Bolivia Research Articles

Paisajes prehispánicos Tardíos en San Juan Mayo (frontera Argentina - Bolivia)

Fil: Nielsen, Axel Emil. Consejo Nacional de Investigaciones Cientificas y Tecnicas; Argentina. Secretaria de Cultura de la Nacion. Direccion Nacional de Cultura y Museos. Instituto Nacional de Antropologia y Pensamiento Latinoamericano; Argentina

The ICSID Convention and nationals of another contracting State that are owned by nationals of the respondent State: back to basics

ABSTRACT: The ICSID tribunal in Venoklim Holding B.V. v. the Bolivarian Republic of Venezuela held in its award that the claimant, though incorporated in The Netherlands, did not qualify as a foreign investor under the ICSID Convention because it was owned by Venezuelan nationals. However, this holding is contrary to the plain meaning of the ICSID Convention and runs counter to established case law on the issue. Thus, the purpose of this article is to review the ICSID Convention and relevant ICSID jurisprudence to show that Venoklim Holding B.V. and all foreign juridical persons that are owned by nationals of the respondent State should be considered as foreign investors under the ICSID Convention over which an ICSID tribunal has jurisdiction.

New species and host plants of Anastrepha (Diptera: Tephritidae) primarily from Peru and Bolivia.

Twenty-eight new species of Anastrepha are described and illustrated: A. acca (Bolivia, Peru), A. adami (Peru), A. amplidentata (Bolivia, Peru), A. annonae (Peru), A. breviapex (Peru), A. caballeroi (Peru), A. camba (Bolivia, Peru), A. cicra (Bolivia, Peru), A. disjuncta (Peru), A. durantae (Peru), A. echaratiensis (Peru), A. eminens (Peru), A. ericki (Peru), A. gonzalezi (Bolivia, Peru), A. guevarai (Peru), A. gusi (Peru), A. kimi (Colombia, Peru), A. korytkowskii (Bolivia, Peru), A. latilanceola (Bolivia, Peru), A. melanoptera (Peru), A. mollyae (Bolivia, Peru), A. perezi (Peru), A. psidivora (Peru), A. robynae (Peru), A. rondoniensis (Brazil, Peru), A. tunariensis (Bolivia, Peru), A. villosa (Bolivia), and A. zacharyi (Peru). The following host plant records are reported: A. amplidentata from Spondias mombin L. (Anacardiaceae); A. caballeroi from Quararibea malacocalyx A. Robyns & S. Nilsson (Malvaceae); A. annonae from Annona mucosa Jacq. and Annona sp. (Annonaceae); A. durantae from Duranta peruviana Moldenke (Verbenaceae); and A. psidivora from Psidium guajava L. (Myrtaceae).

POSSIBILITIES OF THE SOLAR ENERGY USE FOR THE POWER SUPPLY OF INDEPENDENT CONSUMERS IN VENEZUELA

The paper analyzes the schedules of the electric load to the different consumers depending on their level of life, and the parameters of the elements of heat and power supply based on schemes of the solar energy use concerning the adopted Venezuela’s government program of development of power supply on the basis of solar energy. In addition, it stresses the importance of a problem of power supply of independent consumers in remote areas of Venezuela. Moreover the paper presents a comparison of the technical parameters of schemes of power supply using different types of solar modules for the conditions of the Alta Guajira area in the Bolivarian Republic of Venezuela and examines the use of vacuum solar collectors for hot water supply consumers.

RESEARCH OF EFFICIENCY OF THE USE OF POWER SUPPLY SYSTEMS ON THE BASIS OF PHOTOVOLTAIC MODULES FOR INDEPENDENT CONSUMERS IN VENEZUELA

In the Republic of Venezuela, the government adopted a development program of power supply of the population on the basis of solar energy use. Therefore an urgent task is to determine the structure and parameters of scheme of power supply, and also to evaluate the efficiency of use of different types of solar modules for the conditions of the country. The purpose of this paper is to analyze the efficiency of silicon solar modules and solar modules with a holographic concentrator, each with and without water cooling systems, in the operational conditions of the area Alta Guajira in the Bolivarian Republic of Venezuela. The paper presents the study results of the effect of the cooling system on the characteristics of the holographic and conventional solar module.

