ITN Quarterly

ITN June 2021

Virtual Negotiations: Lessons from a survey of JSI and UNCITRAL negotiators, by Taylor St John & Zoe Williams

An Interview with Nicolás Perrone on Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules, by Nicolás M Perrone

Stabilization Clauses and Implications for Human Rights and Gender Equality, by Sangwani Patrick Ng’ambi

Energy Charter Treaty Reform: Why withdrawal is an option, by Nathalie Bernasconi-Osterwalder, Lukas Schaugg & Amandine Van den Berghe

ITN March 2021

Rethinking investment law from the ground up: extractivism, human rights, and investment treaties, by Lorenzo Cotula

Corruption and confidentiality in contract-based ISDS: The case of P&ID v Nigeria, by Jonathan Bonnitcha

On proportionality, again: Domesticating international investment law and managing vulnerability, by Daria Davitti

The uncertain future of the Energy Charter Treaty: Belgium asks the European Court of Justice to rule on the compatibility of the modernized ECT with EU law, by Stefanie Schacherer

ITN December 2020

Reconciling the rights of multinational companies under IIAs with the tort liability caused by their subsidiaries, by Pablo Agustín Escobar Ullauri

The return of investment screening as a policy tool, by Jonathan Bonnitcha

Are interpretative declarations appropriate instruments to avoid uncertainty? The cases of the Colombia–France BIT and the Colombia–Israel FTA, by Carolina Olarte-Bacares, Enrique Prieto-Rios & Juan P. Pontón-Serra

Does the investment treaty regime promote good governance? The case of mining in Santurbán, Colombia, by Anna Sands

Corporate investors’ nationality and reforming investment treaties: Can older-generation treaties undermine substantive reforms?, by Anil Yilmaz Vastardis

The human rights binding treaty negotiation from an international investment law perspective, by Joe Zhang

Incorporating corporate social responsibility within investment treaty law and arbitral practice: Progress or fantasy remedy?, by Claire Cutler & David Lark

ITN October 2020

Investment Negotiations at the WTO and the IIA Regime: Anticipating unintended interactions, by Nathalie Bernasconi-Osterwalder & Jonathan Bonnitcha

Explaining Ecuador’s shifting position on FDI, investment treaties, and arbitration, by Juan Carlos Herrera-Quenguan

The need for “Africa-focused” arbitration and reform of Tanzania’s Arbitration Act, by Amne Suedi

Side-stepping national courts would be a big step backwards for Europe: A reaction to the EC’s public consultation on EU cross-border investment, by Nathalie Bernasconi-Osterwalder & Sarah Brewin

Assessing outcomes in ISDS, by Sebastian Puerta & Tim R. Samples

ITN June 2020

Protecting Against Investor–State Claims Amidst COVID-19: A call to action for governments, by Nathalie Bernasconi-Osterwalder, Sarah Brewin & Nyaguthii Maina

Valuing Fossil Fuel Assets in an Era of Climate Disruption, by Kyla Tienhaara, Lise Johnson, & Michael Burger

Why Do States Consent to Arbitration in National Investment Laws?, by Tarald Laudal Berge & Taylor St John

The Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation: A model to steer international law toward renewable energy investments and the low-carbon transition, by Sofia de Murard

Morocco’s New Model BIT: Innovative features and policy considerations, by Hamed El-Kady & Yvan Rwananga

Domestic Procedures for the Payment of Damages by States in Investment Arbitration, by Affef Ben Mansour

ITN December 2019

UNCTAD’s 2019 High-level IIA Conference: A new momentum for Phase 2 reform

Business and Human Rights Treaty Negotiation Sees a Light at the End of the Tunnel

What to Expect in the January 2020 Session of UNCITRAL Working Group III on ISDS Reform

ITN October 2019 – Special Edition

Modernizing the Energy Charter Treaty: What about termination?, by Tania Voon

UNCITRAL Working Group III: Promoting alternatives to investor–state arbitration as ISDS reform, by Jane Kelsey

The Revised Draft of a Treaty on Business and Human Rights: Ground-breaking improvements and brighter prospects, by Carlos Lopez

ICSID Rule Amendment: An attempt to remedy some of the concerns regarding ISDS identified by UNCITRAL WG III, by Rafael Ramos Codeço & Henrique Martins Sachetim

ITN September 2019

Judgment C-252 of 2019 of the Constitutional Court of Colombia: Change of precedent on the control of BITs, by Federico Suárez Ricaurte

