On 2-4 November 2008, the International Institute for Sustainable Development, the South Centre, and the Moroccan Department of Investment held the 2nd Annual Forum of Developing Country Investment Negotiators in Marrakech, Morocco. The First Annual Forum of Developing Country Investment Negotiators was held in Singapore on 1-2 October 2007, and was attended by over 30 negotiators from 25 developing countries.
The Forum provided representatives of developing country governments with an opportunity to share their experiences and knowledge of investment treaties and investment arbitrations. In addition to investment treaty negotiators, the Forum also included representatives of regional organizations negotiating development-minded international investment agreements, law professors specializing in international investment law, and experts from the South Centre, IISD and the United Nations.
Altogether, the Forum brought together 49 government investment negotiators from more than 35 developing countries with a wide geographic distribution.
The topics discussed included changes in the field of international investment law at the multilateral, regional and bilateral levels; the role of development policy space and home country and investor obligations; and the link between investment agreements and climate change.
Participants stressed, among other things, that: it is critical to strike a balance between the rights of investors and host states in investment treaties; it is important to negotiate investment treaties for the specific needs the country and not to accept other countries’ model treaties without careful negotiation; the lack of precedent in international arbitration means that the only certain way to ensure these issues are addressed is through express provisions in the treaties; and international investment agreements may potentially be used to help to address climate change and clean energy needs but they may also present obstacles in doing so.
The Second Annual Forum of Developing Country Investment Negotiators background papers are featured below.
Session I: Recent Developments in Investment Negotiations in Bilateral, Regional and Multilateral Treaty Instruments
- Recent Developments in International Investment Agreements and the Right of States to Regulate: 2007–2008
Mahnaz Malik, IISD (PDF – 412 kb)
- Recent Developments in Regional and Bilateral Investment Treaties
Mahnaz Malik, IISD (PDF – 386 kb)
Session II: Negotiating IIAs – The Importance of Defining Terms and Concepts; State of the art on key terms
- Recent Developments in the Definition of Investment in International Investment Agreements
Mahnaz Malik, IISD (PDF – 400 kb)
Session III: Negotiating IIAs – Advances in Investor-State Arbitration Issues; The Debate on Transparency in Investor-State Arbitration
Session IV: Negotiating IIAs – Defining Investor Obligations and Ensuring Development Policy Space for Host Countries
- Investors’ Obligations and Host State Policy Space
Vicente Yu, South Centre and Fiona Marshall, IISD (PDF – 518 kb)
Session V: Buyer Beware: The Linkages Between International Investment Treaties and Investment Contracts Between Foreign Investors and Host Governments
- Stabilization Clauses and Human Rights
Andrea Shemberg, Legal Advisor to UN Special Representative of the Secretary General for Business and Human Rights
(PDF – 607 kb)
- International Investment Agreements, Business and Human Rights: Key Issues and Opportunities
Howard Mann, IISD (In particular, please see Section 4, pages 32-35) (PDF – 658 kb)
Session VI: Climate Change, Energy Investments and International Investment Agreements
- Clean Energy Investment: Project Synthesis Report
Aaron Cosbey, IISD (In particular, please see pages 41-65) (PDF – 1.1 mb)