Resources

The Most-Favoured-Nation Clause in Investment Treaties

Part of IISD’s Best Practices Series, this study conducts a typology of investment treaties and then an analysis of the differing interpretations by the tribunals of several key issues

Exhaustion of Local Remedies in International Investment Law

This advisory bulletin, part of IISD’s Best Practices Series, reviews state-of-the-art approaches and policy options for ELR in international investment law, based on lessons learned from customary international law, international human rights law, and investment treaty practice and jurisprudence.

Promoting Gender Equality in Foreign Agricultural Investments: Lessons from voluntary sustainability standards

This report analyzes the gender-related content of five major global agricultural sustainability standards and five principles for responsible investment in agriculture.

IGF Guidance for Governments: Managing artisanal and small-scale mining

The guidance document presents a step-by-step process for governments to develop, implement and monitor an effective artisanal and small-scale mining (ASM) management strategy.

Lex Petrolea and International Investment Law: Law and practice in the Persian Gulf

The book analyzes jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors.

Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law

The authors survey and criticize the manner in which tribunals have employed the concept of regulatory purpose in determining whether discrimination has occurred, and propose a new definition of regulatory purpose that assists in framing the test for unlawful discrimination in both fields of law. The book compares and contrasts trade and investment law, drawing out several parallels and suggesting areas in which one legal system might answer or shed light on questions arising in the other.

Private Investments and Agriculture: The importance of integrating sustainability into planning and implementation

This briefing note examines some dimensions of these questions, focusing on the following areas: impacts on water quantity, land and soil quality, land tenure and community benefits, and off-farm migration.

Reassertion of Control over the Investment Treaty Regime

This book examines the many issues of procedure, substantive law, and policy which arise from this trend.

International Investment Law and Water Resources Management: An appraisal of indirect expropriation

The book offers an appraisal of indirect expropriation, revisiting the police power doctrine. Through the lens of international investment law, the author explores a framework that assesses the legitimate exercise of police power with particular attention to the special nature of water resources.

The ASEAN Comprehensive Investment Agreement: The Regionalisation of Laws and Policy on Foreign Investment

This book examines the role of this specific international treaty on investment and situates it in the wider global trend towards the regionalisation of laws and policy on foreign investment.

Performance Requirements and Investment Incentives Under International Economic Law

The book analyzes performance requirements and investment incentives as vital tools of economic policy.

Resources and Events

RESOURCES

Judging the State in International Trade and Investment Law by Leïla Choukroune (Ed.), Published by Springer, November 2016.

Interpretation of International Investment Treaties by Tarcisio Gazzini, Published by Hart Publishing, November 2016.

Mining a Mirage? Reassessing the shared-value paradigm in light of the technological advances in the mining sector by Aaron Cosbey, Howard Mann, Nicolas Maennling, Perrine Toledano, Jeff Geipel & Martin Dietrich Brauch, Published by IISD, October 2016.

Investment-Related Dispute Settlement: Towards an inclusive multilateral approach by IISD Investment and Sustainable Development Program, Published by IISD, October 2016.

Ending Hunger: What would it cost? by David Laborde, Livia Bizikova, Tess Lallemant & Carin Smaller, Published by IISD, October 2016.

EVENTS 2016­–2017

November 28–December 9, 2016

2016 INTERNATIONAL INVESTMENT TREATIES AND INVESTOR–STATE ARBITRATION, International Law Institute, Washington, DC, United States,

December 7–9, 2016

INTRODUCTION TO MEDIATION, Association for International Arbitration, Brussels, Belgium.

December 9, 2016

33rd AAA–ICC–ICSID Joint Colloquium on International Arbitration, ICC, American Arbitration Association (AAA) & International Centre for Settlement of Investment Disputes (ICSID), Paris, France.

ROUNDTABLE ON CORPORATE LIABILITY FOR FOREIGN BRIBERY, Organisation for Economic Co-operation and Development (OECD), Paris, France,

January 12–13, 2017

4th ITA­–IEL–ICC JOINT CONFERENCE ON INTERNATIONAL ENERGY ARBITRATION, ICC, Institute for Transnational Arbitration (ITA) & Institute for Energy Law (IEL), Houston, Texas.

