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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

This article aims to deal with international investment disputes, with a focus on the nature of the law applicable to the merits of such disputes.

The procedure for determining the law applicable in investment disputes, the phases of determination and the impact thereof on the applicable law were analyzed. The diagonality of the disputes and its impact on the law applicable to the merits from the perspective of the interaction between national and international law were also analyzed. Further, the authors focused on the nature of the host state's breach of obligations towards the investor anchored in the investment treaty, and the effect thereof on the law applicable to the merits. In this respect, the notion of the investment itself was analyzed according to the relevant BITs and MITs. Finally, the authors analyzed the applicability of the Ordre Public concept to investment disputes.

The study provided practical demonstrations and examples of choice of law and application issues as resolved by the tribunals established under the ICSID.

The article deals mainly with the ICSID proceedings. Another should be also analyzed.

The paper provides a new insight into issues of the law applicable to investment disputes by analyzing this problematic in relation to all stages of investment arbitration proceedings. Particularly it took an innovative approach in shedding light on and analyzing the applicability of the Ordre Public concept in relation to investment protection, especially in relation to Article 52 of the ICSID Convention, and the recognition and enforcement proceedings of arbitral awards issued in the course of investment arbitration.

This paper aims to identify and empirically analyze useful and applicable metrics for measuring and managing the sustainability performance of small and medium-sized enterprises (SMEs).

To achieve the objective of the paper, potential metrics were adopted from previous research related to industrial sustainability and an empirical analysis was carried to assess the applicability of the metrics by collecting empirical data from Italian footwear SMEs using a structured questionnaire. The SMEs were selected using a convenience sampling method.

The results of the within-case analysis and the cross-case analysis indicate that the majority of the metrics were found to be useful and applicable to each of the SMEs and across the SMEs, respectively. These metrics emphasized measuring industrial sustainability performance related to financial benefits, costs and market competitiveness for the economic sustainability dimension; resources for the environmental sustainability dimension; and customers, employees and the community for the social sustainability dimension.

Apart from the within-case analysis and cross-case analysis, it was not possible to conduct statistical analysis since a small number of SMEs were accessible to collect empirical data.

The findings of the paper have considerable academic, managerial and policy implications and will provide a theoretical basis for future research on measuring and managing industrial sustainability performance. By providing a set of empirically supported metrics based on the triple bottom line approach (i.e. economic, environmental and social metrics), this paper contributes to the existing knowledge in the field of industrial sustainability performance measurement.

The purpose of this paper is to investigate the compliance of foreign investment projects with local environmental standards in Ethiopia. It examines the cause and impact of the environmental problems created by such projects as well as the necessary policy response, especially by examining the role of the applicable bilateral investment treaties (BITs) in enforcing local standards.

The research approach is fundamentally an empirical study with some doctrinal analysis. The empirical data (qualitative) was collected through interviews, focus group discussions and observation tools.

The investment projects selected for the case studies were not complying with the local environmental standards, which resulted in several environmental problems. The major cause for the overall environmental problems was not a legal gap in the local standards, but the failure of enforcing such standards by the government bodies and foreign investors. The applicable BITs also played no role in environmental protection as they do not impose environmental obligations along with enforcement mechanisms. Non-compliance with local standards can be mitigated if the applicable BITs impose environmental obligations along with workable enforcement mechanisms – as a treaty obligation has more binding force. The author argues that, in general, foreign investments are not environmental-friendly unless otherwise strictly regulated by combining local environmental standards and a BIT that imposes environmental obligations (along with enforcement mechanisms) on the foreign investors, host state and home state.

The existing literature does not deal with the environmental problems, the enforcement constraints and the role of the applicable BITs together in a single publication. They separately address these issues, which do not give a comprehensive understanding of the cause-and-effect relationship. This paper fills this gap by presenting comprehensive findings that combine the environmental problems and the associated enforcement constraints as well as the role of the applicable BITs in this regard. It also contributes to the ongoing debate concerning whether foreign direct investment is good or bad for the environment by producing empirical evidence from Ethiopia, the African continent.

