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bit_comments_aug09-4867933a2517bc5a.pdf
The document argues that the 2004 Model BIT prioritizes investor rights over public interest, specifically regarding sustainable development, environmental protection, and health and safety. The authors criticize the investor-State dispute settlement (ISDS) mechanism for bypassing domestic courts and lacking appellate review. They contend the model fails the 'no greater rights' standard by using broad definitions of investment and expropriation that deviate from U.S. Supreme Court precedent. Key recommendations include replacing ISDS with state-to-state dispute settlement, requiring the exhaustion of domestic remedies, and introducing general exceptions for health, safety, and environmental measures.
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Document type: Statement
Sustainable Development Impacts of Investment Incentives: A Case Study of the Chemical Industry in Indonesia
The document evaluates the effectiveness of investment incentives for Indonesia's chemical sector, finding that market size is a more significant driver of investment than incentives. While the industry provides some infrastructure and indirect jobs, direct local employment is limited by education levels, and the sector remains the country's primary polluter, though foreign firms often show better environmental performance than domestic ones.
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Document type: Case study
THE IMPACT OF CER DISCOUNTING ON THE COMPETITIVENESS OF DIFFERENT CDM HOST COUNTRIES
The paper investigates the potential of CER discounting to address CDM shortcomings, such as non-additionality and the uneven distribution of projects. By analyzing abatement cost curves for China, India, advanced Asian countries, and LDCs, the authors find that while discounting can increase costs for advanced developing countries and potentially incentivize them to adopt their own mitigation commitments, it is insufficient on its own to make LDCs competitive. The study concludes that financial, technical, and institutional barriers in LDCs must be overcome for them to realize their theoretical abatement potential, as the abundance of cheap projects in countries like China continues to dominate the market.
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Document type: Research paper
Competing for Business: Sustainable Development Impacts of Investment Incentives in Southeast Asia
The report analyzes the impact of investment incentives on economic growth, employment, and technology transfer in Southeast Asia. It finds that while incentives helped attract FDI in countries like Singapore, Malaysia, and Thailand, they are not sufficient on their own, as factors like political stability and infrastructure are equally critical. The document notes that technology spillovers vary by national capacity and that the 'China effect' on FDI diversion is often overestimated. It concludes that region-wide regulations and transparency are needed to prevent costly bidding wars and ensure sustainable development.
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Document type: Report
The State of Governance in Africa
The author contends that structural adjustment programmes (SAPs) and subsequent 'good governance' prescriptions failed to spur development in Africa because they focused on formal institutional arrangements while ignoring neo-patrimonialism. In neo-patrimonial states, rulers are primarily accountable to followers (clients) rather than the general public, creating a tension with Western norms of transparency. The paper suggests that state decay occurs when the informal sphere fully takes over formal structures, leading to a 'self-reinforcing spiral of state decay'. To reverse this, the author argues that African governments must move away from donor-driven blueprints and instead operationalise local, indigenous measures of legitimacy and accountability to serve developmental goals.
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Document type: Research paper
L’état de la gouvernance en Afrique
The paper examines the failure of structural adjustment programs and subsequent 'good governance' initiatives in Africa. It posits that the tension between formal institutional norms and informal neo-patrimonial practices—where leaders prioritize clients over the general public—has led to state decay. The author argues that for governance to be effective, it must be conceptualized locally, integrating informal realities into development plans rather than merely replicating Western models of transparency and accountability.
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Document type: Research paper
Assessing Sustainable Development Impacts of Investment Incentives
The guide outlines a multi-level analysis framework to evaluate investment incentives, focusing on value for money, job quality, environmental protection, and policy transparency. It emphasizes the need for ex post assessments and the preservation of policy space for host governments to impose performance requirements on investors.
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Document type: Guide
Competing for Business
The report examines how Southeast Asian countries use investment incentives to attract FDI and the resulting impacts on sustainable development. While incentives have contributed to economic growth and job creation in some nations, the report finds significant evidence of redundancy, where investments would have occurred regardless of incentives. It highlights the importance of a supportive overall investment environment over isolated incentives and notes that environmental impacts remain under-researched. The document also discusses regional investment competition, the 'China effect', and the role of bilateral and regional treaties in shaping investment regimes.
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Document type: Report
Sustainable Development Impacts of Investment Incentives
The report examines how Vietnam's investment incentives, particularly tax breaks, influence foreign direct investment (FDI) and sustainable development in the mining and quarrying sector. It finds that while FIEs outperform domestic firms economically, incentives are not the primary driver for investment decisions nor for sustainable behavior. Social and environmental commitments are often passive, driven by parent company policies or basic legal compliance rather than government incentives.
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Document type: Case study
Comercio y el Desarrollo
The report analyzes the evolution of Peru's trade policy from the 1990s liberalization to the implementation of the US-Peru FTA. It argues that sustainable development standards were primarily adopted as a 'cost' to maintain open markets rather than from internal priority. The text details the creation of the Ministry of Environment, the impact of Andean Community regulations, and the tensions between agricultural productivity (including GMOs) and biodiversity conservation. It also examines the potential of biocommerce and the transition toward a renewable energy matrix involving biofuels.