January 17–20, 2017

WORLD ECONOMIC FORUM ANNUAL MEETING, Davos-Klosters, Switzerland.

Judging the State in International Trade and Investment Law

The book analyzes the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign states.

Interpretation of International Investment Treaties

Fundamental questions dealt with in this study include: Are investment treaties a special category of treaty for the purpose of interpretation?

Mining a Mirage? Reassessing the shared-value paradigm in light of the technological advances in the mining sector

This report, co-produced with the Columbia Center on Sustainable Investment, looks to the near and medium terms, exploring what will happen to the local employment and procurement components of the shared-value paradigm—and, by extension, to the mining companies’ social licence to operate—if technological change radically alters the amount of money mining firms are spending on hiring and procurement.

Investment-Related Dispute Settlement: Towards an inclusive multilateral approach

Building on the results of the 2014 meeting and recent developments in international practice regarding investment-related dispute settlement, IISD prepared a preliminary draft outline of an Agreement Creating an International Dispute Settlement Agency for Transboundary and Other Investments, which was the main subject of the discussions at the second expert meeting in Montreux held from May 23 to 24, 2016.

Ending Hunger: What would it cost?

The analysis focuses on the cost of ending hunger through increased spending on social safety nets directly targeting consumers, farm support to expand production and increase poor farmers’ income, and rural development that reduces inefficiencies along the value chain and enhances rural productivity.

Resources and Events

RESOURCES

Policy Brief #4: Investment in Agriculture, “Investing in Land for Water: The converging legal regimes” by Makane Moïse Mbengue, Susanna Waltman & Laura Turley, Published by IISD, July 2016.

Establishing Judicial Authority in International Economic Law by Joanna Jemielniak, Laura Nielsen & Henrik Palmer Olsen (Eds.), Published by Cambridge University Press, July 2016.

IIA Mapping Project by United Nations Conference on Trade and Development (UNCTAD), Published by UNCTAD, July 2016.

World Investment Report 2016, “Investor Nationality: Policy Challenges” by UNCTAD, Published by UNCTAD, June 2016.

IIA Issues Note, “Investor–State Dispute Settlement: Review of Developments in 2015” by UNCTAD, Published by UNCTAD, June 2016.

Foreign Investor Protections in the Trans-Pacific Partnership by Gus Van Harten, Published by Canadian Centre for Policy Alternatives (CCPA), June 2016.

Can the Mauritius Convention Serve as a Model for the Reform of Investor–State Arbitration in Connection with the Introduction of a Permanent Investment Tribunal or an Appeal Mechanism? Analysis and Roadmap by Gabrielle Kaufmann-Kohler & Michele Potestà, Published by Geneva Center for International Dispute Settlement (CIDS), June 2016.

Signing Away Sovereignty: How Investment Agreements Threaten Regulation of the Mining Industry in the Philippines by Cecilia Olivet, Jaybee Garganera, Farah Sevilla & Joseph Purugganan, Published by Transnational Institute (TNI), May 2016.

EVENTS 2016

September 7

SEMINAR, “DO ARBITRATORS TEND TO STRETCH THEIR JURISDICTION IN INVESTMENT ARBITRATION? A DEBATE BASED ON YUKOS AWARDS,” Arbitration Institute of the Stockholm Chamber of Commerce (SCC), Stockholm, Sweden,
September 18–23

IBA ANNUAL CONFERENCE 2016, International Bar Association, Washington, D.C., United States

September 19–22

MASTER CLASS ON INVESTMENT ARBITRATION, Association for International Arbitration (AIA) & Brussels Diplomatic Academy (Vrije Universiteit Brussel), Brussels, Belgium,

September 27–28

ICSID COURSE, “NAVIGATING AN ICSID ARBITRATION FROM START TO FINISH,” & ICSID–CRCICA JOINT CONFERENCE, “KEY ISSUES IN INTERNATIONAL INVESTMENT ARBITRATION,” International Centre for Settlement of Investment Disputes (ICSID) & Cairo Regional Centre for International Commercial Arbitration (CRCICA), Cairo, Egypt,
October 24–28

