Download the latest issue of ITN: ITN Quarterly May 2014

The Practice of Responsible Investment Principles in Larger-Scale Agricultural Investments

UNCTAD

The recent and ongoing trend towards corporate, especially foreign, investment in developing countries’ agricultural sectors has evoked sharply contrasting attitudes. For some, this “rediscovery” of agriculture as a focus of investment provides opportunities to again promote the sector within the larger agenda of economic development. For others, it has raised serious concerns about whether such investments, especially those involving large scale land acquisitions, are conducted in a manner which respects people’s rights, livelihoods and resources.

Importing Consent to ICSID Arbitration? A Critical Appraisal of Garanti Koza v. Turkmenistan

mbengue_thumb

This brief article provides a critical examination of the tribunal’s decision in Garanti Koza LLP v. Turkmenistan, where the majority took a particularly expansive reading of the MFN clause in the United Kingdom-Turkmenistan BIT.

 

ICSID’s Annulment Decision in Impregilo v. Argentina: Finality of Awards v. Legal Correctness

Impreglio

On January 24, 2014, an ICSID ad-hoc annulment committee dismissed a request by the Argentine Republic to annul a June 2011 arbitral award for harm suffered to an investment in a Buenos Aires water services concession. While this was one of the smaller awards rendered against Argentina, it is nonetheless of utmost significance for Argentina and all countries facing claims under investment treaties.

 

Improving Investment Treaties through General Exceptions Provisions: The Australian Example

Australia

The recent Australian elections were decided mostly by domestic policy issues, but their outcome had an impact beyond the border as the new government decided to rethink Australia’s somewhat unique view on the international investment regime. In changing course, has the Australian government simply joined the rest of the world?

 

Foreign Investment in Farmland and Water: 10 Steps for Better Contracts

Magnifying glass over agreement paperwork and pen

The International Institute for Sustainable Development studied seventy contracts between states and foreign investors involving long-term leases of farmland. We have come up with our own model contract that we believe answers many of these concerns.