Book Review: The Americas: Evo's Bolivia: Continuity and Change

Book Review: The Americas: Evo's Bolivia: Continuity and Change

Beyond Gold Reserve Inc. v Bolivarian Republic of Venezuela: The Host State’s Capacity to Regulate Extractive Activities in Light of Canadian Firms’ Experience in International Investment Treaty Arbitration

AbstractIn a recent award involving Gold Reserve Inc., an international investment arbitral tribunal concluded that Venezuela had to pay compensation of US $713 million for violations of the fair and equitable treatment provision of an international investment agreement between Canada and Venezuela. This decision contrasts sharply with the outcome of other investment disputes concerning Canadian extractive companies. Relying on a detailed analysis of awards involving EnCana Corporation, Glamis Gold Ltd. and Vannessa Ventures Ltd., this article recalls that host states can take measures to increase the benefits and limit the negative impacts of extractive industries’ activities without breaching their obligations under international investment law.

Gold Reserve Inc. v. Bolivarian Republic of Venezuela: Enshrining Legitimate Expectations as a General Principle of International Law?

In recent years, arbitral tribunals have frequently referred to the concept of legitimate expectations when analyzing a state’s obligation to provide fair and equitable treatment. Indeed, an investor’s legitimate expectations have become so central to the fair and equitable treatment obligation that the latter is now rarely invoked without reference to the former. Notwithstanding the increasing importance of this concept, however, the legal nature of legitimate expectations is still unclear. A minority of arbitral tribunals have categorized legitimate expectations as a general principle of international law. This trend was followed in the recent award in Gold Reserve Inc. v. Bolivarian Republic of Venezuela. This note examines the legal analysis of the Gold Reserve tribunal, before concluding that—if understood in a narrow sense—the concept of legitimate expectations can indeed be understood as a general principle of international law.

Venoklim Holding B. V. v. Bolivarian Republic of Venezuela

On April 3, 2015, the ICSID tribunal in Venoklim Holding B. V. v. Bolivarian Republic of Venezuela issued the first public decision to consider the effect of a state’s denunciation of the ICSID Convention (Convention). The tribunal decided that Venezuela’s denunciation on January 24, 2012, did not preclude jurisdiction over a claim submitted in the period after notification of the denunciation but before its effective date. Yet the tribunal also held that Venezuela’s domestic statute was insufficient as an autonomous offer of consent to ICSID arbitration, and that the conjunction of the statute with an investment treaty did not confer such consent where the conditions in the statute were not fulfilled. The award was notable too because of the majority’s holding that the tribunal lacked jurisdiction owing to the Venezuelan nationality of the underlying beneficial owners of the Dutch corporation that was the claimant in the ICSID arbitration. The Tribunal held that, because the claimant was effectively owned by Venezuelan nationals, the requirement of foreign ownership or control was not satisfied for the purposes of the applicable Venezuelan investment statute and the ICSID Convention.

A new genus and two new species of Rhopalophorini Blanchard, 1845 (Coleoptera, Cerambycidae, Cerambycinae).

A new genus and two new species of Rhopalophorini Blanchard, 1845 are described, and figured: Allorhopaliella boliviana, gen. nov, sp. nov., from Bolivia; and Rhopalophora peruana sp. nov., from Peru. The new species of Rhopalophora Audinet-Serville, 1834 is included in a previous key.

Tidewater v. Venezuela: Property Rights Capable of Expropriation in a Company Operating under Short-Term Contracts

Despite operating for more than fifty years in the Venezuelan market, Tidewater Marine, C.A. (SEMARCA) did not have a permanent concession contract with Petróleos de Venezuela S.A. (PDVSA) or any of its subsidiaries. Instead, SEMARCA operated on the basis of short-term contracts that were periodically extended. This did not prevent an ICSID tribunal (hereinafter ‘the Tribunal’) from finding that SEMARCA was a going concern operating an open-ended business, which was expropriated by the Bolivarian Republic of Venezuela (hereinafter ‘Venezuela’ or ‘the Respondent’). The Tribunal awarded two Barbadian subsidiaries of Tidewater (hereinafter ‘the Claimants’) damages up to the amount of USD 46.4 million. The main issues dealt with in the case are: (i) the existence of property rights capable of expropriation; (ii) the legality of an expropriation where proper compensation was not afforded to the investor at the time of the measures or shortly thereafter; (iii) whether outstanding accounts receivable should be included when valuing an expropriated company; and (iv) whether political risk should be considered when calculating the country risk premium. The Award contained two critical holdings: (i) the fact that a company operates under short-term contracts does not impact whether property rights capable of expropriation exist; and (ii) a failure to pay prompt compensation and/or to offer compensation in a sufficient amount does not, on its own, render the expropriation unlawful.