Ivory Coast’s New Investment Code: Focus on issues related to sustainable development and dispute settlement, by Mouhamed Kebe, Mahamat Atteib & Mouhamoud Sangare

Toward a Code of Conduct for Investment Adjudicators: Can ethical standards salvage ISDS?, by Martin Dietrich Brauch

ITN June 2019

Third-Party Funding and the Objectives of Investment Treaties: Friends or foes?, by Brooke Güven & Lise Johnson

A Bit of Anti-Bribery: How a corruption prohibition in FIPAs can bring a minimum standard of conduct for Canadian investors abroad, by Matthew A. J. Levine

Spain’s Renewable Energy Saga: Lessons for international investment law and sustainable development, by Isabella Reynoso

Investment Facilitation at the WTO: an attempt to bring a controversial issue into an organization in crisis, by Sofía Baliño & Nathalie Bernasconi-Osterwalder

The Kenyan Parliament and Investment Treaty Making, by Bosire Nyamori

Investor Due Diligence and the Energy Charter Treaty, by Yulia Levashova

ITN April 2019

Politically Motivated Conduct in Investment Treaty Arbitration, by Jonathan Bonnitcha and Zoe Williams

Phase 2 of the UNCITRAL ISDS Review: Why “other matters” really matter, by Jane Kelsey, David Schneiderman and Gus Van Harten

Enhancing Environmental Protection in International Investment Law Through the Integration of International Civil Liability Principles, by Alessandra Mistura

Protecting Social Rights Using the Amicus Curiae Procedure in Investment Arbitration: A smokescreen against third parties?, by Maxime Somda

ITN December 2018

Multilateral ISDS Reform Is Desirable: What happened at the UNCITRAL meeting in Vienna and how to prepare for April 2019 in New York, by Martin Dietrich Brauch

Do Developing Countries Really Benefit from Investment Treaties? The impact of international investment law on national governance, by Mavluda Sattorova

Corporate Social Responsibility Clauses in Investment Treaties, by Laurence Dubin

ITN October 2018

A Critical Review of the Debate on Investment Facilitation, by Luciana Ghiotto

Reforming Investment Treaties: Does treaty design matter?, by Tarald Laudal Berge and Wolfgang Alschner

New Egyptian Investment Law: Eyes on sustainability and facilitation, by Moataz M. Hussein

Toward an International Convention on Business and Human Rights, by Carlos Lopez

E-book – International Investment Law and Sustainable Development: Key cases from the 2010s, edited by Nathalie Bernasconi-Osterwalder and Martin Dietrich Brauch

ITN July 2018

The 2018 Draft Dutch Model BIT: A critical assessment, by Bart-Jaap Verbeek and Roeline Knottnerus

The Case Against Third-Party Funding in Investment Arbitration, by Frank J. Garcia

Making the Right to Regulate in Investment Law and Policy Work for Development: Reflections from the South African and Brazilian experiences, by Fabio Morosini

Conflicts between Latin American Countries and Transnational Corporations: The challenges of the region in the face of asymmetrical investment treaties, by Jorge Marchini, Josefina Morales and Gabriela Roffinelli

ITN April 2018

Achmea: The Beginning of the End for ISDS in and with Europe? By Laurens Ankersmit

Withdrawal of Consent to Investor–State Arbitration and Termination of Investment Treaties, by Lise Johnson, Jesse Coleman and Brooke Güven

An interview with Luis Guillermo Vélez – Director-General of Colombia’s National Agency for the Legal Defense of the State

ITN Quarterly December 2017

The Journey of a Binding Treaty on Human Rights: Three Years Out and Where Is It Heading? by Joe Zhang and Mintewab Abebe

Government Regulatory Space in the Shadow of BITs: The Case of Tanzania’s Natural Resource Regulatory Reform, by Magalie Masamba

UNCTAD’s 2017 High-level IIA Conference: Moving Forward on Addressing Older-Generation International Investment Agreements, by James Zhan and Moritz Obst

Review of The Political Economy of the Investment Treaty Regime, by David Gaukrodger

ITN Quarterly September 2017

The 2016 Morocco–Nigeria BIT: An Important Contribution to the Reform of Investment Treaties

A Look into China’s Slowly Increasing Appearance in ISDS Cases

Investment Treaties and the Internal Vetting of Regulatory Proposals: A Case Study from Canada

