Although the China–EU Comprehensive Agreement on Investment (CAI), currently under negotiation, covers only bilateral investments, it may clear the path for a potential free trade agreement between the parties. Its relevance goes beyond the purely economic and legal impact, owing to the central importance that these two regions have both economically and strategically in their wider neighbourhood and worldwide, often in competition with the interests of other world powers. In particular, the chapter identifies the provisions of fair and equitable treatment (FET), taxation, and transparency as the core issues in the negotiation process, and highlights both their features and relevance. The latter can be inferred from the frequency of alleged breaches in investor–state cases, and therefore it is on these issues that the legal discussion of the greater part of arbitration cases focuses. It is of essence that China and the EU carefully design all the clauses in the CAI, concluding a treaty able to foster investments in both directions and satisfy the parties’ interests, both as home states of investors and as host states. With these features, the CAI has full potential to serve as a role model for the rest of the world.
The concept of nature changed over time, modifying the relationship between nature and man: in some cultures man and nature are considered as deeply connected, in others definitely separated. The leading ideas about nature are reflected in work pertaining to the legal, musical and educational fields. This study provides insights into these issues, trying to highlight specific analogies which connect the concept of nature and its application in the cited fields.
The Creative Problem Solving theory analyzes the main steps of a creative process: problem identification and delineation, information gathering, idea generation, its evaluation, refinement, implementation, and verification. Based on the findings of this theory, the present study aims at highlighting that not only artists and composers perform their tasks in a creative way, but also professionals doing jobs which are considered as not particularly creative. This study focuses in particular on continuo players and investment lawyers, stressing the often-overlooked creative elements of these jobs. The paper’s conclusions highlight the individual and social returns of promoting creativity
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