Bolivia – Heritage @ Risk!

Bolivia – Heritage @ Risk!

New species of Cerambycinae from the Neotropical Region, and nomen novum for Anelaphus maculatus Galileo, Martins, and Santos-Silva, 2014 (Elaphidiini).

Six new species and one new genus are described: Criodion spinosum sp. nov. (Cerambycini), from Bolivia; Eburodacrys wappesi sp. nov. and Eburodacrys skillmani sp. nov. (Eburiini), from Bolivia; Eupempelus rileyorum sp. nov. (Heteropsini) from Panama; Sphalloeme mexicana sp. nov. (Oemini), from Mexico; Wappesoeme camiri sp. nov., new genus (Oemini), from Bolivia. Wappesoeme, Eburodacrys wappesi, E. skillmani, Eupempelus rileyorum, and Criodion spinosum are included in previously published keys. Anelaphus erakyra nomen novum for A. maculatus Galileo et al., 2014 is established.

Four new species of Desmiphorini (Coleoptera, Cerambycidae, Lamiinae).

Four new species of Desmiphorini are described: Desmiphora (Desmiphora) orozcoi, from Belize; Estola wappesi, from Bolivia; Estola imitatrix, from Bolivia; and Gyrpanetes clarkei, from Bolivia. A key to the species of Gyrpanetes is provided, and Estola wappesi and Estola imitatrix are included in an existing key.

Inventory of the orchids in the humid tropical premontane forest on Uchumachi Mountain, nor Yungas region of La Paz, Bolivia

Para conocer la diversidad e importancia de las orquídeas en el bosque húmedo tropical premon- tano del Cerro Uchumachi (Nor Yungas, La Paz, Bolivia), se realizó un inventario de orquídeas durante 8 meses (febrero a septiembre de 2006) en un área aproximada a 80 ha, utilizando transectas lineales que ubican la principal en el camino carretero comprendido entre dos comunidades. Se establecieron 95 parcelas de 20 m x 20 m, en las que se efectuaron la recolección, herborización, descripción botánica y taxonomía de las mis- mas. La búsqueda y recolección de orquídeas en las transectas dieron como resultado valores de: densidad absoluta, densidad relativa, y frecuencia. Se encontraron un total de 2159 orquídeas de 16 géneros y 31 especies, pero se crea que existen más que no han sido identificados por la falta de floración durante el tiempo del estudio. La especie de mayor densidad fue Epidendrum funckii con una densidad relativa de 33.72%. Asimismo la especie que se presentó con más frecuencia en las parcelas fue Pleurothallis xantochlora con 22.11%.

A Arrogância Revelada no Conflito: Bolivianos e Brasileiros no Espaço Escolar da Cidade de Corumbá (MS)

Este artigo volta-se para o cotidiano de alunos do ensino fundamental, crianças e adolescentes, de nacionalidade e residência bolivianas, que optam por estudar nas escolas públicas do Brasil. A fronteira em questão, Corumbá (MS), Brasil -- Puerto Suárez (GB), Bolívia, envolve cidades gêmeas de alta integração formal e funcional. No universo de relações estabelecidas, o espaço escolar revela, na aparência, a integração. Entretanto, um olhar mais aprofundado desvenda o preconceito contra os alunos bolivianos. Esta pesquisa tem por objetivo revelar o conflito no espaço escolar brasileiro. A metodologia de trabalho é sistêmica com análise integrada de todos os elementos que compõem o objeto de análise. Os procedimentos operacionais são revisão bibliográfica e trabalho de campo com aplicação de questionários e entrevistas juntos aos atores sociais envolvidos no espaço escolar.

