This legal opinion, commissioned by Oil Change International, lays out the responsibilities of export credit agencies and governments regarding the financing of fossil fuel projects.
Draws on investment arbitration to make a normative argument about the role of equity in international law.
UNCTAD’s SDG Investment Trends Monitor (April 2021)
We Need to Rethink Investment Treaties to Ensure a Rapid and Just Energy Transition
By Tarald Laudal Berge and Axel Berger, Journal of International Dispute Settlement (March 2021)
Full papers due March 31, 2021
A comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh.
Available here.
By Esme Shirlow, Cambridge University Press (February 2021)
The Atlas:
Includes African Arbitration Legislation (AAL)
A non-exhaustive Directory of African International Arbitrators (DAIA)
UNCTAD (October 2020) Available here
Investment promotion agencies are increasingly integrating gender concerns into their work.
UNCTAD’s IIA Reform Accelerator – A New Tool to Facilitate Investment Treaty Reform Available here
UNCTAD/OECD Available here
This book explores the role of private sector actors (business leaders, bankers, and international lawyers) in the development of international investment law. It also takes a new look at influential awards, including those related to conflicts involving local communities.
This survey and resulting report focus on investors’ views of ongoing ISDS reform processes and positions.
This article uses an experimental approach to better understand public criticism of investment arbitration.
This article examines the proportionality analysis carried about by arbitral tribunals when the protection of foreign investment comes into conflict with human rights protections.
This book examines the ways in which international trade and investment regimes can contribute to or complicate the pursuit of the SDGs.
This book examines the admissibility of shareholder claims under investment treaties and proposes specific admissibility criteria.
By James Thuo Gathii and Olabisi D. Akinkugbe (Afronomics Law)
By Katrin Kuhlmann (Afronomics Law)
Jean Ho (Afronomics Law)
This is a special issue of the European Yearbook on International Economic Law.
This book examines the participation of Indigenous Peoples in international trade and investment and the development of law in these areas.
UNCTAD’s Investment Trends Monitor special issue on the impact of the Covid-19 pandemic on global value chains and FDI.
UNCTAD’s Investment Policy Monitor special issue on the investment policy responses to the Covid-19 pandemic.
This book outlines the common protection standards contained in international investment agreements and their application and interpretation by investment tribunals.
This book contributes to the debate on the fragmentation of international law and examines the possible convergence of international trade and investment law, with a focus on dispute settlement.
UNCITRAL Code of Conduct for Adjudicators in Investor–State Dispute Settlement. Draft with annotations.
Webinar topics include the establishment of an advisory centre; multilateral instrument on ISDS reform; treaty parties’ involvement and control mechanisms on treaty interpretation; and mediation.
The Africa Arbitration Academy has just launched its Protocol on Virtual Hearings in Africa.
This book analyzes subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming ISDS from both Chinese and European perspectives.
Global FDI flows in the first half of 2019 were 24 per cent higher than in the first half of 2018.
Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability or remedies.
This book addresses the balance between the host state’s right to regulate and the investor’s right to obtain a FET standard under international investment law.
Central and Eastern Europe (CEE) are the respondents of most investment arbitration cases initiated against EU member states.
In the 1h45min video, Jeswald W. Salacuse, Distinguished Professor and Henry J. Braker Professor of Law at the Fletcher School of Law and Diplomacy at Tufts University, provides a comprehensive study of international investor–state arbitration from historical background and procedures to real-world application and in-depth analysis.
This book focuses on distinctive particularities of judicial acts of states, which are becoming increasingly subjected to international investment claims.
This IIA Issues Note reviews publicly available decisions in ISDS cases, with a focus on cases and issues of relevance for treaty drafting and IIA reform.
The book indicates that the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration, but that international mediation and conciliation are now coming to the fore.
Sustainable development remains a high priority in international politics and commerce. This book explores how the contours and facets of economic, environmental and social sustainability are reflected in the legal norms that govern trade, investment and finance.
This book discusses how international judicial authority is established and managed in key fields of international economic law: trade law, investor–state arbitration and international commercial arbitration.
This report builds on the broad recognition that corruption—with bribery as a particularly significant manifestation—is a grave threat to sustainable development. It focuses on Canadian legal initiatives against bribery by Canadian businesses investing abroad.
This paper focuses on local procurement policies designed to boost the number of goods and services purchased by mining operations from local stakeholders. It unpacks various objectives that a local procurement policy can help respond to. It also details various types of policy instruments that can be used in the design of local procurement policies and underlines the strengths and weaknesses of each type of measure.
The World Investment Report (WIR) supports policy-makers by monitoring global and regional FDI trends and documenting national and international investment policy developments. The 2019 edition provides an overview of the global landscape concerning Special Economic Zones.
This book provides a comprehensive portrait of how international responsibility of the EU and EU member states is structured under the EU’s international investment protection agreements. It analyzes both the old regime as represented by the ECT and the new regime as represented by the new EU investment treaties, such as CETA and the agreements with Singapore and Vietnam.