Quarterly Journal (July 2023)

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 June 2023

The Protocol on Investment to the Agreement Establishing the African Continental Free Trade Area: What’s in it and what’s next for the Continent? By Danish, Hamed El-Kady, Makane Moïse Mbengue, Suzy H. Nikièma & Daniel Uribe.

Bridging the Gap Between Investor Rights and Obligations: How academics can contribute to a fairer international law on foreign investment. By Nicolás M. Perrone & Ignacio Andres Vásquez.

Deconstructing India’s Evolving Approach Toward International Investment Agreements. By Harshad Pathak & Shantanu Singh.

The ICJ decides on the content of international protection standards: A lost opportunity? By Josef Ostřanský.

Navigating Trade and Investment Treaties to Develop Indonesia’s Sustainable Electric Vehicle Industry Through Technology Transfer. By Ronald Eberhard Tundang.

Bridging the Gap Between Investor Rights and Obligations: How academics can contribute to a fairer international law on foreign investment

The academic discussion on international investment law has been marked by the division of international law on foreign investment into two subfields, where one specializes in investor rights and ISDS […]

Deconstructing India’s Evolving Approach Toward International Investment Agreements

1. Introduction India’s approach toward the negotiation of international investment agreements (IIAs) has recently been subjected to significant scrutiny. Despite signing its first BIT in 1994, with the United Kingdom, […]

News  |  July 1, 2023

Germany denies benefits to Russian investors under ECT

According to a press statement released by the Energy Charter’s Secretariat on March 17, 2023, Germany exercised its right under Article 17 of the Energy Charter Treaty (ECT) to deny […]

News  |  July 1, 2023

EU Parliament proposes directive to regulate third-party funding

The European Parliament recommended to the Commission to propose a Directive on the regulation of third-party funding in the EU with the title “Responsible funding of litigation.” If adopted in […]

News  |  July 1, 2023

Norway terminates its IIAs with European Economic Area members

The Government of Norway has been pursuing the termination of its bilateral investment treaties (BITs) with members of the European Economic Area (EEA–EEA membership contains EU and European Free Trade […]

ICSID tribunal upholds China’s jurisdictional objection

AsiaPhos Limited and Norwest Chemicals Pte Limited v. the People’s Republic of China, ICSID Case No. ADM/21/1, Award, 16 February 2023

AFC Investment Solutions S.L. v República de Colombia ICSID Case No. ARB/20/16:

The relevance of the distinction between “dispute” and “claim” in light of ICSID Arbitration Rule 41(5) The tribunal accepted the preliminary objection of the Republic of Colombia (the “respondent”) after […]

A Climate Change Carve-Out for Investment Treaties

Joshua Paine & Elizabeth Sheargold, Journal of International Economic Law, 26(2), 285–304, June 2023