Throwing the Baby Out with the Bathwater: Australia’s New Policy on Treaty-Based Investor-State Arbitration and its Impact in Asia

Abstract

Treaties allowing investors to initiate arbitration claims directly against host states for illegally interfering with cross-border investments are becoming increasingly common in Asia, but Australia announced in 2011 that it will no longer include such protections in future treaties. The backdrop to this decision includes keen interest from Asia in foreign direct investment (FDI) into Australia’s resources sector, meaning that potential investors may not be significantly deterred by a lack of arbitration provisions in future treaties. This article argues, however, that Australia’s policy shift risks undermining the entire investor-state arbitration (ISA) system, with the earliest impact being felt by major pending treaty negotiations by Australia with Japan, China and Korea (respectively); and that the shift may significantly reduce FDI flows or have other adverse effects. The article criticises the cost-benefit analysis of ISA protections in one pivotal study conducted in 2010 by an Australian Government think-tank, arguing that this assessment is insufficiently nuanced. Instead, the article presents a justification for more tailored and moderate changes to ISA provisions in future treaties. Its tentative interest-group analysis suggests, however, that there may be surprisingly few public or private constituencies that would prefer such moderate reforms, and that most may well prefer the more extreme position recently adopted by Australia, despite the damage that will be done to the ISA system as a whole. The article also argues that Australia’s policy shift and think-tank analysis may make Asian countries more cautious about ISA, especially those (like the Philippines and Vietnam) which have traditionally been more cautious about this dispute resolution system.     

Who goes there? Accounting for gender in the urge to explore abandoned military bunkers

This article enquires into the motivations of ‘bunkerologists’ – a term coined for analytic convenience by the author to describe those who research, explore and survey twentieth century military bunkers as a hobby. Specifically, it considers the gendered dimension of this predominantly male pastime. In doing so, the article examines the role of a range of cultural influences, including signification of militarism, inter-generational initiation and remembrance around themes of defence and labour, human-technology relations, conquest, and hermitic escapism. These factors all appear to have roles to play in disposing individuals towards participation in this practice. The analysis finds the source of many of these influences within a particular mode of English male socialisation, and masculinities related to it, prevalent in the late twentieth century. The analysis presented is also grounded in an auto-ethnographic exploration of the biographical roots of the author's own choice of this research topic and the effect of the research upon him and his family. Whilst the subject matter of the study may be regarded as somewhat arcane, the analysis of the role of socialisation within routes to participation in this predominantly masculine pastime may help to illuminate the motivational frameworks of other rarely studied, and seemingly introverted, ‘male’ hobbies such as train spotting, stamp collecting and sport fishing (angling).     

Materialities of Nostalgia at the Old Homestead

This paper reflects on processes of memory- and history-making at the Elihu Akin House, a historic site in a New England coastal village. Since the late 18th century, the house has been a place of dwelling and deliberate recollection. Recent archaeological excavations, a 1922 silent movie, and an Akin son’s 1778 letter represent multiple media, periods, and perspectives, for which the house serves as a touchstone. These three occasions comprise an archive of nostalgia. Remembrance is repeatedly filtered through and entangled with in-process experiences. The material and emotional are mutually constituted as the house is reinvested with significance. Understanding these processes has implications as the site is developed into a heritage center striving to present not only local and regional history, but also the methods and challenges of heritage management.     

Alkaline cooking and stable isotope tissue-diet spacing in swine: archaeological implications

In this study we examine the effects of alkaline cooking on carbon and oxygen stable isotopic ratios of mineralized tissues from nine pigs raised on monotonous mixed C3/C4 vegetarian diets. Two sources of collagen (humerus and mandible) and two sources of apatite (humerus and enamel) were analyzed. Within each diet group, humerus and mandible collagens were found to record equivalent δ¹³C and δ¹⁸O ratios; however, enamel apatite was found to be enriched over bone apatite by 2.3‰ in carbon and 1.7‰ in oxygen. Alkaline cooking was found to slightly, but significantly increase the Δ¹³C_{collagen-diet} and Δ¹⁸O_{collagen-diet} of bone collagen. A similar trend towards enrichment was observed in bone and enamel Δ¹³C_apatite-diet and Δ¹⁸O _apatite-diet, but the differences were not significant. Observed isotopic shifts were consistent with increased nutrient utilization of the alkaline-cooked maize as compared to raw maize. In addition, a reexamination of the relationship between diet and tissue carbon isotopic values suggests that species and alimentary type should be considered when interpreting ancient diets.