Sustainable Development

Modernizing the Energy Charter Treaty: What about termination?

Negotiations for modernizing the Energy Charter Treaty, a 1994 agreement covering trade, investment and other aspects of the energy sector among its contracting parties, are expected to begin before 2019 draws to a close. Yet given the need identified in myriad other forums to reform ISDS and to ensure trade and investment agreements can support ambitious climate action, why aren’t more officials and commentators discussing the possibility of terminating the ECT entirely, or of reconsidering its survival clause for those parties which choose to withdraw? Tania Voon explores the issue and outlines options going forward.

@taniavoon
@MelbLawSchool

The Revised Draft of a Treaty on Business and Human Rights: Ground-breaking improvements and brighter prospects

This past July, the chairperson of a working group tasked with negotiating an international treaty on business and human rights circulated an updated draft text for consideration in the fifth round of negotiations, to be held October 14–18, 2019 in Geneva. This document features a series of innovations, including extending the scope of the treaty beyond transnational organizations to include all business enterprises, along with bringing much needed clarity on how this treaty might interact with the wide range of trade and investment agreements already in place. Carlos Lopez describes these innovations in detail, showing their changes relative to the “zero draft” and outlining how they may affect upcoming negotiations.

@CarlosLopezGVA
@ICJ_org

Stabilization Clauses in International Investment Law: A sustainable development approach

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.

International Investment Law and Sustainable Development: Key cases from the 2010s

IISD is releasing an e-book summarizing and analyzing 10 treaty-based investor–state arbitration cases decided in the 2010s. The cases are relevant to a range of issues relating to sustainable development, including environmental protection, socio-environmental impact assessment, renewable energy, taxation, corruption and human rights.

The 2018 Draft Dutch Model BIT: A critical assessment

In May 2018, the Dutch Ministry of Foreign Affairs published its new draft model bilateral investment treaty (BIT), in hopes to foster rethinking of existing and future Dutch BITs. Will this revised model achieve this goal, or does it fall short of the promised policy reset?

Towards an Indicative List of FDI Sustainability Characteristics

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.

Reconceptualizing International Investment Law from the Global South

This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order.

Asia’s Changing International Investment Regime: Sustainability, regionalization, and arbitration

This book focuses on the Asia–Pacific region, delineating the evolving dynamics of foreign investment in the region.

The Rise of Agricultural Growth Poles in Africa: Investment in Agriculture Policy Brief #6 

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.

International Natural Resources Law, Investment and Sustainability

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.

News  |  September 26, 2017

EU and Japan reach agreement in principle on EPA; ISDS remains fully open

The European Union and Japan announced on July 6, 2017 that they reached an agreement in principle on the main elements of an Economic Partnership Agreement (EPA).

Awards  |  September 26, 2017

Ecuador awarded USD41 million in counterclaim against U.S. oil and gas company Burlington Resources

Burlington Resources Inc. v. Republic of Ecuador, ICSID Case No. ARB/08/5

Community Perspectives in Investor–State Arbitration

This report examines whether and how investment tribunals consider community perspectives, interests and rights.

News  |  February 29, 2016

Standing tribunal included in European Union–Vietnam FTA 

On December 2, 2015, the European Union and Vietnam signed a free trade agreement (FTA), closing three years of negotiations.

Investment Law within International Law: Integrationist Perspectives

The book examines the links between investment law and other sub-fields of international law, including the law on armed conflict, human rights, sustainable development, trade, development and EU law.