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IISD Publications Centre

Investment and Sustainable Development: A Guide to the Use and Potential of International Investment Agreements

» Aaron Cosbey, Howard Mann, Luke Eric Peterson, Konrad von Moltke, IISD, 2004. Book, 46 pages, copyright: IISD, ISBN 1-895536-88-X

This book looks at the role international investment agreements have, and might have, in fostering sustainable development. Such an analysis is long overdue; it is becoming ever more widely accepted that the proper goal in attracting investment is quality, rather than quantity. In the end if investment does not increase well-being on a sustainable basis, it is not worth having, much less chasing.


Investment and Sustainable Development: A Guide to the Use and Potential of International Investment AgreementsIISD Publication

Notes

Spanish version ISBN 1-895536-47-2

Table of Contents

Acknowledgements

Executive Summary

1. Introduction

2. Regional and Bilateral Investment Agreements

2.1 Investment arbitration rules used in BITs and trade agreements
2.1.1 Lack of transparency and openness
2.1.2 Selection of arbitrators
2.1.3 Lack of precedence
2.1.4 The possibility of multiple arbitrations
2.1.5 Post-award remedies
2.1.6 Summary of dispute settlement procedures

2.2 Rights and obligations under IIAs
2.2.1 Scope and coverage
2.2.2 National treatment
2.2.3 Most-favoured nation treatment
2.2.4 Minimum international standards of treatment: fair and equitable treatment; and full security and protection
2.2.5 Expropriation
2.2.6 Summary of investor rights and obligations

2.3 The increasing use of investment treaties

3. Multilateral Investment Agreements

3.1 Early attempts at multilateral investment rules

3.2 The OECD’s Multilateral Agreement on Investment

3.3 Investment in the WTO: TRIMS and GATS

3.4 Investment in the WTO post-Singapore

4. Going Further: Prospects for Creating a Positive Agenda for Investment Law

4.1 Obstacles to reform
4.1.1 Political obstacles
4.1.2 Legal obstacles
4.1.3 Movement to date

4.2 Refashioning the objectives of IIAs

4.3 The structure and scope of IIAs
4.3.2 Investor rights and obligations
4.3.3 Host state rights and obligations
4.3.4 Home state rights and obligations

4.4 Dispute settlement procedures

4.5 International investment institutions

5. Conclusions