Can Foreign Investors Be Held Liable for Human Rights Violations? International Human Rights Law and Beyond

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

ITN Quarterly March 2017

The Power to Conclude the New Generation of EU FTAs: AG Sharpston in Opinion 2/15

Can Bolivian State-Owned Companies Submit to International Arbitration? Analyzing Bolivia’s Intricate Legal Framework on Foreign Investment

The Settlement of Investment Disputes: A Discussion of Democratic Accountability and the Public Interest

ITN Quarterly December 2016

Only a Brief Pause for Breath: The Judgment of the German Federal Constitutional Court on CETA, by Jelena Bäumler

India’s Joint Interpretive Statement for BITs: An Attempt to Slay the Ghosts of the Past, by Sarthak Malhotra

Special and Differential Treatment in International Investment Agreements, by Riham Marii

UNCTAD’s International Investment Agreements Conference 2016: Taking IIA Reform to the Next Level, by James Zhan and Diana Rosert

ITN Quarterly August 2016

UNASUR Centre for the Settlement of Investment Disputes: Comments on the Draft Constitutive Agreement

Can EU Member States Still Negotiate BITs with Third Countries?

Recasting Rules and Exceptions? On the Relationship Between Regulatory Sovereignty and International Investment Law

ITN Quarterly May 2016 Uncovering the secrets of the investment treaty universe, by Wolfgang Alschner and Dmitriy Skougarevskiy

The Need for a Southern Observatory on Transnational Investment, by Fredy Trujillo and Silvia Perugachi

An interview with Lauge Poulsen, author of Bounded Rationality and Economic Diplomacy

ITN Quarterly February 2016

TTIP and Climate Change: Low economic benefits, real climate risks

Is ISDS in EU Trade Agreements Legal under EU Law?

State Strategies for the Defence of Domestic Interests in Investor–State Arbitration

ITN Quarterly November 2015

Does the Green Economy Need Investor–State Dispute Settlement?

Conciliation and Arbitration Law: Times of Change in Investment Protection in Bolivia

Safeguarding Sustainable Development: Financing for Development and the International Investment Regime

Negotiations Kick Off on a Binding Treaty on Business and Human Rights

ITN Quarterly August 2015

The Brazilian Agreement on Cooperation and Facilitation of Investments (ACFI): A New Formula for International Investment Agreements?

Farmland Investments and Water Rights in Africa: The Legal Regimes Converging over Land and Water

Working by Design: New Ideas to Empower U.S. and European Workers in TTIP

ITN Quarterly May 2015

PDF – English (1.83 MB) – Français (1.73 MB) – Español (1.79 MB) In this issue: The Merits and Limitations of General Exception Clauses in Contemporary Investment Treaty Practice Rethinking Investment-Related Dispute Settlement Experts at UNCTAD Meeting Give Shape to IIA Reform Options Investment Law and the 1%: On Which Side of the Divide? The Brazil–Mozambique and Brazil–Angola Cooperation and Investment Facilitation Agreements (CIFAs): A […]

ITN Quarterly February 2015

PDF – English (514 kB) – Français (667 kB) – Español (668 kB) In this issue: State Regulatory Autonomy and Tobacco Control in International Trade and Investment Law Political Change vs. Legal Stability: Problems Arising from the Application of Investment Treaties in Transitions from Authoritarian Rule Everyone’s Doing It: The Acceptance, Effectiveness and Legality of Performance Requirements The International […]

ITN Quarterly November 2014

PDF – English (1.65MB) – Français (572 KB) – Español (553 KB) In this issue: In Accordance with Which Host State Laws? Restoring the ‘Defence’ of Investor Illegality in Investment Arbitration; Who is Afraid of Investor-State Arbitration? Unpacking the Riddle of ‘No Greater Rights’ in the TTIP; China’s New Outward Investment Measures: Going Global in […]

ITN Quarterly August 2014

PDF – English (1.52 MB) – Français (572 KB) – Español (553 KB) In this issue: Risky Business or Risky Politics: What Explains Investor-State Disputes?; Aron Broches and the Withdrawal of Unilateral Offers of Consent to Investor-State Arbitration; Opening the Door to Foreign Investment? An Analysis of Bolivia’s New Investment Promotion Law; News in Brief; […]

