Current Issue

Prof. Tania Voon on Investment Screening

TAPP Network  Recording available here

Proposals for the Amendment of ICSID Rules

ICSID, November 2021 Available here

Webinar: Origin and Evolution of Investment Treaty Standards: Progress or regression?

International Economic Law and Policy Working Group (IELPWG) of Birmingham Law School. The event took place on Monday, November 15, 2021. Recording available here

Advocates Say ISDS Is Necessary Because Domestic Courts Are “Inadequate,” But Claims and Decisions Don’t Reveal Systemic Failings

Maria Rocha, Martin Dietrich Brauch, and Tehtena Mebratu-Tsegaye (CCSI)  Available here

Investment Trends Monitor

UNCTAD, October 2021 Available here

News  |  December 20, 2021

UNCITRAL WGIII continues work on adjudicator code of conduct

The UNCITRAL WGIII on ISDS reform held its 41st session from November 15–19, 2021, with delegates participating both in person and virtually.   As we last reported, in September the UNCITRAL Secretariat released a list of documents on a range of reform-related topics to be discussed throughout the remainder of the year. These topics include assessment […]

ICSID tribunals fail to address the imbalance between sustainable development principles and investment protections

The importance of linking sustainable development and FDI has garnered increasing attention in recent years. Sustainable development as a global paradigm has been endorsed by international bodies and stamped onto global political initiatives; organizations such as the OECD have developed action plans to leverage public funding tools for infrastructure projects in developing countries in support […]

Eco Oro and the twilight of policy exceptionalism

This past September, a tribunal in Eco Oro v. Republic of Colombia issued its Decision on Jurisdiction, Liability, and Directions on Quantum, a sprawling 400-plus-page decision that produced two dissents and has already triggered a series of debates on the impact of investment law on efforts to protect the environment.[1] Among many difficult issues raised […]

Breakthrough in business and human rights binding treaty negotiation but be prepared for a bumpy road ahead

From October 25 to 29, the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises With Respect to Human Rights held its seventh session per the mandate of the UN Human Rights Council Resolution 26/9 to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational […]

A comparative approach to compensation in international property law claims: what lessons for international investment law? An interview with lead author, Esmé Shirlow.

The increasing size of awards of compensation made under international investment treaties is drawing greater scrutiny over the approaches that international investment tribunals use to arrive at these—at times staggering—amounts. One question being asked is: How are things being done elsewhere? A forthcoming IISD paper seeks to answer this question by comparing approaches to the […]

Awards  |  December 20, 2021

Majority in Eco Oro v. Colombia finds violation of minimum standard of treatment, holds that a general environmental exception does not preclude obligation to pay compensation

Eco Oro Minerals Corp. v. Republic of Colombia, ICSID Case No. ARB/16/41 Background and claims Eco Oro Minerals Corp. (Eco Oro) is a Canadian mining company that obtained a mining permit for Colombia’s Angostura gold and silver deposits in 1994. On February 8, 2007, Eco Oro entered into a concession contract with the Colombian Geology […]

Awards  |  December 20, 2021

Spain held liable in another renewable energy case and ordered to pay EUR 22 million in compensation for damages

BayWa r.e. Renewable Energy GmbH and BayWa r.e. Asset Holding GmbH v. Spain, ICSID Case No. ARB/15/16 In a final award, dated January 25, 2021, an ICSID tribunal ordered Spain to pay damages to German investors in compensation for the clawback of a subsidy regime. Although the bulk of  investor’s primary claims under the ECT […]

News  |  December 20, 2021

Structured discussions on investment facilitation continue during lead-up to now-postponed ministerial conference

Beginning September 2021, WTO members participating in the Structured Discussions on investment facilitation have been meeting, on average, every two weeks. This includes four negotiating meetings on September 7–8, October 4–5, November 2–3, and November 16–17, as well as two intersessional meetings held on September 23 and October 20–21. Negotiations for an agreement on investment […]

They concern you more than you know: On the perils and potential of international investment agreements for the Agreement on TRIPS and COVID-19 discussions at the WTO

Talks on a possible COVID-19-related Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)[1] decision aimed at scaling up vaccine and therapeutics production and equitable distribution continue, despite the postponement of the 12th World Trade Organization (WTO) Ministerial Conference. Against this backdrop, it is worth drawing attention to a blind spot in the current discussion, […]

News  |  December 18, 2021

ECT modernization negotiations continue while agreement attracts criticism for impact on climate

Since our last report, two more negotiation rounds have taken place on ECT modernization. The seventh round took place from October 28–November 1, 2021, while the eighth round was held from November 9–11, 2021. During both rounds, the modernization group discussed issues related to investor–state dispute settlement, including frivolous claims, security for costs, third-party funding, […]