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.
Drawing on case law, international law principles and comparative analysis, this book addresses when and how investment tribunals should engage with domestic law.
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.
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.
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.
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,
IBA ANNUAL CONFERENCE 2016, International Bar Association, Washington, D.C., United States
MASTER CLASS ON INVESTMENT ARBITRATION, Association for International Arbitration (AIA) & Brussels Diplomatic Academy (Vrije Universiteit Brussel), Brussels, Belgium,
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,
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,
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.
SINGAPORE INTERNATIONAL ARBITRATION ACADEMY (SIAA) 2016, “THE INVESTMENT TREATY WORLD IS CHANGING…,” National University of Singapore’s Centre for International Law (CIL), Singapore.
TENTH ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, IISD, South Centre, Commonwealth Secretariat, & Government of Sri Lanka, Colombo, Sri Lanka.
SUSTAINABLE DEVELOPMENT AND INTERNATIONAL ARBITRATION, Association for International Arbitration (AIA) Italy, International Chamber of Commerce (ICC) Italy & Vrije Universiteit Brussel, Brussels, Belgium.
BRIDGING THE CLIMATE CHANGE POLICY GAP: THE ROLE OF INTERNATIONAL LAW AND ARBITRATION, SCC, IBA, ICC and Permanent Court of Arbitration (PCA), Stockholm, Sweden.