ITN

ITN Quarterly September 2024

Reforming Damages in ISDS and the Problem of Full Reparation

The Coherence Challenge in Tackling Labour Rights Through International Investment Regulations: A case study of Egypt

ITN Quarterly June 2024

Insights A Proposal for Reforming the Calculation of Damages in Investment-Treaty Arbitration, by Martin Jarrett Awards and Decisions Páramos protection-related case decided in favour of Colombia, this time (Red Eagle […]

ITN Quarterly March 2024

Insights ISDS and Fossil Fuels: What role for a carveout?, by Lukas Schaugg, Suzy Nikièma, and Nathalie Bernasconi Successful Regional Investment Negotiations as a tool for IIAs Reform: A Multi-Identity […]

They concern you more than you know: On the perils and potential of international investment agreements for the Agreement on TRIPS and COVID-19 discussions at the WTO

Talks on a possible COVID-19-related Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) decision aimed at scaling up vaccine and therapeutics production and equitable distribution continue, despite the postponement of the 12th WTO Ministerial Conference. Without coordination between a TRIPS decision and WTO members’ IIA obligations, these obligations could significantly reduce any decision’s effectiveness.

The UNCITRAL Code of Conduct: Breakthrough or diversion?

UNCITRAL’s Working Group III—charged with global ISDS reform—has circulated its third draft Code of Conduct for investment adjudicators and suggested means for its implementation and enforcement. This article aims to give negotiators an overview of the Code’s provisions, clarify what they mean in practice, and identify specific key issues.

From transparency to prohibition: UNCITRAL WGIII considers options to regulate third-party funding

This article takes stock of UNCITRAL WGIII on ISDS reform discussions on the regulation of third-party funding.

Energy Charter Treaty Reform: Why withdrawal is an option

The Energy Charter Treaty (ECT) faces criticism for its outdated investment provisions and the threats it poses to the energy transition. This article examines one option for states to solve this problem—withdrawal from the treaty—and what this could mean for the EU and its member states, along with its impact on the energy transition in general.