configuration of the situations of causal factual uncertainty and the available ‘evidence’ and ‘proof’ models, I argue that it is justified to use an ‘argumentative-narrative’ model for ‘proving causation’ in law. However, considering that each model of ‘evidence’ and ‘proof’ reveals a different kind of ‘rationality’ that can still be viewed in different ways, I also argue that we must try to match the perspective we have on the ‘rationality’ behind the chosen model of ‘evidence’ and ‘proof’ with the ‘rationality’ underlying ‘causation’ in law.

Description: At least in some cases, the values confronted in legal decision-making appear to be incommensurable. Some legal theorists resist incommensurability because they fear that this presents an overwhelming obstacle to rational decision-making. By offering a close analysis of proportionality and, more particularly, measures of proportional value satisfaction, I show that this fear is unfounded. Comparative measures of proportional value satisfaction do not require the values to be commensurable. However, assuming incommensurability presents us with the problem of public significance in the proportional satisfaction of values. When two values are commensurable, this public significance is provided by the mediating effects of the overarching third value that provides the common measure of the values. However, when this common measure is removed, then the public significance of value satisfaction must be otherwise achieved. This is why I propose an equal proportional value satisfaction as the most appropriate proportionality maximand. Under equal proportional value satisfaction, the proportional satisfaction of any one value has significance for each and every other value. This kind of public significance is interpersonal rather than impersonal (or second-personal rather than third-personal). The article then shows that the legal process that is most appropriate to equal proportionality is a process that implements defeasible legal rules.

Description: In order to allocate the risk between parties in legal adjudication, we use evidentiary techniques with the main device among them being the standard of proof (SoP). The traditional view holds the grade of probability to be the parameter that shifts when moving to different standards. However, as soon as we dig slightly deeper, an incoherent picture is being revealed. In this article, I challenge the accepted view and try to show that it faces insurmountable problems concerning the rationality, the grammatical consistency and the impact of the SoP for the acceptability of verdicts. At the end of the article, I shortly discuss the theory of epistemological contextualism and propose a framework that allows rational distinctions to be drawn between different standards of proof. In the second part of this project (forthcoming), I will defend a contextualist view according to which shifting parameter is not the grade of (aleatory) probability, but instead the Set of Epistemic Defeaters in play.

Description: This article focuses on the question of how decision makers with no relevant scientific background can (if at all) legitimately evaluate conflicting scientific expert testimonies and determine their relative reliability. Sceptics argue that non-experts can never reach justifiable conclusions regarding the merits of conflicting expert testimonies because they lack the fundamental epistemic capacity to make such judgement calls. In this article, I draw on works on epistemology, philosophy of practical reasoning, philosophy of science, science and technology studies, and legal theory in order to scrutinize recent proposals to solve the problem of conflicting scientific expert testimonies. Addressing this question is of ultimate importance due to the idea that immanent in the idea of rule-of-law there is an intellectual due process norm, which articulates that epistemically arbitrary legal decisions are also not legally justified. This article is divided into two Sections. In Section 2 , I describe the basic philosophical inquiries underlying the debate about expert testimony. In particular, I first elaborate on the philosophy of testimony and its epistemic justifications, then move to the idea of epistemic deference, and finish with philosophical accounts of expertise. Section 3 presents the problem of conflicting scientific expert testimonies and analyses recent attempts to solve it as formulated by Ward Jones, Alvin Goldman and Scott Brewer. I argue that there is no single criterion (or set of criteria) upon which the non-expert could rely in order to make a rationally justified decision in each and every case in which he faces conflicting scientific expert testimonies. The alternative view here defended is to stop looking for an epistemic panacea and accept the idea that testimonial reliability operates differently within different kinds of testimony—and differently within the same kind of testimony at different times.

Description: The criterion of bioequivalence of two drugs in infringement cases may differ from the requirements used for drug approval by the FDA. In Adams v . Perrigo , 1 the Federal Circuit examined three different sets of criteria for judging bioequivalence. The statistical properties of those criteria are explored and evaluated. Our results support the appellate court’s decision to impose less stringent requirements for bioequivalence in infringement cases.

