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Investment Trends Monitor

UNCTAD (October 2020) Available here

Mainstreaming Gender Equality in Investment Promotion

Investment promotion agencies are increasingly integrating gender concerns into their work.

UNCTAD’s IIA Reform Accelerator – A New Tool to Facilitate Investment Treaty Reform

UNCTAD’s IIA Reform Accelerator – A New Tool to Facilitate Investment Treaty Reform Available here

Twenty-Fourth Report on G20 Investment Measures

UNCTAD/OECD Available here

Investment Treaties and the Legal Imagination. How Foreign Investors Play by Their Own Rules

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.

2020 International Arbitration Survey: Investor–State Dispute Settlement (ISDS)

This survey and resulting report focus on investors’ views of ongoing ISDS reform processes and positions.

What Is Wrong with Investment Arbitration? Evidence From a Set of Behavioural Experiments

This article uses an experimental approach to better understand public criticism of investment arbitration.

Proportionality and Human Rights Protection in International Investment Arbitration: What’s Left Hanging in the Balance?

This article examines the proportionality analysis carried about by arbitral tribunals when the protection of foreign investment comes into conflict with human rights protections.

International Trade, Investment, and the Sustainable Development Goals

This book examines the ways in which international trade and investment regimes can contribute to or complicate the pursuit of the SDGs.

Admissibility of Shareholder Claims Under Investment Treaties

This book examines the admissibility of shareholder claims under investment treaties and proposes specific admissibility criteria.

Asymmetries in Trade and Investment Regimes in the Age of COVID-19 and Beyond: A reflection on subnational government marginalisation and resistance within the trade and investment governance structures

By Ohio Omiunu (Afronomics Law)

International Investment and Competition Law

This is a special issue of the European Yearbook on International Economic Law.

Investment Trends Monitor Special Issue (March 2020)

UNCTAD’s Investment Trends Monitor special issue on the impact of the Covid-19 pandemic on global value chains and FDI.

Investment Policy Monitor Special Issue (May 2020)

UNCTAD’s Investment Policy Monitor special issue on the investment policy responses to the Covid-19 pandemic.

International Protection of Investments: The substantive standards

This book outlines the common protection standards contained in international investment agreements and their application and interpretation by investment tribunals.

Adjudicating Trade and Investment Disputes: Convergence or divergence?

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 Working Group III Webinars

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.

Africa Arbitration Academy Protocol on Virtual Hearings in Africa 2020

The Africa Arbitration Academy has just launched its Protocol on Virtual Hearings in Africa.

China, the EU and International Investment Law: Reforming investor–state dispute settlement

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 Investment Trend Monitor No. 32

Global FDI flows in the first half of 2019 were 24 per cent higher than in the first half of 2018.

Contributory Fault and Investor Misconduct in Investment Arbitration

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.

The Right of States to Regulate in International Investment Law

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.

Investment Arbitration in Central and Eastern Europe: Law and practice

Central and Eastern Europe (CEE) are the respondents of most investment arbitration cases initiated against EU member states.

Master Class on International Investor–State Arbitration: What is it? How does it work?

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.

Judicial Acts and Investment Treaty Arbitration

This book focuses on distinctive particularities of judicial acts of states, which are becoming increasingly subjected to international investment claims.

Review of ISDS Decisions in 2018: Selected IIA reform issues

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.

Mediation in International Commercial and Investment Disputes

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 Trade, Investment and Finance: Toward responsible and coherent regulatory frameworks

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.

Establishing Judicial Authority in International Economic Law

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.

Canadian Initiatives Against Bribery by Foreign Investors

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.

Local Content Policies in the Mining Sector: Scaling up local procurement

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.

World Investment Report 2019: Special economic zones

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.

Responsibility of the EU and the Member States under EU International Investment Protection Agreements: Between traditional rules, proceduralisation and federalisation

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.

Taking Stock of IIA Reform: Recent developments

This IIA Issues Note tracks progress on IIA reform, finding that it is well underway and involves countries at all levels of development and from all regions. It highlights that almost all the treaties concluded in 2018 contain a large number of reform features, and the core focus of reform action is in relation to ISDS.

SustainableFDI.org

SustainableFDI.org is UNCTAD’s dedicated site on promotion and facilitation of investment for sustainable development, in line with the 2030 Agenda and all the SDGs. It provides content related to investment in affordable and clean energy and climate action, as well as in each of the SDGs.

Fact Sheet on Investor–State Dispute Settlement Cases in 2018

This IIA Issues Note provides an overview of known treaty-based ISDS cases initiated in the past year and overall ISDS case outcomes. It indicates that, as the surge in ISDS cases continues, the total ISDS case count may reach 1,000 by the end of 2019.

Investment Policy Hub

UNCTAD gave its Investment Policy Hub a facelift to make it more user-friendly.

Good Faith in Investment Treaty Arbitration

This book considers the application of good faith by arbitral tribunals and parties in international investment disputes, encompassing both procedural and substantive aspects of good faith.

Arbitration Costs: Myths and realities in investment treaty arbitration

This book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence.

Yearbook on International Investment Law & Policy 2017

The 2017 edition of the annual publication provides a comprehensive overview of developments in the international investment law and policy field, focusing on trends and issues in FDI, investment treaty practice and investor–state arbitration.

Extraction Casino: Mining companies gambling with Latin American lives and sovereignty through international arbitration

This report exposes 38 cases of mining companies that have been filing dozens of multi-million dollar claims against Latin American countries before investment arbitration tribunals, demanding compensation for court decisions, public policies and other government measures that they claim reduce the value of their investments.

Digging for Dividends: The use and abuse of investor-state dispute settlement by Canadian investors abroad

This report concludes that ISDS cases launched by Canadian investors outside North America follow a pattern of disproportionately targeting environmental policy in developing nations and that environmental policy is the fastest growing trigger for such cases.

Reforming Investment Dispute Settlement: A stocktaking

ISDS continues to be controversial, spurring debate in the investment and development community and among the public at large.

Legal Framework of Environmental and Social Impact Assessment in the Mining Sector

Environmental and social impact assessments (ESIAs), environmental and social management plans (ESMPs), closure and rehabilitation plans, and potential resettlement action plans (RAPs) are essential tools for any process related to the granting of environmental permits or mining authorizations.

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