International Investment Law – Moot Court

International Investment Law – Moot Court

Eco Oro Minerals Corp. v. The Republic of Colombia

RESPONDENT

I) Introduction:

1. Dear Madam Presiding Arbitrator, dear Members of the Arbitral Tribunal, my name is XX and today I joined by my co-counsels XX here on behalf of Respondent, the Republic of Colombia in these ICSID proceedings Claimant, Eco Oro Minerals Corp.

2. Today, we will structure our pleadings as …

1. Summary of Dispute:

3. Let me begin by providing an overview of the facts that have brought us here today.

4. This dispute arises out of environmental protection measures that Respondent adopted in connection with the paramo ecosystem in Santurbán. Claimant is now baselessly alleging that these measures deprived it of its mining rights under a concession contract. The concession contract was entered into between Eco Oro and INGEOMINAS on 8 February 2007 for the exploration and exploitation of a deposit of different precious metals and minerals like gold, silver, zinc, copper and tin.

5. This contract relates to the Angostura gold and silver deposits located in the Soto Norte region of the department of Santander, within the Vetas California gold district in Colombia.

II) Preliminary Matters: Jurisdiction

6. We begin by respectfully arguing that the Tribunal lacks jurisdiction to hear the merits of this case. We submit four reasons why this is so. First …, Second…, Third.. and Finally…

7. Lorem ipsum …

II) Colombia has validly denied the benefits of Chapter Eight of the FTA to Eco Oro in accordance with art. 814(2) of the Treaty

8. The Tribunal lacks jurisdiction because Respondent validly denied the benefits of the FTA to Eco Oro. Respondent submits that art. 814(2) permits State parties to deny the advantages of the Treaty, including access to international arbitration, to companies which are owned or controlled by nationals of third States and have no substantial business in their State of incorporation.

9. Lorem ipsum …

II) Eco Oro Is Not A Protected Investor Under The FTA, Because It Assigned Its Claims to Non-Canadian Nationals

10. The Tribunal lacks personal jurisdiction over Eco Oro because the true beneficiary of the claim is a Delware-incorporated US company (Trexs) to whom Eco Oro assigned the benefit of its claim in July 2016.

11. Look at art. 838 of the FTA

12. Lorem ipsum …

II) Eco Oro Failed To Comply With Four of the Mandatory Conditions Precedent to Arbitration, Including Failing to Bring Its Claims Within the Limitation Period

13. The Tribunal lacks jurisdiction because Eco Oro has failed to comply with four mandatory conditions precedent set forth in art. 821 FTA. Failure to comply with the conditions in art. 821 results in nullification of Colombia’s consent to arbitrate.

14. Lorem ipsum …

II) Eco Oro’s Claim Falls Outside the Tribunal’s Temporal and Subject-Matter Jurisdiction

15. First, Eco Oro’s claims relate to a prohibition on mining in the paramo areas which has been in force since 2010. This was before the entry into force of the FTA on 15 August 2011 and the dispute between the Parties therefore arose before this entry into force. Eco Oro’s claims therefore fall outside the temporal scope of the FTA.

16. Second, Eco Oro’s claims fall outside the substantive scope of the FTA. Respondent argues that art. 2201(3) of the FTA should be construed as providing that nothing in the FTA is to be read as restricting the Contracting Parties’ ability to adopt measures “necessary to protect human, animal or plant life or health” and for “the conservation of living or non-living exhaustible natural resources”. Therefore, Respondent did not consent to arbitrate disputes that relate to such measures and fall outside the scope of the covered measures, under Section A of the FTA.

17. Eco Oro’s claims fall squarely within the Environmental Exception of the FTA and therefore outside of the Tribunal’s jurisdiction. The measures were all necessary for the protection of human, plant and animal life, namely the paramo ecosystem and for the conservation of non-living exhaustible natural resources, namely water.

18. Opinion of the Court of Justice of the European Union that states that environmental exceptions in investment instruments can act as a bar to jurisdiction over claims concerning measures for the protection of the environment.

III) Substantive Claims

19. If this Tribunal were to find, against our primary submission, that it does in fact have jurisdiction to hear this case, we would like to submit the following arguments on the merits, contesting all of the allegations that Claimant has brought forward:

III) Colombia Did Not Unlawfully Expropriate Eco Oro’s Investment

III) First, the FTA establishes the primacy of environmental protection over trade and investment.

20. A good faith reading of the FTA proves that the primacy of environmental protection over trade and investment is clear.

21. Lorem ipsum …

III) Second, Respondent did not expropriate Eco Oro’s investment

22. The measures complained by Claimant did not have an effect equivalent to direct expropriation as there was no deprivation.

