This report uses a first-of-its kind analytical framework that tracks the performance of 117 countries over 45 years to understand which policies have succeeded or failed.
This report provides clarity on key characteristics and challenges of local content policies. It does not attempt to propose one definition of local content.
The Formation and Identification of Rules of Customary International Law in International Investment Law
This book provides a comprehensive analysis of the phenomenon of customary international law in the field of international investment law.
This book analyzes the tension between the host state’s commitment to providing regulatory stability for foreign investors and its commitments to its citizens with regard to environmental protection and social welfare.
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.
This volume examines China’s role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic perspective.
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.
International Investment Law and Globalization: Foreign investment, responsibilities and intergovernmental organizations
Have the processes of elaboration and implementation of foreign investors’ responsibilities by intergovernmental organizations reached the realm of legality?
This book provides a comprehensive analysis of state succession issues arising in the context of international investment law.
States are pursuing many avenues to curb the international investment regime, perceived as having run out of control. This book examines the many issues of procedure, substantive law and policy arising from this trend.
Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration
The book examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.
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.
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;
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.
Why did governments create a special legal regime in which foreign investors can bring cases directly against states?
The book offers a comprehensive introduction to international investment law and dispute settlement.
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.
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.
International Council for Commercial Arbitration (ICCA)–Queen Mary Task Force Report on Third-Party Funding in International Arbitration
The ICCA-Queen Mary Third Party Funding Taskforce, comprised of representatives drawn from among all relevant stakeholders and interested members of ICCA
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.
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration
This book explores issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law.
This book examines the interaction between the minimum standard of treatment (MST) and the FET standard and the question of why states started referring to the former in their BITs.
Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims.
This book provides an overview of the evolution of civil society’s participation as amicus curiae before investment tribunals, an evolution that fits within a broader movement towards transparency in investment treaty arbitration.
Societal Benefits and Costs of International Investment Agreements: A critical review of aspects and available empirical evidence
This paper reviews alleged societal benefits and costs of international investment agreements (IIAs).
This book serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration’s essence.
This report compares the investment laws of the 10 Association of Southeast Asian Nations (ASEAN) member states, focusing on basic questions relating to the function of investment laws in each country.
Contracts for Sustainable Infrastructure: Ensuring the economic, social and environmental co-benefits of infrastructure investment projects
This report defines sustainable infrastructure, outlines its expected characteristics and co-benefits, and presents why governments must and how they can integrate sustainability into infrastructure contracts.
Latin American and Caribbean (LAC) countries are among the most affected by the investment arbitration system worldwide, representing 28.6 per cent of all known investor–state disputes around the world.
The book examines whether and how the Asian region has or may become a significant rule maker in international investment law and dispute resolution.
This paper examines compensation systems for adjudicators and dispute settlement administrators in investor–state dispute settlement (ISDS).
Large-Scale Land Investments in Least Developed Countries: Legal conflicts between investment and human rights protection
This book analyzes large-scale land investments for agricultural purposes in Africa’s least-developed countries from a law and economics perspective.
The paper seeks to make an important contribution to the international investment debate by highlighting particular desirable characteristics of FDI, outlining how these can be promoted and encouraged, and providing guidance so that national and international efforts in investment law and policy contribute fully to the achievement of these goals.
Integrating Sustainable Development in International Investment Law: Normative incompatibility, system integration and governance implications
This book presents an important systematic study of the issue of sustainable development and international investment law, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development.
This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order.
This book focuses on the Asia–Pacific region, delineating the evolving dynamics of foreign investment in the region.
This paper identifies challenges and opportunities of current agricultural growth poles; outlines the role of laws, policies and institutions; and describes three key stages for the development of a responsible agricultural growth pole.
This work examines the relationship between the institutions that govern foreign investment, sustainable development, and the rules and regulations that administer natural resources.
International Investment Law and Policy in Africa: Exploring a human rights based approach to investment regulation and dispute settlement
This book provides a comprehensive analysis of the international investment law regime and current treaty practices in Africa from global, regional and domestic perspectives.
This book examines the interrelations between human rights and international investment law and discusses whether and how human rights arguments may be presented in the course of arbitral proceedings based on investment treaties.
This policy brief explores how global standards and guidelines contribute to gender equality and women’s empowerment, and whether more can be done through these instruments to improve the situation of women in agriculture.
The World Investment Report (WIR) focuses on trends in foreign direct investment (FDI) and emerging measures to improve its contribution to development.
This report examines whether and how investment tribunals consider community perspectives, interests and rights.
The Independence and Impartiality of ICSID Arbitrators: Current case law, alternative approaches, and improvement suggestions
The author explores how unbiased decision-making is ensured under the ICSID Convention.
This book synthesises and advances the growing literature on international investment law and policy by integrating legal, economic, and political perspectives.
The IIA Issues Note reviews developments in treaty-based investor–state dispute settlement (ISDS) in 2016.
This work critically reviews the substantive principles of international law applied by investment tribunals, and describes the present state of the law created, applied and analyzed by tribunals.
This book analyzes arbitral and treaty practice, and evaluates ways towards a balanced system of investment protection in the financial sector.
This volume explores insights from the fields of trade law, investment arbitration, competition law and commercial arbitration on the use of economics within disputes, providing a comprehensive overview of existing knowledge and practice regarding the use of economics in international economic law.