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Document type: Report
Civil Society in Search of an Alternative Regionalism in ASEAN
The document explores the tension between 'mainstream' and 'progressive' regionalism in Southeast Asia. It argues that while ASEAN has introduced a 'people-oriented' approach to gain support, civil society advocates for a 'people-centred' model where citizens are at the heart of decision-making. The author details the evolution of civil society engagement, from early academic and business influence via ASEAN-ISIS to more aggressive advocacy by networks like the Solidarity for Asian People’s Advocacies (SAPA). The paper concludes that alternative regionalism is emerging as a bottom-up process seeking to integrate human rights, social protection, and democratic participation into the regional framework.
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Document type: Research paper
The Pursuit of Sustainable Development through Regional Economic Integration
The paper argues that ASEAN's pursuit of sustainable development remains largely rhetorical, as its economic integration initiatives—such as AFTA and the AEC—often prioritize neoliberal open regionalism over the needs of marginalized groups. While the region has seen growth, significant disparities persist, with 21% of the population living in absolute poverty. The author suggests that ASEAN can become a development-oriented organization by reforming its policy of non-interference, empowering semi-skilled migrant workers and small-scale farmers, and increasing transparency in policymaking.
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Document type: Research paper
A Synthesis of Country Submissions to the UNFCCC on Technology
The document maps the positions of various UNFCCC Parties across the innovation lifecycle—from research and development to commercial deployment—to facilitate negotiations on the Bali Action Plan. It highlights a range of proposed mechanisms, including Multilateral Technology Funds, venture capital for demonstrations, and collaborative R&D targets, such as doubling energy-related RD&D globally by 2012.
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Document type: Briefing
Erasing the Future: The Tragedy of Africa's Education
The document examines the 'education crisis' in Sub-Saharan Africa, arguing that the narrow focus on the UN Millennium Development Goals' target of universal primary education has compromised teaching quality and diverted funds from secondary and tertiary levels. It highlights critical barriers to progress, including the HIV/AIDS epidemic, severe teacher shortages, outdated colonial curricula, and gender disparities. The report contends that without systemic reforms—including better teacher training, increased investment in science and mathematics, and a shift toward vocational and secondary education—the region will remain economically marginalised and unable to compete globally.
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Document type: Report
Can India deliver the goods?
The paper argues that a free trade agreement between Sacu and India is likely to be 'commercially shallow' due to low non-gold trade volumes, conflicting industrial protections in textiles and chemicals, and India's strategic priority of integrating with the Association of South East Asian Nations (Asean). While there is potential complementarity in services, the author notes that India's restrictive investment rules and defensive negotiating style make significant concessions unlikely.
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Document type: Research paper
International Investment Agreements, Business and Human Rights
The document analyzes how international investment agreements (IIAs) and investor-state dispute settlement (ISDS) mechanisms interact with human rights obligations. It finds that most IIAs are silent on human rights, and the current ad hoc nature of investor-state arbitration creates legal uncertainty for states attempting to enact new human rights or environmental regulations. The author argues that the lack of transparency in these proceedings undermines democratic accountability and recommends the development of model clauses to protect the 'right to regulate' and ensure human rights values are embedded in investment law.
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Document type: Research paper
Urban Air Pollution in Asia
The document serves as the first module of a foundation course on air quality management in Asia. It examines the primary drivers of urban air pollution, including fuel combustion from stationary sources and the significant impact of road traffic, particularly motorcycles and old diesel vehicles. It distinguishes between ambient, indoor, and transboundary air pollution, highlighting the severe health impacts of particulate matter (PM2.5) and the role of greenhouse gases in climate change. The text also assesses the air quality management (AQM) capabilities of 20 Asian cities, categorizing them from 'excellent' to 'limited'.
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Document type: Guide
Monitoring
The document outlines the essential components of air quality monitoring, from initial network design and site selection to equipment choice and data interpretation. It emphasizes the need for a structured approach to monitoring to support policy decisions and public health protection, particularly in developing countries.
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Document type: Guide
Governance and Policies
The document outlines a strategic approach to air quality management (AQM) specifically for Asian cities, emphasizing the integration of health-based guidelines, clean air implementation plans, and multi-stakeholder governance. It details various policy instruments—ranging from 'command and control' regulations to economic incentives and voluntary agreements—and provides specific strategies for reducing emissions from transport, industry, and area sources. Additionally, it explores the synergies between urban air quality improvements and climate change mitigation, particularly through the Clean Development Mechanism (CDM).
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Document type: Guide
Imagine a World...
In a 2007 speech, Amory B. Lovins advocates for 'linked, multiplying solutions' to global problems, envisioning a future where energy efficiency, distributed renewables, and advanced biofuels replace oil, coal, and nuclear power. He describes a world where carbon emissions decline profitably, resource waste is eliminated through biomimicry and integrative engineering, and global stability is achieved through the removal of energy-driven conflicts and the adoption of a resource-efficient human population.
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Document type: Statement