23. Lorem ipsum …

John, Lesa, and Trevor form a limited liability compan

Case Study1

John, Lesa, and Trevor form a limited liability company. John contributes 60 percent of the capital, and Lesa and Trevor each contribute 20 percent. Nothing is decided about how profits will be divided. John assumes that he will be entitled to 60 percent of the profits, in accordance with his contribution. Lesa and Trevor, however, assume that the profits will be divided equally. A dispute over the profits arises, and ultimately a court has to decide the issue.

 

 

Q1) What will be the result?

Q2) How could this dispute have been avoided in the first place?

 

 

Case Study2

 

Deidre McFadden came to the offices of Webber & Associates seeking help in organizing her business, Fashion Angels, a toy-making enterprise focusing on dolls with multiple outfits. She wants to run the business and has few personal assets so is not worried about personal liability. Deidre’s aunt, Penelope, is elderly, wealthy, and adores her only niece. Penelope is willing to invest $500,000 to start the business, and Deidre has $10,000 to contribute on her own. Deidre expects to do all the work without compensation as it will take at least a year before Fashion Angels will make any profit. Penelope will sign any agreement terms, with one condition. Penelope is insisting that Deidre cannot leave the company, stating “I don’t want my money going to a stranger, it’s for Deidre.”

Deidre is looking for your advice as to the type of entity that would suit her best. “I don’t want my aunt to become the target for bill collectors if I fail. And to be honest, I really don’t want her interfering in the business because she can be quite aggressive.”

Q1) What advice would you give Deidre?

the advantages and disadvantages of having a checking account

the advantages and disadvantages of having a checking account

Benjamin Franklin reportedly said, “In this world nothing can be said to be certain, except death and taxes.” In other words, taxes will always be with us.

When we think of taxes, we often focus on the largest one, the federal personal income tax. But we also pay other taxes. Some are federal, and some are only in specific geographic areas (cities or states). Paying taxes can have a significant impact on our household budget. However, it’s also important to note the benefits we receive from services that are funded by tax dollars (public education, roads, parks, food assistance, etc.).

Identify one tax (other than federal personal income tax) you pay and one benefit you utilize that is funded by tax dollars. How do both of these impact your life and your family member’s lives?

Also, please respond to the post of at least one classmate.

the advantages and disadvantages of buying a home compared to renting

For many Americans, buying a home is a goal. But it is also expensive compared to renting. Explain some of the advantages and disadvantages of buying a home compared to renting. What are some of the key issues a first-time homebuyer should consider?

Additionally, describe a housing-related goal that you may have for yourself. What types of financial information might you need to be able to create a starting point for reaching this goal? Will you consult a financial advisor, open a savings account, or reach out to someone you know who has purchased a home?

Example of a housing goal: “I’d like to have 20% saved as a down payment on a new home.”

risky financial decision

Your webtext says, “In the world of finance, there is one certainty: you must take more risk to earn a higher return.” It then identifies the following types of risk: inflation risk, business risk, interest rate risk, and liquidity risk.

Risk is a consideration in many of the decisions we make. Describe a risky financial decision made by you or someone else. What were the downsides of the decision? What were the upsides? How might your financial goals and personal financial plan impact the amount of risk you are willing to take on regarding a financial decision?

Example of a risky financial decision: Withdrawing money from your retirement savings to fund a business start-up

 

consequences of not having insurance

consequences of not having insurance

Insurance companies willingly take on our risks for a fee. Give an example of a risk that you or someone else has chosen to insure.

How could you use your technology skill and Microsoft Excel to organize, analyze, and compare data to decide if a specific insurance is a good value for the example you gave? Think about the cost and consequences of not having insurance versus the cost of the insurance over time.

saving and investing

Economists talk about saving and investing as two separate steps. After an individual has saved some money, it’s time to decide on investments.

Describe an investment that you or someone else could make. What are the advantages of this investment? What are the disadvantages? What types of information would you review or who would you consult to help inform your decision about this investment?

Example of an investment: Deciding to enroll in your employer’s 401K plan.

the federal personal income tax

Benjamin Franklin reportedly said, “In this world nothing can be said to be certain, except death and taxes.” In other words, taxes will always be with us.

When we think of taxes, we often focus on the largest one, the federal personal income tax. But we also pay other taxes. Some are federal, and some are only in specific geographic areas (cities or states). Paying taxes can have a significant impact on our household budget. However, it’s also important to note the benefits we receive from services that are funded by tax dollars (public education, roads, parks, food assistance, etc.).

Identify one tax (other than federal personal income tax) you pay and one benefit you utilize that is funded by tax dollars. How do both of these impact your life and your family member’s lives?

Risk Management Program Analysis

1

 

The purpose of this assignment is to analyze how an organization’s quality and improvement processes contribute to its risk management program.

This assignment builds on the Risk Management Program Analysis – Part One assignment you completed in Topic 1 of this course.

Assume that the sample risk management program you analyzed in Topic 1 was implemented and is now currently in use by your health care employer/organization. Further assume that your supervisor has asked you to create a high‐level summary brief of this new risk management program to share with a group of administrative personnel from a newly created community health organization in your state who has enlisted your organization’s assistance in developing their own risk management policies and procedures.

