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.

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?

Introduction The Protocol on Investment (POI or Protocol) to the Agreement Establishing the African Continental Free Trade Area (AfCFTA) has been adopted by African Heads of State on February 18/19, […]

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, […]

The ICJ decides on the content of international protection standards: A lost opportunity?

Introduction In late March 2023, the International Court of Justice (ICJ) handed down a much-anticipated judgment on the merits in Certain Iranian Assets (Islamic Republic of Iran v. United States […]

Navigating Trade and Investment Treaties to Develop Indonesia’s Sustainable Electric Vehicle Industry Through Technology Transfer

1. Challenges in Developing Indonesia’s Battery and Electric Vehicle Industry Indonesia’s abundant nickel resources position it as a potential key player in the global EV industry, especially in EV battery […]

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 […]

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 […]

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 […]

India sends termination notices to 68 countries with a request to renegotiate

In March 2023, it was reported that the Government of India had sent out 68 notices of termination regarding its existing bilateral investment treaties (BITs). It is understood that the […]

Venezuela and Colombia sign a BIT

The two Latin American states signed a bilateral investment treaty in February 2023. For Venezuela, it is a first investment treaty signed since 2008, and the first signed with another […]

ICJ delivers its merits judgment in Certain Iranian Assets (Islamic Republic of Iran v. United States of America)

On March 30, 2023, the International Court of Justice (ICJ) issued its judgment on the merits in a case closely watched by the investment law community. The case concerned the […]

U.S. district court stops enforcement of an award against Spain based on EU law argument

As award creditors in the renewable energy ISDS cases lost by Spain face significant hurdles to enforce their awards within the EU, they often turn to U.S. courts for enforcement. […]

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 […]

Korea found guilty of violating FET obligations but redeemed by contributory negligence of investor’s financial crime conviction

I. The dispute and factual background The dispute involves a claim brought against the Republic of Korea (“respondent”) by Loan Star Funds (LSF)–Korean Exchange Bank (KEB) Holdings SCA (“LSF–KEB”) and […]

PCA Tribunal finds that Russia committed an illegal expropriation against Ukrainian bank

Public Joint Stock Company “State Savings Bank of Ukraine” v. Russian Federation, PCA Case 2016-14

Resources – ITN June 2023

Transparency, Accountability, and Influence in International Investment Law System Jason W. Yackeee, University of Wisconsin Legal Studies Research Paper No. 1770, April 2023 Available here   National Governance and Investment […]

Transparency, Accountability, and Influence in International Investment Law System

Jason W. Yackeee, University of Wisconsin Legal Studies Research Paper No. 1770, April 2023

National Governance and Investment Treaties: Between Constraint and Empowerment

Josef Ostřanský and Facundo Pérez Aznar, Cambridge University Press, April 2023

Making the World Safe for Investment: The Protection of Foreign Property 1922–1959

Andrea Leiter, Cambridge University Press, February 2023

Manifestations of Coherence and Investor–State Arbitration

Charalampos Giannakolpoulos, Cambridge University Press, December 2022

State Capitalism and International Investment Law

Panagiotis Delimatsis, Georgios Dimitropoulos, & Anastasios Gourgourinis (Eds.), Hart Publishing, January 2023

International Investment Law and Climate Justice: The Search for a Just Green Investment Order

Olabisi D. Akinkugbe & Adebayo Majekolagbe, Fordham International law Journal, 46(2), 169–212, Jan. 2023

Investment Treaties and the Rule of Law Promise: An Examination of the Internalisation of International Commitments in Asia

Jansen Calamita and Ayelet Berman (eds), Cambridge University Press, September 2022

The Political Economy of Investment Arbitration

Zoe Phillips Williams, Oxford University Press, September 2022

The Investment Treaty Regime and Public Interest Regulation in Africa

Dominic Npoanlari Dagbanja, Oxford University Press, August 2022

The Politics of Investment Treaties in Latin America

Julia Calvert, Oxford University Press, August 2022

Investment Arbitration and State-Driven Reform: New Treaties, Old Outcomes

Wolfgang Alschner, Oxford University Press, August 2022

Investment Law’s Alibis: Colonialism, Imperialism, Debt and Development

David Schneiderman, Cambridge University Press, July 2022

International Advisory Proceedings on Climate Change

Benoit Mayer, Michigan Journal of International Law, 44(1), 41–115, 2023

Rethinking International Investment Law: Form, Function & Reform

Stratos Pahis, Virginia Journal of International Law, 63(3), 447–96, 2023

A Climate Change Carve-Out for Investment Treaties

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

OECD Investment Treaties and Climate Change – Public Consultations – Compilation of Submissions

Organisation for Economic Co-operation and Development, April 2022