E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions. However, there are several implications arising from online trading which need to be addressed, among which one is the validity of e-contracts. This research will therefore emphasise on two main components of e-contracts: choice of law and the applicable jurisdiction. While Mauritian laws were amended to give effect to digital signatures and e-agreements, there is no extensive or substantive domestic legal provision on choice of law and jurisdiction. Hence, the purpose of this study is to advocate for a greater clarity on the legal framework governing the applicable law and jurisdiction governing a conflict situation in e-contracts, with the view of increasing trust in international e-commerce and to bring in consistency with international commercial relations. This study will be carried out in the Mauritian context by adopting the black letter approach which will analyse the relevant rules and regulations concerning e-contract formation and validity. Additionally, a comparative analysis will be conducted on the legal framework relating to the applicable law and jurisdiction in e-contracts for selected countries: the European Union and the United States. These countries have been chosen for the comparison due to their high involvement in e-commerce and their advanced as well as comprehensive rules on e-commerce.

The following is an introductory profile of the fastest growing firms over the three-year period of the study listed by corporate reputation ranking order. The business activities in which the firms are engaged are outlined to provide background information for the reader.

This article comprises an attempt to find a practical method of applying the decision in the case of the Commissioner for the South African Revenue Service v Woulidge (63 SATC 483) (‘Woulidge’) to limit the application of section 7(3) of the Income Tax Act (‘the Act’). It is proposed in this article that Woulidge would also apply to the provisions of section 7(5) and paragraphs 69 and 70 of the Eighth Schedule to the Act. The approach proposed is illustrated by means of examples. The approach adopted by the Commissioner for the South African Revenue Service is also discussed. A conclusion is drawn regarding the practicality of applying Woulidge in the light of the examples.

According to generally accepted accounting practice, the objective of financial statements is to provide useful information to the primary user groups of such statements, regardless of the size of the entity. The primary users of the financial statements of SMEs are the owners, South African Revenue Services (SARS) and bankers. The recognition, measurement and disclosure requirements of full IFRSs do not result in cost‐effective and useful information being provided to the users of the financial statements of SMEs (non‐listed companies, close corporations and other small entities, irrespective of their legal form), because these users do not need the extensive and complex information provided in general purpose financial statements. Consequently, an accounting standard is required to differentiate between general and limited purpose financial statements. The International Accounting Standards Board (IASB) issued an exposure draft (ED 222) on IFRS for SMEs in February 2007. These stipulated modifications relating mainly to relaxed disclosure requirements and are more applicable to medium‐sized entities. According to a survey among preparers of financial statements in June 2007, these developments may not be adequate for the purposes of smaller entities, irrespective of their legal form. Accordingly, the study recommends that a formal, separate set of simplified differential reporting standards be developed for smaller entities.

The purpose of this paper is to investigate the applicability of lean and green practices to foundry industry in India for improving productivity and eliminating waste, incorporating the sustainability into business performance measures.

The study used survey questionnaire method to collect data against 16 lean and green practices from 71 middle- to senior-level professionals belonging to Indian foundry industry. The survey instrument of lean and green practices was developed based on a number of sources from the literature and formal discussions with academicians and foundry industry professionals. The responses were received on a five-point Likert scale ranging from least applicable to most applicable. Exploratory factor and reliability analyses are conducted to obtain and validate constructs and measure each constructs Cronbach’s α (i.e. a consistency coefficient). The lean and green practices are categorized into the four constructs, namely, workplace organization practices, management practices, inventory control practices, and industrial manufacturing and quality improvement practices. Further, descriptive statistics is employed to find out the relative significance of lean and green practices.

Factor and reliability analyses show that all four constructs are adequate and reliable to illustrate lean and green practices. Descriptive statistics indicates that lean and green practices are applicable for implementation to a certain extent in the foundry industry. Correlation analysis shows that lean practices are positively and moderately interrelated with green practices. Thus, the results present a strong evidence that lean and green practices are moderately applicable for implementation in the foundry industry.

The paper provides insights into the applicability of lean and green practices implementation in the context of a developing country and presents evidence that lean and green practices are moderately applicable in the foundry industry. In addition, this paper is one of the few efforts to promote sustainable development within the industry.