ITN Quarterly May 2014

PDF – English (911 KB) – Français (511 KB) – Español (920 KB) In this issue: The Practice of Responsible Investment Principles in Larger-Scale Agricultural Investments; Foreign Investment in Farmland and Water: 10 Steps for Better Contracts; Improving Investment Treaties through General Exceptions Provisions: The Australian Example; ICSID’s Annulment Decision in Impregilo v. Argentina: Finality […]

ITN Quaterly January 2014

PDF – English (794 KB) – Français (813KB) – Español (768 KB) In this issue: State Liability for Regulatory Change: How International Investment Rules are Overriding Domestic Law; The Boom in Parallel Claims in Investment Treaty Arbitration; Proposed Changes to the Investment Dispute-Resolution System: A South American Perspective; News in Brief; Awards and Decision; Resources […]

ITN Quarterly September 2013

PDF – English (716 KB) – Français (451 KB) – Español (689 KB) In this issue: New UNCITRAL Arbitration Rules on Transparency: Application, Content and Next Steps; Conoco-Phillips and Exxon-Mobil v. Venezuela: Using Investment Arbitration to Rewrite a Contract; Threat of Pharmaceutical-Related IP Investment Rights in the Trans-Pacific Partnership Agreement: An Eli Lilly v. Canada […]

ITN Quarterly June 2013

PDF – English (708 KB) – Français (393 KB) – Español (689 KB) In this issue: Smart Flexibility Clauses in International Investment Agreements; The Quest for Commodities: Chinese Investment in Farmland; Investment Treaties and the Search for Market Access in China; The Draft Investment Chapter of the Canada-EU Comprehensive Economic and Trade Agreement: A Step […]

ITN Quarterly March 2013

PDF – English (691KB) – Français (659 KB) – Español (629 KB) In this issue: A Distinction Without a Difference? The Interpretation of Fair and Equitable Treatment Under Customary International Law by Investment Tribunals; Enabling Risky Business: Human Rights and the Role of Officially Supported Trade Finance and Investment Guarantees; How to Incorporate Human Rights […]

ITN Quarterly January 2013

PDF – English (638KB) – Français (659 KB) – Español (629 KB) In this issue: Counterclaims by States in Investment Arbitration; The IMF’s New Transfers Policy and the Trading System; Peru’s State Coordination and Response System for International Investment Disputes; UNCTAD’s Investment Policy Framework for Sustainable Development: Potential and Issues; The Sixth Annual Forum of […]

ITN Quarterly October 2012

PDF – English (914 KB) – Français (1 MB) – Español (1 MB) Investment Treaties and Investor Corruption: An Emerging Defense for Host States?; Dealing With the Increasing Complexity of Investment-Related Treaties: A Framework and Some Policy Guidelines; Towards a New Generation of Investment Policies: UNCTAD’s Investment Policy Framework for Sustainable Development; The SADC MODEL […]

ITN Quarterly July 2012

PDF – English (686 KB) – Français (694 KB) – Español (576 KB) In this issue: Deference or No Deference, That is the Question: Legitimacy and Standards of Review in Investor-State Arbitration; The Source for Determining Standards of Review in International Investment Law; Consent to Arbitration Through National Investment Legislation; Investment Law and Public Services: […]

ITN Quarterly April 2012

PDF – English (686 KB) – Français (694 KB) – Español (576 KB) In this issue: Defining an ICSID Investment: Why Economic Development Should be the Core Element; Pro-Investor or Pro-State Bias in Investment Treaty Arbitration: Forthcoming Study Gives Cause for Concern; Venezuela’s Withdrawal from ICSID: What it Does and Does Not Achieve; The White […]

ITN Quarterly December 2011/January 2012

PDF – English (521 KB) – Français (433 KB) – Español (477 KB) Flip-Page – English – Français – Español In this issue: Mission Creep: International Investment Agreements and Sovereign Debt Restructuring; UNASUR Arbitration Centre: The Present Situation and the Principal Characteristics of Ecuador’s Proposal;Investment Developments in the Trans-Pacific Partnership Agreement; The Netherlands: A Gateway to […]

ITN Quarterly October 2011

ITN Quarterly October 2011

PDF – English (560 KB) – Français (550 KB) – Español (550 KB) Flip-Page – English (560 KB) – Français (550 KB) – Español (550 KB) In this issue: Rethinking investor-state contracts through a sustainable development lens; Stabilization in investment contracts: Rethinking the context, reformulating the result; Principles for responsible contracts: Integrating the management of human […]

