ITN Quarterly June 2017

Expansion of the Energy Charter to Africa and Asia: Undoing Reform in International Investment Law?

Another Conflict of Norms: How BEPS and International Taxation Relate to Investment Treaties

Brazil’s Cooperation and Facilitation Investment Agreements (CFIA) and Recent Developments

Intra-EU Investment Protection: Up the Creek Without a Paddle

The Recent Argentina–Qatar BIT and the Challenges of Investment Negotiations

Sustainability Toolkit for Trade Negotiators: Tapping the Potential of Trade and Investment Agreements for Achieving Environmental Goals

Expansion of the Energy Charter to Africa and Asia: Undoing Reform in International Investment Law?

The Energy Charter Secretariat is in expansion mode, wanting to gain access to energy resources in Africa and Asia for its members—and extending a far-reaching and outdated investment protection system to investments in resource-rich countries.

Another Conflict of Norms: How BEPS and International Taxation Relate to Investment Treaties

The Base Erosion and Profit Shifting (BEPS) reform project led by the OECD tackles corporate measures aimed at shifting profits to no- or low-tax destinations. But investment law can hinder the implementation of much-needed reform in international taxation.

Brazil’s Cooperation and Facilitation Investment Agreements (CFIA) and Recent Developments

The problems of traditional BITs and the growing number of ISDS cases were among factors that led Brazil to develop the CIFA model, aimed at promoting and facilitating high-quality and productive foreign investment.

Intra-EU Investment Protection: Up the Creek Without a Paddle

In theory, the common European market works based on principles that protect intra-EU cross-border investments. In practice, can these principles be reconciled with dozens of intra-EU BIT still in place?

The Recent Argentina–Qatar BIT and the Challenges of Investment Negotiations

Argentina has come back to the BIT negotiation arena after a 15-year halt, concluding a treaty with Qatar and engaging in ongoing negotiations with Japan. The new treaty includes traditional along with innovative provisions.

Sustainability Toolkit for Trade Negotiators: Tapping the Potential of Trade and Investment Agreements for Achieving Environmental Goals

Developed by IISD and the United Nations Environment Program (UNEP), this toolkit is designed to help trade and investment negotiators by showing how specific provisions can better support sustainable development objectives.

TPP-11 to move forward; United States to focus on bilateral negotiations and NAFTA

Trade ministers from 11 signatory countries of the Trans-Pacific Partnership met on May 21, 2017 in Hanoi, Vietnam, to discuss the future of the agreement during an APEC meeting.

Ecuador denounces its remaining 16 BITs and publishes CAITISA audit report

Ecuadorian President Rafael Correa formalized Ecuador’s withdrawal on May 16, 2017 from BITs concluded with 16 countries.

EU General Court annuls Commission decision that refused registration of “Stop TTIP”

In September 2014, the European Commission refused to register a petition signed by over three million EU citizens requesting the Commission to stop trade and investment negotiations with the United States and refrain from concluding the CETA with Canada.

ECJ rules that European Union–Singapore FTA requires ratification by EU member states

The European Court of Justice published its Opinion 2/15 on the European Union–Singapore FTA on May 16, 2017.

India opposes “trade and investment facilitation” item in WTO General Council agenda

A meeting of the WTO General Council was suspended on May 10, 2017 after India objected to the adoption of the proposed agenda, which included a “trade and investment facilitation” item.

Highly anticipated NAFTA award rejects patent law–related claim against Canada

Eli Lilly and Company v. The Government of Canada, UNCITRAL, ICSID Case No. UNCT/14/2

SCC tribunal dismisses claims brought by British company and its shareholders against the Czech Republic

Anglia Auto Accessories Ltd. v. Czech Republic (SCC Case No. V 2014/181) and Ivan Peter Busta and James Peter Busta v. Czech Republic (SCC Case No. V 2015/014)

ICSID tribunal dismisses the second known case against China in a summary proceeding

Ansung Housing Co., Ltd. v. People’s Republic of China, ICSID Case No. ARB/14/25

ICSID tribunal finds Egypt in breach of several provisions of the U.S.–Egypt BIT

Ansung Housing Co., Ltd. v. People’s Republic of China, ICSID Case No. ARB/14/25

Claims by a Spanish investor declared inadmissible in a case against Costa Rica

Supervisión y Control S.A. v. Republic of Costa Rica, ICSID Case No. ARB/12/4

Resubmission tribunal puts an end to a 20-year dispute before ICSID

Victor Pey Casado and Foundation Presidente Allende v. The Republic of Chile, ICSID Case No. ARB/98/2

Resources and Events

Resources published between February and May 2017; events between June and August 2017

Investor–State Dispute Settlement: Review of developments in 2016

The IIA Issues Note reviews developments in treaty-based investor–state dispute settlement (ISDS) in 2016.

International Investment Arbitration: Substantive principles

This work critically reviews the substantive principles of international law applied by investment tribunals, and describes the present state of the law created, applied and analyzed by tribunals.

International Investment Law and the Global Financial Architecture

This book analyzes arbitral and treaty practice, and evaluates ways towards a balanced system of investment protection in the financial sector.

The Use of Economics in International Trade and Investment Disputes

This volume explores insights from the fields of trade law, investment arbitration, competition law and commercial arbitration on the use of economics within disputes, providing a comprehensive overview of existing knowledge and practice regarding the use of economics in international economic law.

Domestic Law in International Investment Arbitration

Drawing on case law, international law principles and comparative analysis, this book addresses when and how investment tribunals should engage with domestic law.