INTERGOVERNMENTAL FORUM ON MINING, MINERALS, METALS AND SUSTAINABLE DEVELOPMENT (IGF) ANNUAL GENERAL MEETING (AGM) 2016, “THE SUSTAINABLE DEVELOPMENT GOALS (SDGS) AND MINING,” IGF & IISD, Geneva, Switzerland,

November 2–3

11TH ANNUAL COLUMBIA INTERNATIONAL INVESTMENT CONFERENCE, “CLIMATE CHANGE AND SUSTAINABLE INVESTMENT IN NATURAL RESOURCES: FROM CONSENSUS TO ACTION,” Columbia Center on Sustainable Investment (CCSI), New York, United States.

November 2–8

SINGAPORE INTERNATIONAL ARBITRATION ACADEMY (SIAA) 2016, “THE INVESTMENT TREATY WORLD IS CHANGING…,” National University of Singapore’s Centre for International Law (CIL), Singapore.

November 7–9

TENTH ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, IISD, South Centre, Commonwealth Secretariat, & Government of Sri Lanka, Colombo, Sri Lanka.

November 10

SUSTAINABLE DEVELOPMENT AND INTERNATIONAL ARBITRATION, Association for International Arbitration (AIA) Italy, International Chamber of Commerce (ICC) Italy & Vrije Universiteit Brussel, Brussels, Belgium.

November 21

BRIDGING THE CLIMATE CHANGE POLICY GAP: THE ROLE OF INTERNATIONAL LAW AND ARBITRATION, SCC, IBA, ICC and Permanent Court of Arbitration (PCA), Stockholm, Sweden.

Policy Brief #4: Investment in Agriculture, “Investing in Land for Water: The converging legal regimes”

By Makane Moïse Mbengue, Susanna Waltman & Laura Turley, Published by IISD, July 2016 Investment in farmland is motivated in large part by access to water resources, but water-related impacts tend to be an afterthought in the “land grabbing” debates. These same water resources are lifelines for local farmers, pastoralists and other communities, which makes […]

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.

IIA Mapping Project

Individual treaties are mapped by law students from over 25 participating universities worldwide, under the supervision of their professors and with the overall guidance and coordination of UNCTAD.

World Investment Report 2016, “Investor Nationality: Policy Challenges”

The report presents a Global Action Menu for Investment Facilitation to further enhance the enabling environment for investment in sustainable development.

IIA Issues Note, “Investor–State Dispute Settlement: Review of Developments in 2015”

The issues note reviews developments in ISDS in 2015.

Foreign Investor Protections in the Trans-Pacific Partnership

This study examines the special privileges, enforced through ISDS, which would be given to foreign investors under the TPP.

Can the Mauritius Convention Serve as a Model for the Reform of Investor–State Arbitration in Connection with the Introduction of a Permanent Investment Tribunal or an Appeal Mechanism? Analysis and Roadmap

The paper proposes a possible roadmap that could be followed if states were to decide to pursue a reform initiative of the existing investor–state arbitration regime in international investment agreements (IIAs), based on three main blocks: the design of an International Tribunal for Investments (ITI), the design of an Appeal Mechanism (AM) for investor–state arbitral awards and the establishment of an opt-in multilateral convention to extend those new dispute resolution options to states’ existing IIAs.

Signing Away Sovereignty: How Investment Agreements Threaten Regulation of the Mining Industry in the Philippines

This briefing argues that the country’s ability to properly regulate or close polluting mines will be severely constrained by a network of investment treaties the Philippines has signed, which provide excessive protection for foreign investors.

Switzerland’s Investment Treaties: Time for a change

This paper explains the concerns attached to traditional investment treaties—the type of treaties that Switzerland has so many of—and the various ways that countries have adapted their approach as a result.

Investment Court System Put To The Test: New EU proposal will perpetuate investors’ attacks on health and environment

The European Commission claims that its new investment proposal—the Investment Court System (ICS)—will protect governments’ abilities to regulate on crucial matters such as public health and environmental protection.