Compose a 1,250‐1,500 word summary brief that expands upon the elements you first addressed in the Topic 1 assignment. In this summary brief, address the following points regarding your health care organization and its risk management program:

1. Explain the role of your organization’s MIPPA-approved accreditation body (e.g., JC, ACR, IAC) in the evaluation of your institution’s quality improvement and risk management processes.

2. Describe the roles that different levels of administrative personnel play in healthcare ethics and establishing or sustaining employer/employee-focused organizational risk management strategies and operational policies.

3. Illustrate how your organization’s risk management and compliance programs support ethical standards, patient consent, and patient rights and responsibilities.

4. Explain the legal and ethical responsibilities health care professionals face in upholding risk management policies and administering safe health care at your organization.

5. Relate how your organization’s quality improvement processes support and contribute to its overall journey to excellence.

 

 

 

 

 

 

 

 

 

Risk Management Program Analysis (Part 2)

Grand Canyon University

11/27/2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

https://myassignmenthelp247.com/

The Role of Joint Commission in evaluating organizational risk.

The joint commission plays a significant role in evaluating the organization’s risk management program. The JC stresses the connection between risk management and performance activities (MIPAA, 2019). The provision calls the hospital to analyze various activities for any potential risks. By allowing the organization to connect preference activities to risk management, it facilitates risk analysis in every job to help in the identification of risk. The measures also enable risk management professionals to identify risks that cannot be identified through ordinary procedures.

The JC recommends measures to allow organizations to target loss prevention actions. The commission suggests measures such as Root Cause Analysis (RCA), a systematic approach for identifying the causes of accidents and the measures to overcome the causes (MIPAA, 2019). The RCA is significant for fall prevention because it enables the organization to identify and analyze the causes of falls and the possible solutions.

The JC also recommends Failure Mode and Effects Analysis (FMEA) which is crucial for identifying weakness within the clinical services and high-risk procedures (MIPAA, 2019). The FMEA measures and recommendations also enable the hospital to identify risks based on various procedures and how weaknesses of the various services can lead to fall risks. The JC recommends special resources and expertise such as the patient safety officer (PSO), whose role is to ensure excellent patient care and services. The PSO can help the hospital identify various risks related to patients that can increase the chances of falling.

 

 

Administrative personnel and their roles in enforcing risk management protocols

Managers play a significant role in risk management in the hospital. Their main duty is to oversee the risk analysis and prevention measures to ensure they are updated and effectively accomplish the desired objectives. The procurement and risk management managers and departments ensure the hospital has the necessary resources to mitigate the risk (Hendrich, 2018). They ensure the hospital has special facilities such as movement-assisted devices, which are crucial for achieving safety and quality standards set by the Joint Commission.

The risk manager and his team are responsible for organizational risk identification and analysis. They analyze all the processes and services to identify potential sources of risks. They also collaborate with other members from various departments to ensure the hospital can identify factors contributing to the rising risks in the hospital (Hendrich, 2018). The risk management department, led by the various managers, oversees risk evaluation to ensure the organization takes instant measures to deal with the risks. The risk manager also files a risk assessment report and presents it to the organization’s management board to seek instant action.

The human resources department ensures the hospital has the right personnel to enforce risk management procedures. This includes employing competent and enough nurses and other medical personnel to improve medical care serves delivered to patients. The measure also increases the patient-nurse ratio, reducing risks due to lack of adequate nursing care and assistance (Hendrich, 2018). The human resources department is also responsible for training the medical personnel to ensure they have the necessary skills to implement and enforce various risk prevention standards set by the hospital.

Terrorism, Mass Casualty, And Disaster Nursing

1. The local community hospital routinely practices activation of its Emergency Preparedness Plans. One key aspect of the emergency preparedness exercise is to provide all staff with opportunities to practice their various roles. During an actual emergency. Registered nurses from the emergency department frequently have key roles in patient triage. And emergency management. (Learning Objective 2)

  1. How is triage different in a disaster from triage on a routine day in the emergency department?
  2. What are the triage categories during a mass casualty incident?
  3. During the disaster exercise, a simulated patient with a penetrating head injury who does not respond to painful stimuli. And has a Glasgow Coma Scale of 5 is brought to the emergency department. In what category should the patient be placed?

2. The nursing staff in the emergency department are placed on alert for a Level I disaster at a local mall. A bomb exploded, and there were multiple causalities as a result. A field disaster triage was set up, and the hospital was notified of a bus load of patients who would arrive at the emergency department for needed care. The ambulance will bring patients needing emergent care. (Learning Objective 5)

  1. What physical injuries may occur after the primary blast event. And what management is needed?
  2. What physical injuries may occur after the secondary blast phase. And what management is needed?