Description: The North Carolina Racial Justice Act allows defendants to submit statistical studies of prosecutorial actions pertaining to their seeking the death penalty or in making peremptory challenges. These studies may consider data from four geographical regions: the state, county, judicial division or prosecutorial district. A study of the effect of race on peremptory challenges in death penalty cases demonstrating statistically significant disparities disadvantaging Black defendants has been submitted in several cases. This comment shows that a more appropriate statistical analysis yields much stronger statistical evidence that race entered into the peremptory challenge process in Randolph County than the affidavit submitted by the authors of the study. A subsequent sensitivity analysis indicates that in order for a characteristic to explain the highly statistically significant disparity, it would need to increase the odds of an individual being challenged by a factor of three and more than twice as many Black venire members would need to possess that characteristic as non-Blacks. Since the data examined excluded potential jurors who had been removed for cause, it may be difficult for the state to find a legitimate reason justifying the racial disparity.

Description: This article critically evaluates experiments used to justify inferences of specific source attribution (‘individualization’) to ‘100% certainty’ and ‘near-zero’ rates of error claimed by firearm toolmark examiners in court testimonies, and suggests approaches for establishing statistical foundations for firearm toolmarks practice that two recent National Academy of Science reports confirm do not currently exist. Issues that should be considered in the earliest stages of statistical foundational development for firearm toolmarks are discussed.

Description: Much debate exists between Frequentist and Bayesian methods in statistics. In the evaluation of evidence, the likelihood ratio is credited with quantifying the value of evidence in favour of one or other proposition by considering the probability of the evidence conditional on each proposition and this then converts the Bayesian prior odds into the posterior odds. Motivated by this approach, this paper considers an alternative p -value-based likelihood ratio by explicitly taking into account the behaviour of the Frequentist p -value under both hypotheses, rather than restricting focus solely on the null hypothesis. It is shown that by accommodating the alternative hypothesis, analysis leads to inferential conclusions which are consistent with Bayesian methods.

Description: This essay explores the implications of complexity for understanding both the law of evidence and the nature of the legal system. Among the propositions critically analysed is that one significant way to understand the general problem of the meaning of rationality is as a multivariate search for tools to understand and regulate a hostile environment. The law of evidence is conceptualized as a subset of this effort, at least in part, as involving a search for tools to regulate the almost infinitely complex domain of potentially relevant evidence and at the same time to accommodate policy demands. The proposition is then considered that the legal system of which the evidentiary system is a part has emergent properties that may not be deducible from its component parts, which suggests in turn that it may be, or at least has properties highly analogous to, a complex adaptive system. One implication of this analysis is that the tools of standard academic research that rely heavily on the isolation and reduction of analytical problems to manageable units to permit them to be subjected to standard deductive methodologies may need to be supplemented with analytical tools that facilitate the regulation of complex natural phenomena such as fluid dynamics. This has direct implications for such things as the conception of law as rules, and thus for the Hart–Dworkin debate that has dominated jurisprudence for 50 years. That debate may have mischaracterized the object of its inquiry, and thus the Dworkinian solution to the difficulties of positivism is inapplicable. It can certainly be shown that the Dworkinian solution is not achievable and cannot rationally be approximated. Solutions to legal problems within the legal system as a whole (as compared to any particular node within the legal system) are arrived at through a process of inference to the best explanation that occurs within a highly interconnected set of nodes similar to a neural or social network.

Description: Causation as an element of a criminal offence is different from the probative difficulties. The empirical laws that are relevant to the proof of causation, as a pure matter of fact, are not discussed here, but only causality as a category of our understanding and a general law of the intelligible world. This general law of causality is equally valid for all result crimes (e.g. homicide, bodily harm, deception offences and criminal damage). According to the European continental theory of conditions, any ‘conditio sine qua non’ is by itself a cause. Causation is established by the formula of ‘conditio’ (similar to the so-called ‘but for’ test in the common law), which corresponds to a counterfactual reasoning. However, that formula is not able to resolve adequately those cases of causal overdetermination where the result occurred by means of actions of multiple, independently intervening agents. A semantic model of the world evolution, based upon ramified temporal logic, may assist the comprehension of causal connections between human actions and the relevant results. At the end of the day, this model allows us to understand that even in situations where no kind of factual uncertainty is present, doubts upon the attribution of causation to specific agents remain. We shall conclude that the attribution of causation is not a natural problem, but a logico-legal one, that has to be dealt with by way of logico-legal criteria. Nevertheless, attribution of causation must be clearly distinguished from objective imputation of proscribed harm.

