This book examines the ways in which international trade and investment regimes can contribute to or complicate the pursuit of the SDGs.
This book examines the admissibility of shareholder claims under investment treaties and proposes specific admissibility criteria.
Symposium Introduction: Centering voices from the global south on investor-state dispute settlement reform: A debate
By James Thuo Gathii and Olabisi D. Akinkugbe (Afronomics Law)
Flexibility and Innovation in International Economic Law: Enhancing rule of law, inclusivity, and resilience in the time of COVID-19
By Katrin Kuhlmann (Afronomics Law)
Jean Ho (Afronomics Law)
This is a special issue of the European Yearbook on International Economic Law.
Indigenous Peoples and International Trade: Building equitable and inclusive international trade and investment agreements
This book examines the participation of Indigenous Peoples in international trade and investment and the development of law in these areas.
UNCTAD’s Investment Trends Monitor special issue on the impact of the Covid-19 pandemic on global value chains and FDI.
UNCTAD’s Investment Policy Monitor special issue on the investment policy responses to the Covid-19 pandemic.
This book outlines the common protection standards contained in international investment agreements and their application and interpretation by investment tribunals.
This book contributes to the debate on the fragmentation of international law and examines the possible convergence of international trade and investment law, with a focus on dispute settlement.
UNCITRAL Code of Conduct for Adjudicators in Investor–State Dispute Settlement. Draft with annotations.
Webinar topics include the establishment of an advisory centre; multilateral instrument on ISDS reform; treaty parties’ involvement and control mechanisms on treaty interpretation; and mediation.
The Africa Arbitration Academy has just launched its Protocol on Virtual Hearings in Africa.
This book analyzes subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming ISDS from both Chinese and European perspectives.
Global FDI flows in the first half of 2019 were 24 per cent higher than in the first half of 2018.
Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability or remedies.
This book addresses the balance between the host state’s right to regulate and the investor’s right to obtain a FET standard under international investment law.
Central and Eastern Europe (CEE) are the respondents of most investment arbitration cases initiated against EU member states.
In the 1h45min video, Jeswald W. Salacuse, Distinguished Professor and Henry J. Braker Professor of Law at the Fletcher School of Law and Diplomacy at Tufts University, provides a comprehensive study of international investor–state arbitration from historical background and procedures to real-world application and in-depth analysis.
This book focuses on distinctive particularities of judicial acts of states, which are becoming increasingly subjected to international investment claims.
This IIA Issues Note reviews publicly available decisions in ISDS cases, with a focus on cases and issues of relevance for treaty drafting and IIA reform.
The book indicates that the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration, but that international mediation and conciliation are now coming to the fore.
Sustainable development remains a high priority in international politics and commerce. This book explores how the contours and facets of economic, environmental and social sustainability are reflected in the legal norms that govern trade, investment and finance.
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.
This report builds on the broad recognition that corruption—with bribery as a particularly significant manifestation—is a grave threat to sustainable development. It focuses on Canadian legal initiatives against bribery by Canadian businesses investing abroad.
This paper focuses on local procurement policies designed to boost the number of goods and services purchased by mining operations from local stakeholders. It unpacks various objectives that a local procurement policy can help respond to. It also details various types of policy instruments that can be used in the design of local procurement policies and underlines the strengths and weaknesses of each type of measure.
The World Investment Report (WIR) supports policy-makers by monitoring global and regional FDI trends and documenting national and international investment policy developments. The 2019 edition provides an overview of the global landscape concerning Special Economic Zones.
Responsibility of the EU and the Member States under EU International Investment Protection Agreements: Between traditional rules, proceduralisation and federalisation
This book provides a comprehensive portrait of how international responsibility of the EU and EU member states is structured under the EU’s international investment protection agreements. It analyzes both the old regime as represented by the ECT and the new regime as represented by the new EU investment treaties, such as CETA and the agreements with Singapore and Vietnam.
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.
SustainableFDI.org 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.
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.
UNCTAD gave its Investment Policy Hub a facelift to make it more user-friendly.
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.
This book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence.
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.
ISDS continues to be controversial, spurring debate in the investment and development community and among the public at large.
Environmental and social impact assessments (ESIAs), environmental and social management plans (ESMPs), closure and rehabilitation plans, and potential resettlement action plans (RAPs) are essential tools for any process related to the granting of environmental permits or mining authorizations.
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.
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 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.
In order to accommodate inward and outward investment, China’s participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude IIAs.
Principles of Evidence in Public International Law as Applied by Investor–State Tribunals: Burden and Standards of Proof
The book explores the fundamental principles of evidence and how these principles relate to burden of proof and standard of proof.
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.
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.
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.