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. 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.

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.

Reforming Investment Dispute Settlement: A stocktaking

ISDS continues to be controversial, spurring debate in the investment and development community and the public at large. States are responding to challenges and concerns surrounding ISDS through different avenues.

Asian Perspectives on International Investment Law

With changes to the international investment law landscape—and Asian countries now actively developing their network of BITs and FTAs—this volume studies issues relating to Asian perspectives on international investment law and forecasts the future of Asian contributions to its science and practice.

The Return of the Home State to Investor–State Disputes: Bringing back diplomatic protection?

The book examines the underlying reasons for the exclusion of home states from ISDS and explores the role that they could play in the dispute process. It also analyzes whether current reforms and proposed changes for the international investment law regime will improve it or reduce the exposure of states to investment claims.

PITAD Investment Law and Arbitration Database: Version 1.0

Currently in beta version, the database provides a comprehensive, regularly updated and networked overview of all known investment arbitration cases. It offers researchers and policy-makers immediate access to an initial selection of carefully coded variables together with a series of visualizations of raw and analyzed data from more than 1,000 cases.

European Yearbook of International Economic Law 2018

In light of increasing conflicts over access to and use of natural resources—and of their impact on political, social and environmental aspects—contributors to this volume analyze the extent to which international economic law can support the sustainable exploitation, management and distribution of natural resources.

Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)

This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection.

Key Duties of International Investment Arbitrators: A transnational study of legal and ethical dilemmas

This book critically analyzes how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future.

The Participation of the EU in International Dispute Settlement: Lessons from EU investment agreements

This book looks at the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a state-centric international law.

Fact Sheet on Intra-European Union Investor–State Arbitration Cases

Intra-EU investor–state arbitration has been a prominent topic in domestic and international policy debates. Recent developments related to the Achmea case put a spotlight on the future of intra-EU disputes based on BITs and the Energy Charter Treaty.

Establishing Judicial Authority in International Economic Law

A central development in international law is the intensified juridification of international relations by a growing number of international courts. With this in mind, 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.

Taxation of Bilateral Investments: Tax treaties after BEPS

The OECD’s guidance on combatting tax avoidance strategies associated with Base Erosion and Profit Sharing (BEPS) methods is complex and accompanied by a wealth of literature.

Research Handbook on Environment and Investment Law

This book examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. It takes a thematic approach, analyzing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development.

Commentary on the Energy Charter Treaty

The Commentary on the Energy Charter Treaty (ECT) provides an article-by-article textual analysis of the international agreement, which outlines a multilateral framework for cross-border cooperation in the energy sector.

Designing Local Content Policies in Mineral-Rich Countries

This report provides clarity on key characteristics and challenges of local content policies. It does not attempt to propose one definition of local content.

State Responsibility for Breaches of Investment Contracts

This work seeks to address the need for a detailed study that investigates and analyzes the sources, the content, the characteristics and the evolution of the law of state responsibility for breaches of investment contracts.

International Challenges in Investment Arbitration

Investment arbitration is heavily relied upon around the globe and has to cope with the demands of increasingly complex proceedings. At the same time, it has come under close public scrutiny in the midst of heated political debate.

Transparency in International Investment Arbitration: A guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration

This book explains the underlying debate and provides an in-depth commentary on the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration, paragraph by paragraph.

IGF Guidance for Governments: Local content policies

The guidance focuses on mining sector local content policies—a suite of policies aimed at leveraging mining investment to, for example, increase local employment, boost mining companies’ local purchases and foster entrepreneurs in non-mining sectors.

World Investment Report 2018: Investment and new industrial policies

The 2018 World Investment Report presents foreign direct investment (FDI) trends and prospects at global, regional and national levels; analyzes the latest developments in national policy measures on investment; 

IIA Issues Note: Investor–State Dispute Settlement: Review of developments in 2017

UNCTAD’s annual review of investor–state dispute settlement (ISDS) contains an overview of cases initiated pursuant to international investment agreements (IIAs), overall case outcomes and an in-depth analysis of decisions.

IIA Issues Note: Recent Developments in the International Investment Regime

The note highlights that the number of new IIAs concluded in 2017 was the lowest since 1983, and that, for the first time, the number of effective treaty terminations outpaced the number of new IIAs.

The WTO and International Investment Law: Converging systems

International law has historically regulated foreign trade and foreign investment differently, leading to variances in treaty form, institutional culture and dispute settlement. However, economic, legal and sociological factors are now pushing the two systems together.

Legalization, Diplomacy, and Development: Do investment treaties de-politicize investment disputes?

Architects of the investment treaty regime, as well as many current proponents, have suggested that the treaties also allow developing countries to de-politicize investor–state disputes, shielding commercial disputes from broader political and diplomatic considerations with developed states.