ITN Archives

Note: In October of 2005, the Investment Law and Policy News Bulletin was rebranded as Investment Treaty News (ITN). This archive contains past editions of the earlier News Bulletin, as well as more recent editions of ITN.

ITN Quarterly August 2014

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In this issue: Risky Business or Risky Politics: What Explains Investor-State Disputes?; Aron Broches and the Withdrawal of Unilateral Offers of Consent to Investor-State Arbitration; Opening the Door to Foreign Investment? An Analysis of Bolivia’s New Investment Promotion Law; News in Brief; Awards and Decision; Resources and Events.

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ITN Quarterly May 2014

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In this issue: The Practice of Responsible Investment Principles in Larger-Scale Agricultural Investments; Foreign Investment in Farmland and Water: 10 Steps for Better Contracts; Improving Investment Treaties through General Exceptions Provisions: The Australian Example; ICSID’s Annulment Decision in Impregilo v. Argentina: Finality of Awards v. Legal Correctness; Importing Consent to ICSID Arbitration? A Critical Appraisal of Garanti Koza v. Turkmenistan; News in Brief; Awards and Decision; Resources and Events.

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ITN Quaterly January 2014

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In this issue: State Liability for Regulatory Change: How International Investment Rules are Overriding Domestic Law; The Boom in Parallel Claims in Investment Treaty Arbitration; Proposed Changes to the Investment Dispute-Resolution System: A South American Perspective; News in Brief; Awards and Decision; Resources and Events.

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ITN Quarterly September 2013

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In this issue: New UNCITRAL Arbitration Rules on Transparency: Application, Content and Next Steps; Conoco-Phillips and Exxon-Mobil v. Venezuela: Using Investment Arbitration to Rewrite a Contract; Threat of Pharmaceutical-Related IP Investment Rights in the Trans-Pacific Partnership Agreement: An Eli Lilly v. Canada Case Study; Online Statements by National Investment Boards or Agencies and their Potential Legal Effects; News in Brief; Awards and Decision; Resources and Events

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ITN Quarterly June 2013

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In this issue: Smart Flexibility Clauses in International Investment Agreements; The Quest for Commodities: Chinese Investment in Farmland; Investment Treaties and the Search for Market Access in China; The Draft Investment Chapter of the Canada-EU Comprehensive Economic and Trade Agreement: A Step Backwards for the EU and Canada? The Evolving BIT: A Commentary on Canada’s Model Agreement: News in Brief; Awards and Decisions; Resources and Events

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ITN Quarterly March 2013

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In this issue: A Distinction Without a Difference? The Interpretation of Fair and Equitable Treatment Under Customary International Law by Investment Tribunals; Enabling Risky Business: Human Rights and the Role of Officially Supported Trade Finance and Investment Guarantees; How to Incorporate
Human Rights Obligations in Bilateral Investment Treaties?; Remedies in
Investor-State Arbitration: A Public Interest Perspective; Land Grab v Food Security: Can Global Regulation Cope?; Arbitrators’ Role in the Recent Investment Arbitration Boom; News in Brief; Awards and Decisions; Resources and Events

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ITN Quarterly January 2013

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In this issue: Counterclaims by States in Investment Arbitration; The IMF’s New Transfers Policy and the Trading System; Peru’s State Coordination and Response System for International Investment Disputes; UNCTAD’s Investment Policy Framework for Sustainable Development: Potential and Issues; The Sixth Annual Forum of Developing Country Investment Negotiators: Understanding and Harnessing the New Models for Investment and Sustainable Development; Integrating Sustainable Development into International Investment Agreements: A Commonwealth Guide for Developing Country Negotiators; News in Brief; Awards and Decisions; Resources and Events

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ITN Quarterly October 2012

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Investment Treaties and Investor Corruption: An Emerging Defense for Host States?; Dealing With the Increasing Complexity of Investment-Related Treaties: A Framework and Some Policy Guidelines; Towards a New Generation of Investment Policies: UNCTAD’s Investment Policy Framework for Sustainable Development; The SADC MODEL BIT Template: Investment for Sustainable Development; Inching Towards Consensus: An Update on the UNCITRAL Transparency Negotiations; News in Brief; Awards and Decisions; Resources and Events

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ITN Quarterly July 2012

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In this issue: Deference or No Deference, That is the Question: Legitimacy and Standards of Review in Investor-State Arbitration; The Source for Determining Standards of Review in International Investment Law; Consent to Arbitration Through National Investment Legislation; Investment Law and Public Services: Clashes of Interests or Peaceful Coexistence?; Analysis of the European Commission’s Draft Text on Investor-State Dispute Settlement for EU Agreements; Trends in Investor Claims Over Feed-in Tariffs for Renewable Energy; News in Brief; Awards and Decisions; Resources and Events

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ITN Quarterly April 2012

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In this issue: Defining an ICSID Investment: Why Economic Development Should be the Core Element; Pro-Investor or Pro-State Bias in Investment Treaty Arbitration: Forthcoming Study Gives Cause for Concern; Venezuela’s Withdrawal from ICSID: What it Does and Does Not Achieve; The White Industries Arbitration: Implications for India’s Investment Treaty Program; News in Brief; Awards and Decisions; Resources and Events

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ITN Quarterly December 2011/January 2012

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In this issue: Mission Creep: International Investment Agreements and Sovereign Debt Restructuring; UNASUR Arbitration Centre: The Present Situation and the Principal Characteristics of Ecuador’s Proposal;Investment Developments in the Trans-Pacific Partnership Agreement; The Netherlands: A Gateway to ‘Treaty Shopping’ for Investment Protection; News in Brief, Awards and Decisions, Publications and Events

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ITN Quarterly October 2011

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In this issue: Rethinking investor-state contracts through a sustainable development lens; Stabilization in investment contracts: Rethinking the context, reformulating the result; Principles for responsible contracts: Integrating the management of human rights risks into investor-state contract negotiations; Going public to improve investment in agriculture; Foreign investment contracts in the oil & gas sector: A survey of environmentally; relevant clauses; News briefs; Summaries of recent arbitration awards and decisions; Resources and events.