Description: Over the course of the past few decades, there has been an exponential growth in environmental courts and tribunals (ECTs). At present, over 350 of these specialized fora for resolving environmental disputes exist, spanning across every region throughout the world. Some of the ECTs have been more successful but others have been less successful. This article identifies 12 characteristics that experience suggests are required for an environmental court or tribunal to operate successfully in practice, drawing upon examples from multiple jurisdictions. In identifying best practices, both substantive and procedural, from existing ECTs, this article will assist two groups: first, stakeholders who are in the process of planning or creating environmental courts or tribunals in their jurisdictions and, secondly, stakeholders and countries that are looking to improve the functioning and performance of their own ECTs.

Description: Legal education plays an important but under-acknowledged role in anthropogenic environmental change because it shapes and qualifies people to become lawyers, judges and policy makers. Their work can prohibit and legitimate particular environmental practices. The conceptual framework of law, its taxonomy, as taught to students of law, often perpetuates an unsustainable relationship to the environment where it separates questions of entitlement to land and natural resources from questions of responsibility for them. The implication of perpetuating this separation in law curricula is that generations of legal practitioners will remain unlikely to develop a coherent system of environmental law that aligns rights with responsibilities. Environmental education scholar David Orr argues that ‘all education is environmental education’. But legal education often excludes environmental considerations even where these are materially relevant. Given the role of legal education in shaping future law, this article contends that rethinking its categories opens the possibility to create sustainable land use practice laws and policy.

Description: This article utilises the concept of interdisciplinarity as a background against which to reflect on the nature of environmental law scholarship. The article argues that, while interdisciplinary scholarship has some tangible benefits in terms of expanding the perimeters of a discipline, the effects of interdisciplinary work are often exaggerated. In fact, interdisciplinary scholarship may have the unintended consequence of entrenching academic disciplines even further. In light of this, it is argued that environmental law scholarship is best perceived and defined as a deliberative practice which takes place within, and speaks to, a specific community of scholars—an interpretive community. In order to secure a vibrant discipline, the article argues that the community ought to maintain a flexible, open-ended and broadly defined approach to environmental law scholarship.

Description: European Union (EU) legal studies generally picture the Member States’ local and regional authorities as implementers of national and supranational norms rather than independent regulators. Yet, sub-national authorities (SNAs) have become active regulators in the context of climate change mitigation and adaptation, a role not foreseen by EU primary law, which this article understands to constitute the surface of EU law. This article examines regulatory activity of SNAs from the perspective of EU law. It illustrates that sub-national, national, supranational and international actors are engaged in a process of mutual learning and experimentation and that, below its surface, EU law recognises that SNAs are not mere implementers of norms but also independent regulators.

Description: This article presents a fresh analysis of the implications of the 2006 judgment of the Court of Justice of the European Union (CJEU) in Case C-244/05 Bund Naturschutz in Bayern , which clarified the standard of legal protection afforded to sites eligible for adoption as Sites of Community Importance (SCIs) under the EU’s Habitats Directive. The article argues that, as a result of this line of case law, it will be unlawful ( at least in certain cases, and perhaps in all) to apply the Article 6(4) Habitats Directive derogation in respect of eligible sites which have not yet been adopted by the European Commission as SCIs. The Commission appears to have been aware of this potential implication, and acted swiftly to minimise the potentially disruptive impact of the judgment on plans and projects within the EU. The article also considers the relevance of the CJEU’s Sweetman judgment ( C-258/11 ) to the Bund Naturschutz in Bayern line of jurisprudence.

Description: What does the specialised nature of an environment court entitle it to do? The recent decision of the New Zealand Supreme Court in Environmental Defence Society Incorporated v Marlborough District Council (‘the King Salmon case’)[2014] NZSC 38 helps to answer this question. For the past 20 years, the New Zealand Environment Court has decided applications within a framework of the broadly defined statutory purpose of sustainable resource management. The King Salmon case narrows this wide discretion. This article analyses the implications of the decision, suggesting that it helps to delineate between functions of specialist environment courts that may be considered appropriate (adjudicative and legislative fact finding) and decision-making that strays too far into the policy-sphere.

