Without investment, sustainable development is impossible. Well planned, high quality foreign investment in developed and developing countries can help make current economic practices more sustainable. Inappropriate investment, however, can undermine communities and the environment, as well as domestic development strategies. IISD examines how the rules and institutions that govern international investment flows can be improved so as to help developing countries, in particular, attract the sort of investment that promotes sustainable development.
Mark Halle sees investment as critical to addressing sustainable development. (Flash Video - 1:47 min)
|· Mark Halle|
|· Nathalie Bernasconi-Osterwalder|
Program Leader and Senior International Lawyer
|· Flavia Thomé|
|· Howard Mann|
Associate & Senior International Law Advisor
|· Aaron Cosbey|
Associate and Senior Climate Change and Trade Advisor
|· Oshani Perera|
|· Damon Vis-Dunbar|
|· Elka Parveva-Kern|
Contract and Project Administrator
|· Alec Crawford|
|· Tilmann Liebert|
|· Simon Zadek|
Senior Fellow and Associate
|· Vivek Voora|
A Response to the European Commission's December 2013 Document "Investment Provisions in the EU-Canada Free Trade Agreement (CETA)"
On December 3, 2013, the European Commission issued a document concerning the investment provisions in the EU-Canada free trade agreement (CETA) explaining how the CETA protects the right to regulate. In the present paper, IISD examines the assertions made by the European Commission against the actual text of the draft CETA Investment Chapter dated November 21, 2013 on the substantive provisions and the draft investor-state dispute settlement provisions as of February 4, 2014. In the end, we conclude that the actual draft legal texts in the public domain fail to meet a number of the European Commission's stated objectives.
The Ad-Hoc Experts Group Meeting on Bilateral Investment Treaties (BITs) and National Champions took place on February 18-19 as part of a larger UNECA forum on the Role of National Champions in Africa. The expert group seminar was attended by over 30 African government experts and explored the constraints imposed by investment treaties on the development of African policy on FDI and the creation of national champions. The meeting developed specific recommendations for governments to reduce these constraints and improve the capacity of governments to understand and negotiate investment treaties. The Experts also called for the development of a Pan-African, made in Africa, policy towards future treaty negotiations.
On February 17-18, Ms. Nathalie Bernasconi, head of IISD's Investment and Sustainable Development program, will be chairing and speaking at a Policy Advisory Group Seminar entitled "South Africa, Africa, and International Investment Agreements." The seminar is being organized by the Centre for Conflict Resolution and being held in collaboration with South Africa's Department of Trade and Industry (dti). The event will draw on the participation of about 30 African and international policy-makers, scholars and civil society actors to assess the implications of international investment agreements and bilateral investment treaties for Africa's economic development strategies. The aim is to strengthen the capacity of key decision-makers in Africa to address the challenges and maximize the benefits of these treaties more effectively.
Seventh Annual Forum of Developing Country Investment Negotiators, 4-6 November 2013, Jakarta
We are pleased to announce the successful conclusion of the Seventh Annual Forum of Developing Country Investment Negotiators. The 2013 event was the largest Forum IISD has organized thus far, with 104 participants from 56 countries from Asia, Africa and Latin America and the Caribbean as well as international organizations. For more information on the Annual Forums, please click here.
Model Mining Development Agreement - Transparency Template
This report was prepared by IISD in conjunction with Sustainable Development Strategies Group (SDSG). It consists of a detailed analysis of the International Bar Association Mining Law Committee's Model Mining Development Agreement, or MMDA 1.0.The MMDA was prepared based upon a detailed analysis of several dozen existing mine development agreements, and after a considerable process of consultation with stakeholders and experts in mining law and policy in many countries.
Investment Contracts for Farmland and Water: 10 Steps
This document is a tool for parliamentarians, government officials, landholders and local communities who are involved in negotiating investment contracts with foreign investors for agricultural land and water. It presents 10 key steps to follow when negotiating the contract from a sustainable development perspective. It is an overview of a more detailed and comprehensive handbook, which proposes model legal provisions for an investment contract.
IISD has been breaking new ground on investment and sustainable development issues since 1998.
Investment is critical for sustainable development, which requires fundamental changes in how we produce, distribute and dispose of goods. Today this kind of change must come mainly through investment in new technologies and new processes that can replace unsustainable practices. In developing countries, where domestic sources of capital are scarce, foreign direct investment plays a significant role.
But not all investment leads to sustainable development, and not all of the global rules and institutions relating to international investment have been conceived through a sustainable development lens. IISD's work on investment and sustainable development focuses on this critical linkage, and provides new approaches to ensure that investment law and policy will make a positive contribution to sustainable development.
Thematic Priority and Research
IISD's work on investment is built upon a track record of solid research on emerging issues and key developments. Our priorities include: Agriculture, Water and Investment; Mining and Investment; Clean Energy Investment; Chinese Outward Investment; and Institutional Reform.
The law that applies to transnational investments consists of a complex bundle of international and domestic law and contracts between investors and states. It is important to understand the relevance of each, as well as their interrelationship.
Investment Dispute Settlement
Investment treaties allow investors to sue state parties directly through investment arbitration. This is a powerful tool allowing investors to challenge a wide range of government conduct, including environmental and health measures, as well as many other public interest measures.
The highly qualified international lawyers of IISD's Investment Program advise on international investment treaties and contracts, with respect to investment negotiations, implementation and disputes.
Annual Forum of Developing Country Investment Negotiators
Annual Forums for Developing Country Investment Negotiators is as a place where developing countries can freely consider and develop their own negotiating priorities and goals in relation to international investment treaties.
Investment Treaty News
IISD offers a free reporting service on international investment law and policy. It covers issues relating to international investment protection treaties and contracts, as well as investment disputes and their policy implications.
 Chevron Corp. & Texaco Petroleum Co. v. Republic of Ecuador, PCA Case No. 2009-23.