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Mahdev Mohan

Abstract

Querying Poulsen’s view that some States negotiate investment treaties in ‘bounded’ rational ways, this article focuses on how the recently concluded European Union-Singapore Free Trade Agreement (EUSFTA) illustrates the evolution of Singapore’s treaty practice. Singapore has abandoned the ‘old’, and has joined the bandwagon of next-generation FTAs; yet, shrewdly, it is not fully convinced about the ‘new’ either. For example, the EUSFTA does not include a most-favoured nation clause, and does not commit to an appeals mechanism, unlike its Canadian and Vietnamese counterparts. Singapore’s caution appears to be motivated by a pragmatic desire to avoid the pitfalls that these provisions could bring with them, as Investor-State arbitration (ISA) jurisprudence demonstrates, and to study the implications of a recent decision by the EU’s highest court regarding the FTA. Indeed, that shows that the EU itself is now equally wary of the ISA regime removing disputes from the jurisdiction of national courts.

Series:

Mahdev Mohan

This chapter focuses on how the European Union-Singapore Free Trade Agreement (eusfta) illustrates the evolution of Singapore’s treaty practice. Singapore has abandoned the ‘old’, and has joined the bandwagon of next-generation ftas; yet, shrewdly, it is not fully convinced about the ‘new’ either. Singapore’s caution appears to be motivated by a pragmatic desire to avoid the pitfalls that these provisions could bring with them, as investor-State arbitration (isa) jurisprudence demonstrates, and to study the implications of a recent decision by the eu’s highest court regarding the fta which has delayed the agreement’s implementation. Indeed, Opinion 2/15 shows that while Singapore may have largely entertained isa as it stands, eu States are wary of the isa regime removing disputes from the jurisdiction of national courts. This chapter attempts to unpack the significance of the opinion, and concludes, inter alia, that the court’s findings on shared competence regarding dispute settlement may constitute a call for Europe and the world to consider dispute settlement modalities beyond investment arbitration.

Jake Hobbs

Crowdfunding is a form of financing, which utilizes the crowd in order to collect small contributions from a large number of individuals. Its recent rise in prominence has been attributed to the Web 2.0 era, credited for enabling greater two-way interaction and participation between creators and consumers of content. Despite the growth of interest in crowdfunding, there remains relatively little academic work on the subject; particularly there is a lack of work that specifically analyses particular types of campaigns in order to determine common drivers. With the model’s rise in popularity, it is becoming a ‘go-to’ method for creative’s seeking financial support for their projects when ‘traditional’ means of financing are problematic. In particular crowdfunding offers an attractive proposition for small creative companies, who faced with a number of limitations imposed by their commercial demands can find successfully delivering their own original content difficult. However, without an informed understanding of crowdfunding practices there is the danger that many will ‘jump on the bandwagon’ in misguided and costly attempts at financing the crowd. This chapter identifies the common drivers of success within crowdfunded film projects based on a review of both successful and unsuccessful campaigns, carried out upon a notable crowdfunding platform. Notable drivers of success include size of campaigners networks, depth of rewards, campaign size, and content precedence. Crucially, an already established creative identity can be a key determinant of success, thus questioning crowdfunding’s ability to provide viable financing for small creative companies seeking to establish their identity in the market. This chapter produces insight for creative practitioners who are considering the use of crowdfunding as a means for financing their creative projects. Guidance is offered on the internal structures and campaign practices required, so as to avoid what can be naïve and costly assumptions.

Ko Yiu Chung and Chan Kwok Bun

package of oncogene theory and recombinant DNA tech- nologies help promote “ intersections among di V erent social worlds which, in turn, facilitated the rapid development of oncogene research and the larger molecular biological cancer research bandwagon”. She proposes that the bandwagon is the process by

Susan Rowland

Post-truth , bullshit is an art making creative, even horrifying use of seductive, appealing narratives, creating a ‘bandwagon’ effect where individuals are lured into following a crowd, managing expectations and framing debates in ways that radically alter their implications. Not only is the

Korea's Foreign Policy Dilemmas

Defining State Security and the Goal of National Unification

Sung-Hack Kang

Koreans historically consider their country as a victim of foreign powers – sometimes seeing themselves as a shrimp among whales. In fact, Korea's national status has to a great extent been determined by the historical rivalries between the great powers. This collection of essays, produced over time by one of Korea's leading political scientists, probes many of the fundamental post-Korean-War issues South Korea has wrestled with in the context of its foreign policy positions, not least the question of how it actually defines its foreign policy, its relationship with the United States, and the ever-present security issues. Other essays examine the role of the US on the Korean peninsula after the end of the Cold War; what policy directions South Korea should take towards North Korea; what is North Korea's security policy; and what are the conditions for reunification. This thought-provoking volume provides a valuable overarching framework towards a more informed understanding of how South Korea's relationship with the outside world has evolved in the twentieth century and the manner in which it is likely to do business in the twenty-first.

Bond and Meghan Fougere Article 21(3) of the Rome Statute: A Plea for Clarity  513–550 Stephen Bailey International Criminal Law Is not a Panacea -Why Proposed Climate Change ‘Crimes’ Are Just Another Passenger on an Overcrowded Bandwagon  551–587 Geoff Gilbert

I. William Zartman

bandwagonning, depending on whether the newly- added parties affect the shape of the growing mass or simply come on board a moving machine. However, on that general process there are important variations that depend on the nature of the core and the basis of its cohesion. 180 I. WILLIAM ZARTMAN These

Subedi

terrorism in the aftermath of the 11 September 2001 events and to present themselves as “compassionate” world leaders but not much more beyond that. The poorer countries were asked to fur- ther liberalize their economy, make a wholesale subscription to the bandwagon prescribed by the WTO and the World Bank

Jean Allain

the trafficking offense, Borg Jansson can win over states to jettisoning years of vested diplomatic and legislative engagement, by building a new global consensus around her vision of the future. Once that bandwagon starts rolling, I’m sure to hop on. 1 See Conny Rijken, ed., Combating