Description: This article compares the protection from unnecessary suffering afforded to wild animals with that afforded to domesticated animals and animals under human control. It considers various forms of species-specific biodiversity- and conservation-based protection for wild animals, under legislation such as the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, as well as the general protection from intentionally inflicted unnecessary suffering afforded to wild mammals under the Wild Mammals (Protection) Act 1996. The article then compares the standard of protection afforded to wild animals with that afforded to non-wild animals under section 4 of the Animal Welfare Act 2006, which criminalises unnecessary suffering unreasonably caused to non-wild animals.

Description: The objective of this paper is to study the use of intellectual property (IP) rights by small and medium-sized enterprises (SMEs). The paper draws on different surveys and studies in selected countries, with an emphasis on Canadian SMEs, to compare the use and exploitation of IP by company size. The paper finds that despite the potential benefits of acquiring formal IP rights for SMEs, they use IP rights to a lesser degree than large companies due to several factors, mainly the low rate of innovation compared to large companies and the cost and complexity of the IP system. The paper also presents a framework to analyze whether there is a role for government to play in this area, and how the government could address this under-utilization of IP rights by SMEs.

Description: Contributions on interdisciplinary research have so far focused on barriers to such collaborations and strategies for overcoming these. In this paper, we propose that a geographical perspective contributes to understand the formation of successful interdisciplinary research collaborations. The empirical analysis of a centre for clinical cancer research illustrates the importance of considering the role of geographical proximity to collaborators and decision-makers, as well as the co-location of excellent research groups within different fields, in overcoming barriers to interdisciplinary research. We suggest that policies aimed at stimulating lasting interdisciplinary research collaborations should take the distance between collaborators into account.

Description: The main question that guides this paper is how governments are focusing (and must focus) on competence building (education, training and skills) when designing and implementing innovation policies. After a brief literature review, this paper suggests a typology of internal/external and individual/organizational sources of competences that are related to innovation activities. This serves to examine briefly the most common initiatives that governments are taking in this regard. The paper identifies three overall deficiencies and imbalances in innovation systems in terms of education, training and skills: the insufficient levels of competences in a system, the time lag between firms’ short-term needs for specific competences and the long time required to develop them, and the imbalances between internal and external sources of competences in firms. From these, the paper elaborates a set of overall criteria for the (re)design of policy instruments addressing those tensions and imbalances.

Description: Ex-ante evaluation of publicly funded R&D projects is a very important part of the public funding process. The main purpose of the ex-ante evaluation process is to rate and choose which R&D projects the public program wishes to support financially. Publicly funded R&D projects in the energy sector can contribute to the further development of explorative and existing energy technologies that meet climate challenges. The aim of this paper is to investigate the ex-ante evaluation process of a Danish energy program with regard to exploration. The paper applies a qualitative approach, combining in-depth interviews with an observation study of 34 project evaluations. The findings show that there is a divergence and confusion between what the informants think constitutes the main purpose of the program, the ex-ante evaluation process, and the level of exploration. The policy implications can help to improve the ex-ante evaluation process of publicprograms.

Description: Scholars have emphasized the role of collaboration for the development of scientific capability and economic growth in developing countries. However, due to the difficulty in obtaining the appropriate evidence, there has been little empirical research on the role of collaboration in developing countries. The purpose of this study is to analyze the evolving collaboration strategy of Korea’s government-supported research institutes (GRIs). Using 44 years of bibliographic data, our analytic framework, which considers the dependence and diversity in knowledge creation, established three main findings. First, the transition of knowledge inflow into the competency of research organizations in developing countries requires the drive of the government along with the internalization of knowledge. Second, universities play an important role in sharing knowledge as scientific capability grows. Third, the role of GRIs with regards to collaboration changes as the scientific capability of external R&D entities and policy directions change.

Description: For years, technological innovations have been the cause of controversy. In reaction to this, increasingly often the bodies responsible for implementing these innovations undertake social dialogue with stakeholders. An important environment for this is media discourse, which defines the problems and key actors and disseminates strategies for argumentation. Effective communication on public policies is one of the challenges in deliberative democracy. This paper aims to analyse the role of experts and knowledge in reference to the models of public communication on shale gas. Using a qualitative press analysis, an incoherence was observed in the understanding of knowledge and the profile of experts and the models of communication using them. The communication, which is rather oriented towards persuasion without legitimisation of scientific factual knowledge, fails. Reference in the discourse to the unknown or uncertain directs attention to the issues related to the strategic exploitation of nonknowledge.