Intertemporality and international investment arbitration: protecting the jurisdiction of established tribunals

The backlash against investor–State arbitration is building, to the point that some commentators even talk about termination or amendment of investment treaties in order to strip international arbitral tribunals of their jurisdiction after the arbitration process already has started. This suggestion has been made in the context of the Philip Morris Asia plain packaging ICSID arbitration involving the Australia–Hong Kong bilateral investment treaty (BIT). This suggestion raises a number of interesting issues for international law and dispute settlement, especially in relation to the limits of the intertemporal rule. States are free to agree to amend or terminate treaties, including ones relating to investment, even before they expire. Such amendments or termination do not have retroactive effects unless the parties to the treaty agree otherwise. This same freedom is available to states in relation to investment treaties. However, the analysis may vary in the context of investor–State arbitration. An arbitration clause in an investment treaty represents an offer made by those states to arbitrate disputes with investors. When investors accept that offer, the consent to arbitrate becomes perfected and cannot be withdrawn unless both parties to the arbitration—the investor and the host state—agree. This conclusion is based on the principle of irrevocability of the consent to arbitrate, which is a pillar of arbitration law and also is established in Article 25 of the ICSID Convention. Moreover, the applicable law to the dispute would be the law that was binding on the parties at the moment of the acts that created the dispute. The same principle applies in state responsibility disputes. Therefore, the argument that Australia simply can amend its BIT with Hong Kong to stop the Philip Morris arbitration might be incorrect. This article explores these issues. (ICSID) Convention on the Settlement of Investment Disputes between States and Nationals of other States (1965), art 25, 71–72 Philip Morris Asia Limited v The Commonwealth of Australia, PCA Case No. 2012–12 Vienna Convention on the Law of Treaties (1969), arts 24, 11, 28, 31, 39, 42, 54, 59, 70 Australia -Hong Kong Bilateral Investment Treaty (1993) Sanum Investments Limited v Lao People's Democratic Republic, PCA Case No 2013–13 Aguas del Tunari, SA v Republic of Bolivia, ICSID Case No. ARB/02/3, Decision on Respondent's Objections to Jurisdiction, IIC 8 (2005) NAFTA (North American Free Trade Agreement) Free Trade Commission, Notes of Interpretation of Certain Chapter 11 Provisions (2001) Azurix Corp v Argentina, ICSID Case No. ARB/01/12, Decision on Jurisdiction, IIC (2003) Island of Palmas Case (or Miangas), United States v Netherlands, Award (1949) Pan American Energy LLC v Plurinational State of Bolivia, ICSID Case No ARB/10/8

Gold Reserve Inc. v Bolivarian Republic of Venezuela

Gold Reserve Inc. v Bolivarian Republic of Venezuela

Vaccination Week in the Americas, 2011: an opportunity to assess the routine vaccination program in the Bolivarian Republic of Venezuela.

BackgroundVaccination Week in the Americas (VWA) is an annual initiative in countries and territories of the Americas every April to highlight the work of national expanded programs on immunization (EPI) and increase access to vaccination services for high-risk population groups. In 2011, as part of VWA, Venezuela targeted children aged less than 6 years in 25 priority border municipalities using social mobilization to increase institution-based vaccination. Implementation of social communication activities was decentralized to the local level. We conducted a survey in one border municipality of Venezuela to evaluate the outcome of VWA 2011 and provide a snapshot of the overall performance of the routine EPI at that level.MethodsWe conducted a coverage survey, using stratified cluster sampling, in the Venezuelan municipality of Bolivar (bordering Colombia) in August 2011. We collected information for children aged <6 years through caregiver interviews and transcription of vaccination card data. We estimated each child’s eligibility to receive a specific vaccine dose during VWA 2011 and whether or not they were actually vaccinated during VWA activities. We also estimated baseline vaccination coverage, timeliness and 95% confidence intervals (CI), and used chi-square tests to compare coverage across age cohorts, taking into account the sampling design.ResultsWe surveyed 839 children from 698 households; 93% of children had a vaccination card. Among households surveyed, 216 (31%) caregivers reported having heard about a vaccination activity during April or May 2011. Of the 528 children eligible to receive a vaccine during VWA, 24% received at least one dose, while 13% received all doses due. Overall, baseline coverage with routine vaccines, as measured by the survey, was >85%, with a few exceptions.ConclusionLow levels of VWA awareness among caregivers probably contributed to the limited vaccination of eligible children during the VWA activities in Bolivar in 2011. However, vaccine coverage for most EPI vaccines was high. Additionally, high vaccination card availability and high participation in VWA among those caregivers aware of it in 2011 suggest public trust in the EPI program in the municipality. Health authorities have used survey findings to inform changes to the routine EPI and better VWA implementation in subsequent years.

Grazing of Lama and Alpaca in relation to Nature and Society in the area around Mt. Charquini of the Bolivia Andes

Grazing of Lama and Alpaca in relation to Nature and Society in the area around Mt. Charquini of the Bolivia Andes