ITN October 2021

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  • The end of tax incentives: How will a global minimum tax affect tax incentives regimes in developing countries? By Alexandra Readhead, Thomas Lassourd, and Howard Mann
  • An interview with Esmé Shirlow on Judging at the Interface: Deference to State Decision-Making Authority in International Adjudication. By Esmé Shirlow
  • The “‘trade-related” conundrum of the EU–Korea FTA Expert Panel: Are FTAs a novel forum to enforce sustainable development goals? By Rebecca Walker
  • Despite consensus on the ECT’s incompatibility with the global climate agenda, claims that it is well-suited for the clean energy transition persist. By Lea Di Salvatore, Nathalie Bernasconi-Osterwalder, and Lukas Schaugg
  • From transparency to prohibition: UNCITRAL WGIII considers options to regulate third-party funding. By Brooke Guven, Lise Johnson, Suzy Nikièma, and Daniel Uribe

News in Brief

  • ECT modernization negotiations continue with two rounds over the summer as opposition mounts
  • Structured discussions on investment facilitation continue at the WTO
  • UNCITRAL WGIII to consider proposals on various elements of ISDS reform while the outcome of the request for additional funding remains to be seen
  • Ecuador rejoins the ICSID Convention
  • Spain and Colombia sign new BIT
  • Pakistan terminates 23 BITs
  • UNWG on Business and Human Rights releases 2021 report

Awards and Decisions

  • ECT tribunal finds Italy’s modifications to its renewable energy incentive scheme reasonable, foreseeable, and proportionate, Silver Ridge Power BV v. Italian Republic, ICSID Case No. ARB/15/37
  • Ad hoc tribunal rules in favour of German energy investor, Frazer Solar GMBH v The Kingdom of Lesotho. By Anqi Wang
  • The ICSID tribunal in Infinito Gold v Costa Rica upholds several claims but declines to award damages. The majority of the tribunal found breaches of the FET standard but damages too speculative, Infinito Gold Ltd. v. Costa Rica, ICSID Case No. ARB/14/5. By Maria Bisila Torao