Description: A survey of a large, US-based science organization with members from a range of disciplines ( n = 431) found relatively positive views about the public but such views were largely unrelated to past online engagement or willingness to engage in the future. Social norms, efficacy, and a desire to contribute to the public debate were the primary correlates of engagement. The research aims to provide quantitative evidence about how specific attitudes might limit scientists’ willingness to communicate with the public online in the context of recent calls to scientists to take a more active role in public debates about policy involving scientific issues. It highlights substantial remaining uncertainty about the drivers of engagement and the attendant need for ongoing research.

Description: Sellers and buyers of political risk insurance (PRI) ask a simple question about a claimed indirect expropriation: ‘Is it covered by the PRI policy?’ The answer is far from simple. This article investigates only one PRI coverage—compensation for indirect expropriatory conduct. Numerous definitional issues and uncertainties exist. Investors in energy projects and PRI insurance providers will therefore both benefit from direct and clear discussions about the scope of indirect expropriation cover under a PRI policy before the policy is purchased.

Description: A number of recent governmental actions have impacted energy companies' abilities to perform under contracts relating to the extraction and export of natural resources in countries such as Russia, Iraq, and Libya. What steps can a company take to protect itself when relations between oil-rich countries and the West deteriorate? Should a company continue performing under its contract at the risk of violating economic sanctions or should it refrain from performing and risk contractual liability? While tempting to assume that the relevant contract's force majeure provision will provide sufficient protection, force majeure is not a magic talisman that can always be invoked to avoid contractual obligations that have become too difficult to perform. This article analyzes relevant case law and model clauses published by the Association of International Petroleum Negotiators and the International Chamber of Commerce to provide practical guidance on force majeure situations resulting from government action and civil unrest.

Description: When the Master Deed was conceived one of its core objectives was to expedite and simplify the United Kingdom Continental Shelf (UKCS) asset transfer regime. Although the Master Deed has had some successes since its introduction in 2003, its effectiveness in reducing the time and cost of asset transfers in the UKCS has been hindered by an inconsistent application of legal principles and the overtly adversarial legal and commercial culture that prevails in the UKCS. The UKCS’s viability to continue as a profitable producing basin is currently under threat as margins are squeezed by high producing costs and low commodity prices. During such times of increased financial pressure, it is imperative that regulators react to these challenges by developing and nurturing a regulatory environment that reduces administrative obstacles associated with asset transfers encouraging greater liquidity and investment. This article argues that with the support of a proactive and collaborative regulator, which safeguards the consistent application of transfer provisions, discards outdated methodologies and fosters a more collaborative culture between UKCS participants, the UKCS transfer regime has the potential to be one of the most dynamic and user friendly regimes of its kind. Maximizing the effectiveness of the transfer regime will ensure that the UKCS remains a competitive environment to carry out oil and gas operations, elongating its producing life and increasing overall hydrocarbon recovery.

Description: Russia is posing a series of challenges to gas consumers and gas producers alike. But the effectiveness of these challenges remains a matter of considerable debate. Overall, prospective Russian actions and policies have profound implications for the development of the European gas market in general, and thus for potential US LNG exports to Europe. Moreover, underlying all this is the most worrisome question of all: do Russia’s policies and actions enable gas consumers—and indeed, some Central Asian gas producers—to regard Russia as a reliable energy partner? This article therefore addresses: Prospects for the full implementation of the Russia–China gas accords; Prospects for Turkmen gas supply to both Russia and China; Prospects for the development of both Gazprom’s Turkish Stream project and the EU-backed Southern Gas Corridor; Prospects for US LNG in Europe; The potential challenge that a change in Russian gas export policies could pose to European gas prices. The article also seeks to answer the question as to whether Russia can be considered a reliable partner, particularly in connection with long-term deliveries to Europe.

Description: Article 33 of the 1945 Constitution of Indonesia is the most basic rule that serves as the main source for every policy concerning natural resources in Indonesia. It is interesting that ever since the independence of the Republic of Indonesia, there is no official or formal interpretation with regard to that provision. This article will discuss the Indonesian Constitutional Court’s interpretation of Article 33 of the 1945 Constitution of Indonesia. Furthermore, it will discuss overlapping rules and policies, and how derivative rules are in contradiction with Article 33 of the 1945 Constitution of Indonesia. An understanding of this provision is crucial in order to understand the general principles of gas governance in Indonesia.