ITN Quarterly July 2011

PDF – English (560 KB) – Français (550 KB) – Español (550 KB) Flip-Page – English  – Français – Español In this issue: Philip Morris v. Uruguay: Will investor-state arbitration send restrictions on tobacco marketing up in smoke?; Australia’s rejection of investor–state dispute settlement: Four potential contributing factors; Investment arbitration and the Canada–EU Comprehensive Economic and Trade Agreement: […]

ITN Quarterly April 2011

PDF – English (560 KB) – Français (550 KB) – Español (550 KB) Flip-Page – English  – Français – Español In this issue: Freezing government policy: Stabilization clauses in investment contracts; The problem of moral hazard and its implications for the protection of ‘legitimate expectations’ under the fair and equitable treatment standard; Reforming United States trade and investment […]

ITN Quarterly December 2010

English (PDF – 400 KB) – Français (PDF – 400 KB) – Español (PDF – 400 KB) In this issue: 2010 midterm congressional elections on the United States; Fairness and independence in investment arbitration; A Global Thirst: How water is driving the new wave of foreign investment in farmland; UNCATD’s 2010 World Investment Forum.

ITN Quarterly September 2010

English (PDF – 400 KB) – Français (PDF – 400 KB) – Español (PDF – 400 KB) In this issue: The European Union’s future international investment policy; Arbitrator appointments in investment arbitration; The transparency requirement in the new UNCITRAL arbitration rules; The IBA’s Model Mining Development Agreement; Bilateral Investment Treaties and Preferential Trade Agreements; Analysis […]

May 2010 ITN

ITN May 2010 In this issue: Philip Morris initiates arbitration against Uruguay over new labeling requirements, taxes; German investor awarded 29 million Euros in claim against Thailand over highway concession; ICSID panel denies Ukraine’s challenge to arbitrator; Pan American Energy takes Bolivia to ICSID over nationalization of Chaco Petroleum; Ad hoc committee confirms that Kazakhstan […]

April 2010 ITN

April 2010 In this issue: Tribunal finds Ecuador in breach of BIT for its judiciary’s slow handling of Texaco lawsuits; Tribunal hears additional challenges to its jurisdiction in Railroad Development Corporation v. Republic of Guatemala; Cemex v. Venezuela: provisional measures allowed in circumstances of necessity and urgency; Oil transport company Tidewater Inc. initiates ICSID arbitration […]

March 2010 ITN

March 2010 In this issue: ICSID tribunal applies ad hoc approach to confidentiality in arbitral proceedings; A merits hearing takes place in protracted NAFTA dispute over US tobacco settlements; Ecuadoreans battle battle Chevron in U.S. court over BIT arbitration in long-running environmental damage dispute; Tribunals have been constituted in ICSID cases involving Egypt, Cambodia and […]

February 2010 ITN

ITN February 2010 In this issue: Tribunal’s decision in anticipated Yukos case released to public; ICSID finds that corruption has no place in annulment proceedings; Consortium building new Quito airport takes Ecuador to ICSID; Claimant seeks enformcement of environmental laws in notice of dispute alleging expropriation of Barbadian nature sanctuary; Perenco-nominated arbitrator disqualified for interview […]

January 2010 ITN

ITN January 2010 In this issue: UNCITRAL Tribunal determines that wheat supply contracts are not “investments” under Swiss-Uzbekistan BIT; Ad Hoc Committee refuses to lift stay of enforcement or require security regarding ICSID award against Argentina; ICSID Tribunal sides with Chile, rejects claimant’s partial revision request in long running dispute over El Clarin newspaper; Cemex […]

December 2009 ITN

ITN December 2009 In this issue: Very High Standard of Review for ICSID Annulment Applications Confirmed; German investor launches ICSID case against Costa Rica over alleged expropriation of land near endangered turtle habitat; Arbitrator forced to choose in NAFTA dispute over thwarted Canadian garbage site; Continental Casualty and Argentina will continue to battle over financial […]

November 2009 ITN

ITN November 2009 In this issue: ICSID Tribunal Confirms that Allegations of Corruption Must Be Substantiated by “Clear and Convincing Evidence”; F-W Oil Interests Inc. v. Republic of Trinidad & Tobago: A “Relatively Mundane Dispute” after all?; ALBA moves forward with plan to create regional investment arbitration alternative to ICSID at 7th Summit; Confusion about […]