Resources and Events

Resources

Judging the State in International Trade and Investment Law

By Leïla Choukroune (Ed.), Published by Springer, November 2016

The book analyzes the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign states. Questionable professionalism, independence and impartiality of adjudicators, as well as a lack of consistency of decisions challenging public policies, have all contributed to the controversy surrounding trade and investment disputes. These challenges call for a rethinking of why, how and what for states are judged. The book covers issues such as global judicial capacity-building and judicial professionalism from an international and domestic comparative angle, states’ legitimate right to regulate, legal challenges of being a state claimant, uses and misuses of imported legal concepts and principles in multidisciplinary adjudications, and the need to reunify international law on a (human) rights–based approach. Available at http://www.springer.com/gp/book/9789811023583

Interpretation of International Investment Treaties

By Tarcisio Gazzini, Published by Hart Publishing, November 2016

Most investment treaty claims have raised and continue to raise crucial and often complex issues of interpretation. Fundamental questions dealt with in this study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the Vienna Convention on the Law of Treaties (VCLT) been applied in investment disputes? Have tribunals developed new techniques concerning treaty interpretation and, if so, are they consistent with the VCLT? How can interpretation problems be solved or minimized? How creative have tribunals been in interpreting investment treaties? Are states capable of keeping effective control over interpretation? Available at http://www.bloomsburyprofessional.com/uk/interpretation-of-international-investment-treaties-9781849462686

Mining a Mirage? Reassessing the shared-value paradigm in light of the technological advances in the mining sector

By Aaron Cosbey, Howard Mann, Nicolas Maennling, Perrine Toledano, Jeff Geipel & Martin Dietrich Brauch, Published by IISD, October 2016

This report, co-produced with the Columbia Center on Sustainable Investment, looks to the near and medium terms, exploring what will happen to the local employment and procurement components of the shared-value paradigm—and, by extension, to the mining companies’ social licence to operate—if technological change radically alters the amount of money mining firms are spending on hiring and procurement. It surveys the trends in technology development, and uses procurement and other data from two global mining firms to estimate the types of impacts we might see. It concludes by exploring the ways in which governments and firms might address the predicted results. Available at http://www.iisd.org/library/mining-mirage-reassessing-shared-value-paradigm-light-technological-advances-mining-sector

Investment-Related Dispute Settlement: Towards an inclusive multilateral approach

By IISD Investment and Sustainable Development Program, Published by IISD, October 2016

In 2014, IISD convened an expert meeting to explore alternative models for settling investment disputes at the international level to supplement or replace existing mechanisms. Building on the results of the 2014 meeting and recent developments in international practice regarding investment-related dispute settlement, IISD prepared a preliminary draft outline of an Agreement Creating an International Dispute Settlement Agency for Transboundary and Other Investments, which was the main subject of the discussions at the second expert meeting in Montreux held from May 23 to 24, 2016. Experts considered and critiqued elements of the draft outline, suggested alternative approaches and identified additional resources and sources to consider. Participants also discussed institutional and strategic options for further development of an institutional basis for an expanded international regime for the resolution of investment disputes. Available at http://www.iisd.org/library/investment-related-dispute-settlement-towards-inclusive-multilateral-approach

Ending Hunger: What would it cost?

By David Laborde, Livia Bizikova, Tess Lallemant & Carin Smaller, Published by IISD, October 2016

IISD and the International Food Policy Research Institute joined forces to estimate what it would cost to end hunger, and the contribution that donors need to make. The analysis focuses on the cost of ending hunger through increased spending on social safety nets directly targeting consumers, farm support to expand production and increase poor farmers’ income, and rural development that reduces inefficiencies along the value chain and enhances rural productivity. The research marks the first time that a multi-country macroeconomic model has been combined with household surveys. The authors found that it will cost on average an extra US$11 billion per year of public spending from now to 2030 to end hunger. US$4 billion of the additional spending needs to come from donors. The remaining US$7 billion will come from poor countries themselves. Importantly, this public spending will generate on average an additional US$5 billion of private investment per year until 2030. Available at http://www.iisd.org/library/ending-hunger-what-would-it-cost


Events 2016­–2017

November 28–December 9, 2016

2016 INTERNATIONAL INVESTMENT TREATIES AND INVESTOR–STATE ARBITRATION, International Law Institute, Washington, DC, United States, http://www.ili.org/training/ili-brochure/upcoming-programs-and-events/624-2016-international-investment-treaties-and-investor-state-arbitration.html

December 7–9, 2016 

INTRODUCTION TO MEDIATION, Association for International Arbitration, Brussels, Belgium, http://www.arbitration-adr.org/activities/?p=conference&a=upcoming 

December 9, 2016

33rd AAA–ICCICSID Joint Colloquium on International Arbitration, ICC, American Arbitration Association (AAA) & International Centre for Settlement of Investment Disputes (ICSID), Paris, France, http://www.iccwbo.org/Training-and-Events/All-events/Events/2016/33rd-AAA-ICC-ICSID-Joint-Colloquium-on-International-Arbitration

ROUNDTABLE ON CORPORATE LIABILITY FOR FOREIGN BRIBERY, Organisation for Economic Co-operation and Development (OECD), Paris, France, http://www.oecd.org/corruption/roundtable-on-corporate-liability-for-foreign-bribery.htm

January 12–13, 2017

4th ITA­–IEL–ICC JOINT CONFERENCE ON INTERNATIONAL ENERGY ARBITRATION, ICC, Institute for Transnational Arbitration (ITA) & Institute for Energy Law (IEL), Houston, Texas, http://www.iccwbo.org/Training-and-Events/All-events/Events/2017/4th-ITA-IEL-ICC-Joint-Conference-on-International-Energy-Arbitration

January 17–20, 2017

WORLD ECONOMIC FORUM ANNUAL MEETING, Davos-Klosters, Switzerland, https://www.weforum.org/events/world-economic-forum-annual-meeting-2017