Description: This article discusses the regulation of ‘substances of concern’ in the circular economy (CE) in the European Union (EU). It analyses the tensions and obstacles that the present sectoral separation of waste, product and chemicals legislation sets for the development of the CE. We argue that in a longer term perspective the aim should be to erase the border between waste and chemicals regulation and create a single regime for the regulation of materials and their flow. However, the eventual aim of such non-toxic material circulation can be achieved only via precautious transitional measures that outweigh the costs and benefits of each material flow and set restrictions for the particular substances of concern. Regulatory actions addressing the risks posed by the substances of concern in the waste-based material flows are urgently needed. New measures are necessary to protect human health and the environment and to support the development of the markets for the secondary materials.

Description: The Extractive Industries Transparency Initiative (EITI) Standard adopted in May 2013 broke new ground by including revenues from the sale of natural resources among the revenue streams to be reported by governments. This addition is of great significance considering the economic importance of sales revenues, in particular in the case of crude oil, and the rather opaque environment in which the sale and purchase of natural resources often takes place. Transparency of sales revenues, as for fiscal revenues from upstream activities, helps empower citizens of resource-rich countries to hold their governments accountable for the wealth generated by those resources. The author argues in favour of a global adoption of the EITI regime and its further strengthening in the area of disclosure of payments by companies purchasing natural resources, including commodity traders. The experience of Iraq with EITI reporting shows how information from the government as well as companies regarding the sale of the state’s crude oil can be made available to the public. National, top-down initiatives, such as the disclosure rules in section 1504 of the Dodd-Frank Act (not implemented at the time of writing), only compel companies under national jurisdiction to disclose payments to foreign governments. Unilateral initiatives create a patchwork of inconsistent standards, inviting regulatory arbitrage. As an example, while the disclosure requirements developed in the USA also apply to payments by listed companies purchasing natural resources for exporting (oil companies, refineries, commodity traders, etc); the scope of the legislation introduced in the European Union is limited to payments for upstream activities by companies in the extractive (and forestry) industries. The resulting unbalanced playing field, in addition to compliance costs, is an issue of concern to businesses, in particular with regard to the disclosure of commercially sensitive information. These considerations inform the ongoing debate regarding the possible adoption of transparency requirements in Switzerland, a major trading hub for physical energy commodities.

Description: Investment in upstream oil and gas operations is of great importance for the exploration and development of oil and gas fields. There are diverse and varied laws and regulations regarding investment in upstream oil and gas operations. This article intends to investigate and evaluate these various laws, as well as to provide an answer to the question as to what extent these rules are able to provide a secure legal framework for foreign investment in upstream oil activities. In this article we first prove that from a legal point of view foreign investment in oil and gas upstream activities has not been very explicitly permitted. Secondly, the basic terms and conditions of upstream oil and gas contracts, through which investments can be materialized in the oil and gas sector, have not yet been touched by regulations. And thirdly, it is still unclear which body is responsible for defining these essential terms and conditions: whether it is the Council of Ministers, the Economic Council or there is no legal body at all to legalize these terms and conditions and they are left to the Ministry of Petroleum and the National Iranian Oil Company (NIOC) itself to set these terms and conditions within the broad framework of the legislation.

Description: It is often believed that investment arbitrations are filed because some form of political risk materialized, harming the investor’s interests. This is the hypothesis that the authors examine in this article, focusing on the oil and gas sector. They analyse which types of political risk, present in the host state, eventually lead oil and gas investors to file investment arbitration claims against that state. They find statistical evidence supporting the idea that bad governance and economic nationalism are indeed conducive to arbitration claims in the oil and gas sector. However, it appears that economic hardship does not have the same triggering effect.

Description: After becoming independent in 1991 Azerbaijan has signed more than 30 production sharing agreements (PSAs) with international oil companies (IOCs), attracting more than $55 billion foreign investments for the joint development and production of major oil and gas fields and with significant impact for the country and the Caucasus region at large. The focus of this article is on the PSA as the legal agreement which regulates the legal, commercial and fiscal relationship between the government of Azerbaijan and IOCs. The article is a comprehensive and systematic analysis of the existing major PSAs from its legal, commercial, fiscal and environmental perspectives. The article identifies the key legal and contractual issues in the PSA regime and proposes ways to restructure the current regime in order to meet the challenges facing the petroleum industry of Azerbaijan in the future.