Alternative Visions of the International Law on Foreign Investment: Essays in honour of Muthucumaraswamy Sornarajah

This book discusses the forces that are reshaping the international investment law.

Rethinking Bilateral Investment Treaties: Critical issues and policy choices

This free-to-download e-book takes stock of current developments and explores alternative approaches to reform investment treaties.

The WTO and International Investment Law: Converging systems

Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them.

The Trans-Pacific Partnership, Part I: A deal too far

The author argues that Canada should reject the agreement and use it as a jumping-off point to lead a new global dialogue on the right directions for trade agreements. The commentary also focuses on how trade agreements should and can be instruments to support, rather than impede, achieving the globally adopted Sustainable Development Goals.

Sustainability Impacts of Chinese Outward Direct Investment: A review of the literature

By Yuan Wang, Simon Zadek, Kelly Yu, Mark Halle, Samuel Ortiz Velasquez, Lin Zhang, Hanjie Wang, Published by IISD, February 2016 Outward direct investment (ODI) by the People’s Republic of China has grown very rapidly since 2004, and in 2014, China’s ODI flows attained USD 123.1 billion. Numerous academic studies, policy papers and media reports […]

Shifting Paradigms in International Investment Law: More balanced, less isolated, increasingly diversified

It analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state’s duty to regulate in the public interest.

The Mining Policy Framework: Assessing the implementation readiness of member states of the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) – Synthesis Report

This report synthesizes some of the key findings from the assessments and the capacity-building workshops.

Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state’s duty to regulate in the public interest.

Investment Dispute Settlement Navigator (ISDS Navigator)

The online database contains information on 696 publicly known international arbitration cases initiated by investors against states pursuant to international investment agreements (IIAs).

Investment Law within International Law: Integrationist Perspectives

The book examines the links between investment law and other sub-fields of international law, including the law on armed conflict, human rights, sustainable development, trade, development and EU law.

Analogies in International Investment Law and Arbitration

This book scrutinizes the impact a comparative approach can have on investment law, including on increasing its perceived legitimacy.

The Law of Investment Treaties

The book examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them.

Financing for Agriculture: How to boost opportunities in developing countries

The policy brief explores the financial needs of agriculture in developing countries and the instruments available to address these needs.

Proportionality and Deference in Investor-State Arbitration: Balancing investment protection and regulatory autonomy

The study examines how investment tribunals have balanced the interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power.

Yearbook on International Investment Law & Policy, 2013–2014

This annual publication provides an overview of recent trends and key issues in international investment law and policy.

NAFTA and Sustainable Development: The history, experience, and prospects for reform

This book assesses the current state of environmental protection under the North American Free Trade Agreement (NAFTA) and the North American Agreement on Environmental Cooperation (NAAEC), outlining the scope and process of both agreements, their impact on specific environmental issues, and paths to reform.

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

This in-depth commentary analyses each paragraph of the UNCITRAL Transparency Rules, and explains the underlying debate for a broader context.

Investment Contracts for Agriculture: Maximizing gains and minimizing risks

The paper focuses on large-scale agricultural projects in developing countries, involving the lease of farmland. It marries two substantial bodies of research to show how investment contracts can be set up to promote sustainable development.

World Investment Report (WIR) 2015: Reforming International Investment Governance

The WIR presents global investment trends in 2014, indicating that global foreign direct investment (FDI) inflows fell by 16 per cent to US$1.23 trillion.

Farmland Investments and Water Rights: The legal regimes at stake

This report, focused on Africa, provides an overview of the international legal regimes governing water rights and investment in land and the implications for foreign investors, governments and communities.

The Origins of International Investment Law: Empire, environment and the safeguarding of capital

This book examines the historical evolution of international investment law (IIL), from its origins in the commercial and political expansionism of dominant states during the 17th to early 20th centuries to the continued resonance of those origins within modern IIL.

IISD Handbook on Mining Contract Negotiations for Developing Countries, Volume I: Preparing for Success

Recognizing the need for a tool to help guide developing countries through the process of negotiating investment contracts with mining companies, this handbook seeks to assist government officials to identify their needs and goals and to prepare themselves to negotiate effectively, with the goal of creating maximum shared value from mining for developing countries.