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.

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.

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.

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 […]

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).

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.

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.

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.

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.

Resistance and Change in the International Law on Foreign Investment

The book places in their political context the changes in international investment law in response to resistance, explains the rapidity of changes in the light of economic theories and their dismantling when the theories do not work, and highlights the instrumentality of law as a purveyor of power and economic theory.