Description: In this paper we examine the relationship between research performance, age, and seniority in academic rank of full professors in the Italian academic system. Differently from a large part of the literature, our results generally show a negative monotonic relationship between age and research performance, in all the disciplines under analysis. We also highlight a positive relationship between seniority in rank and performance, occurring particularly in certain disciplines. While in medicine, biology, and chemistry this result could be explained by the ‘accumulative advantage’ effect, in other disciplines, like civil engineering, and pedagogy and psychology, it could be due to the existence of a large performance differential between young and mature researchers, at the moment of the promotion to full professors. These results, witnessed both generally and at the level of the individual disciplines, offer useful insights for policy makers and administrators in academia on the role of older professors.

Description: We explore the impact of organizational size in six federally funded research organizations on a range of organizational processes related to the pursuit of innovation. The data utilized consisted of 266 scientists drawn from 64 research projects across five programmatic research areas: alternative energies, biology, chemistry, geophysical sciences, and material sciences. A sixth project category was added to accommodate the highly interdisciplinary character of a handful of projects. Although the data had some limitations, it was found that organizational size had a negative impact on three categories of innovation processes: the amount of time spent in research and professional activities, how research time is spent, and exchanges of technical knowledge. In addition, some potential advantages of larger size, such as: greater research resources, better perceived managerial quality or a visionary strategy, were not found to be significant.

Description: In this paper, we use insights from science studies to elucidate the nature of advisory science in the context of disasters, particularly those involving geophysical hazards. We argue that there are some key differences between disaster advisory science and the issues that are most discussed in science studies: they are both time- and space-specific and they constitute major social, economic and scientific shocks. We suggest that disasters require flexible advisory structures that maximise the co-production of science and social order, and present a framework for this. We argue that the aim of increasing resilience to natural hazards requires that sociology of scientific knowledge play a part in the application of scientific advice: disaster studies has focused on the reduction of vulnerability as a reaction against technical-rational models of scientific advice, but in doing so has restricted the potential role of the social sciences in the framing of scientific advice and expertise.

Description: To encourage the commercial translation of biomedical discoveries, public policies increasingly seek to stimulate the venture capital industry. Very little is known, however, about the way venture capitalists assess the likely benefits new technologies may bring to clinical practice and healthcare systems. Drawing on a five-year fieldwork conducted in Quebec (Canada), which included in-depth interviews and document analysis, we explore why capital investors choose to invest in certain health technology-based ventures and how they influence the innovation process. Our findings clarify how capital investors: first, use market-oriented valuations when they pick and ‘coach’ technology entrepreneurs; second, act to transform and protect their investments; and finally, exert their authority along the technology development process. Current innovation policies should be carefully examined because capital investors’ understanding of the world in which they operate largely determines which health technologies make their way into healthcare systems and which may never come into existence.

Description: In China the use of public procurement as an innovation policy instrument has been closely associated with the drive to promote indigenous innovation. Implementation was largely through the use of catalogues intended to signal and to formally accredit the supply and demand of technologically-oriented products. This paper reviews these experiences by examining the wider context and three case studies. Accreditation is shown to carry a risk of protectionism. Signaling performs a function analogous to a technology roadmap and was assisted by giving listed technologies priority for public procurement. For both types of instrument the intended mechanism did not work as planned but the broader role they sought to fill was an important factor in bringing innovations to market. The appropriateness and effectiveness of such instruments are shown to be dependent upon the state of both the innovation and the procurement systems in which they are set.

Description: The past two decades have seen an increase in the use of funding schemes such as ‘centres of excellence’. This paper examines how centre of excellence schemes have been adapted to two distinct national public research systems (Norway and Sweden) and the role of the schemes in the systems. It develops a conceptual framework involving three impact dimensions of the centres: organisational, social and international. Together with principal–agent theory the conceptual framework is used to investigate and explain which dimensions are given the most emphasis in the two countries. The main findings are that, in a country with a highly competitive funding system (Sweden), funding agencies emphasise organisational impact to overcome the problem of moral hazard, while a country characterised by relatively high block grant funding of the universities (Norway) tends to emphasise international impact, and invests in strategies to overcome the problem of adverse selection.