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ITN Quarterly July 2011

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In this issue: Philip Morris v. Uruguay: Will investor-state arbitration send restrictions on tobacco marketing up in smoke?; Australia’s rejection of investor–state dispute settlement: Four potential contributing factors; Investment arbitration and the Canada–EU Comprehensive Economic and Trade Agreement: Time for a change?; Foreign investment contracts and sustainable development: The new foundations begin to emerge; Federalism and international investment disputes; European Parliament calls for reform of European investment policy, but EU member states insist on the status quo; News in Brief, Awards and Decisions, Publications and Events.

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ITN Quarterly April 2011

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In this issue: Freezing government policy: Stabilization clauses in investment contracts; The problem of moral hazard and its implications for the protection of ‘legitimate expectations’ under the fair and equitable treatment standard; Reforming United States trade and investment treaties for financial stability: The case of capital controls; When international rules interact: International investment law and the law of armed conflict; RosInvestCo v.Russian Federation; Nations Energy Inc., et al. v. Republic of Panama; Cemex v. Venezuela; Mohammad Ammar Al-Bahloul v. Republic of Tajikistan; Transparency in UNCITRAL Arbitration Rules; Amicus request in Pac Rim v. El Salvador; Lead producer files notice of intent to arbitrate against Peru; Canadian organizations petition European Parliament over investment pact

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ITN Quarterly December 2010

English (PDF – 400 KB)Français (PDF – 400 KB)Español (PDF – 400 KB)

In this issue: 2010 midterm congressional elections on the United States; Fairness and independence in investment arbitration; A Global Thirst: How water is driving the new wave of foreign investment in farmland; UNCATD’s 2010 World Investment Forum.

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ITN Quarterly September 2010

English (PDF – 400 KB)Français (PDF – 400 KB)Español (PDF – 400 KB)

In this issue: The European Union’s future international investment policy; Arbitrator appointments in investment arbitration; The transparency requirement in the new UNCITRAL arbitration rules; The IBA’s Model Mining Development Agreement; Bilateral Investment Treaties and Preferential Trade Agreements; Analysis of CEMEX v. Venezuela.

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May 2010 ITN

ITN May 2010

In this issue: Philip Morris initiates arbitration against Uruguay over new labeling requirements, taxes; German investor awarded 29 million Euros in claim against Thailand over highway concession; ICSID panel denies Ukraine’s challenge to arbitrator; Pan American Energy takes Bolivia to ICSID over nationalization of Chaco Petroleum; Ad hoc committee confirms that Kazakhstan is on the hook for US$ 125 million; American gas services firm Exterran files for arbitration against Venezuela over nationalized assets; Michigan owner and operator of busy trade route prepares to file a second NAFTA claim against Canada.

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April 2010 ITN

April 2010

In this issue: Tribunal finds Ecuador in breach of BIT for its judiciary’s slow handling of Texaco lawsuits; Tribunal hears additional challenges to its jurisdiction in Railroad Development Corporation v. Republic of Guatemala; Cemex v. Venezuela: provisional measures allowed in circumstances of necessity and urgency; Oil transport company Tidewater Inc. initiates ICSID arbitration against Venezuela over expropriated assets; Ad hoc committee confirms that Kazakhstan is on the hook for US$ 125 million; RSM production corp. files second arbitration against Grenada, sues Freshfields; Bolivia ordered to suspend criminal proceedings in its ongoing dispute with Chilean chemical firm Quiborax.

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March 2010 ITN

March 2010

In this issue: ICSID tribunal applies ad hoc approach to confidentiality in arbitral proceedings; A merits hearing takes place in protracted NAFTA dispute over US tobacco settlements; Ecuadoreans battle battle Chevron in U.S. court over BIT arbitration in long-running environmental damage dispute; Tribunals have been constituted in ICSID cases involving Egypt, Cambodia and Argentina; Canadian mining firm accused of links to murder of protestor, has Chiapas mine shut down; Hearing takes place between Electrabel and Hungary despite snowy weather; Proceedings are suspended in dispute between French oil company and Ecuador; In memorium: Sir Ian Brownlie Q.C. (1932-2010).

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February 2010 ITN

ITN February 2010

In this issue: Tribunal’s decision in anticipated Yukos case released to public; ICSID finds that corruption has no place in annulment proceedings; Consortium building new Quito airport takes Ecuador to ICSID; Claimant seeks enformcement of environmental laws in notice of dispute alleging expropriation of Barbadian nature sanctuary; Perenco-nominated arbitrator disqualified for interview comments in ICSID dispute with Ecuador; ICSID tribunal affirms power to exclude counsel, but declines to do so; TWC Group settles with Dominican Republic; New arbitrator nominated in NAFTA dispute over thwarted Canadian garbage site.

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