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Investment Policy Best Practices Advisory Bulletins

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Drawing on public treaty texts and different model investment agreements produced by governments, IISD’s Best Practices Series analyses the evolving scope and nature of investment treaty negotiations, in particular from the developing country and sustainable development perspectives. 

These bulletins are based on a review of a vast number of investment treaties and chapters in trade agreements, as well as case law interpreting treaty provisions. The series provides both developing and developed country negotiators with state-of-the-art options and approaches to address the new issues and controversies in investment negotiations. By doing so, IISD hopes to the level the playing field in international investment negotiations and ensure access to the latest thinking and approaches by even the least developed countries with little endogenous capacity.

Some of the key issues where new treaty texts are showing interesting developments directly related to sustainable development are:

  • the development of provisions preserving government policy space to protect the environment and the social development objectives of sustainable development;
  • provisions defining the scope of rules on expropriation in relation to government regulations;
  • statements on the scope of the fair and equitable treatment standard under investment law and its relation to new government measures for environmental protection and social development;
  • new provisions on investor responsibilities that have begun to emerge (from complex models to simple statements on compliance with local laws);
  • new institutional developments in regional agreements; and
  • the scope and functioning of the Investor–State dispute settlement process under international investment agreements.
  • Best Practices
    IISD Best Practices Series: The Most-Favoured-Nation Clause in Investment Treaties

    IISD Best Practices Series: The Most-Favoured-Nation Clause in Investment Treaties

    This IISD Best Practices paper studies the most-favoured-nation (MFN) clause in investment treaties and its interpretation by arbitral tribunals, drawing lessons for states. Read More
  • Best Practices
    IISD Best Practices Series: Exhaustion of Local Remedies in International Investment Law

    IISD Best Practices Series: Exhaustion of Local Remedies in International Investment Law

    Part of IISD’s Best Practices Series, this advisory bulletin reviews state-of-the-art options and approaches to the exhaustion of local remedies requirement in international investment law. Read More
  • Best Practices
    IISD Best Practices Series: Performance Requirements in Investment Treaties

    IISD Best Practices Series: Performance Requirements in Investment Treaties

    This paper surveys the types of performance requirements (PRs) in use around the world, and briefly describes the WTO’s Agreement on Trade-Related Investment Measures (TRIMs). Read More
  • Best Practices
     IISD Best Practices Series: State-State Dispute Settlement Clause in Investment Treaties

    IISD Best Practices Series: State-State Dispute Settlement Clause in Investment Treaties

    This paper looks at state–state dispute settlement provisions in international investment agreements, examining the different mechanisms used to settle investment disputes, including judicial, quasi-judicial and arbitration procedures. Read More
  • Best Practices
    IISD Best Practices: Compensation for Expropriation

    IISD Best Practices: Compensation for Expropriation

    This paper is to analyzes the principles governing compensation for expropriation, as well as the primary methods of calculating the amount. Read More
  • Best Practices
    IISD Best Practices Series: Registration and Approval Requirements in Investment Treaties

    IISD Best Practices Series: Registration and Approval Requirements in Investment Treaties

    This paper analyzes registration and approval requirements for investments in investment treaties, and examines the interpretation of such provisions by arbitral tribunals. Read More
  • Best Practices
    Best Practices: Definition of Investor

    Best Practices: Definition of Investor

    This paper looks at the criteria defining the range of protection granted to investors, and particularly at the role the nationality of an investor can play in investor-state arbitration. Read More
  • Best Practices
    Best Practices: Indirect Expropriation

    Best Practices: Indirect Expropriation

    This paper focuses on the definition of indirect expropriation in international investment law and aims to identify a set of criteria to overcome the existing issue of consistency and foreseeability while helping to provide a clear definition of the concept of indirect expropriation. Read More
  • Best Practices
    Transparency in the Dispute Settlement Process: Country best practices

    Transparency in the Dispute Settlement Process: Country best practices

    In many investor-state arbitrations, it is difficult or impossible even to know that the dispute has been initiated, what the issues and arguments are, and what decisions or awards have been made to resolve the matter. Read More