Investment Capacity Building and Advisory Services
As the international investment regime evolves into an increasingly complex web of investment treaties and host government contracts, IISD helps enable developing countries to obtain a full understanding of the implications of these legal instruments and to level the playing field in investment negotiations and disputes.
To help achieve this goal, IISD’s highly qualified international lawyers offer advisory services on investment treaties and contracts with respect to investment negotiations, implementation and disputes. This includes bilateral and regional investment treaties and chapters in broader agreements.
IISD also conducts workshops and training courses for negotiators of investment treaties and contracts as well as policy-makers and government officials involved in international investment issues. This capacity-building work includes the Annual Forum of Developing Country Investment Negotiators.
To learn more about IISD advisory services, please reach out to our team at [email protected] for a rapid response from one of our lawyers. To learn more about additional and longer-term support to developing countries, IISD suggests that governments request support through the Trade Advocacy Fund (TAF2+). To learn more about their process and to apply to funding, feel free to contact us for assistance.
Since beginning our advisory services work, we have collaborated with various countries, providing demand-driven support. The countries we have worked in include:
Angola, Argentina, Bangladesh, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, China, Colombia, Costa Rica, Côte d'Ivoire, Congo DRC, Ecuador, Egypt, Ethiopia, Gabon, Ghana, Honduras, Hungary, India, Indonesia, Kenya, Lao PDR, Madagascar, Malawi, Mali, Marshall Islands, Mauritania, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Niger, Nigeria, Pakistan, Paraguay, Peru, Philippines, Rwanda, Sao Tomé and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Sri Lanka, Tanzania, Thailand, Togo, Tunisia, Uganda, Vietnam, and Zambia.
We have also provided adivsory services to various regional country groupings, institutions, and processes. These include:
The African Continental Free Trade Agreement (AfCFTA) process, the African Union (AU), the Association of Southeast Asian Nations (ASEAN), the Caribbean Community (CARICOM), the Economic Community of Central African States (CEEAC/ECCAS), the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC), the East African Legislative Assembly (EALA), the Economic Community of West African States (ECOWAS), various African parliamentary groups, the Southern African Development Community (SADC), the West African Economic and Monetary Union (UEMOA), the United Nations Economic Commission for Africa (UNECA), and the Union of South American Nations (UNASUR).
The map below shows the countries where we have provided in-country support over the past two years (2017-2019).
Assessing the Impacts of Investment Treaties: Overview of the evidenceInvestment treaties grant powerful legal rights to foreign investors. Foreign investors’ ability to frame plausible multimillion-dollar claims against a wide range of host government actions—and the fact that these claims are adjudicated through a system of private arbitration—has made investment treaties controversial. This scoping study seeks to provide an overview and assessment of existing evidence of investment treaties’ impacts. Read More
Investment Treaty News Quarterly (ITN), Volume 8, Issue 3, September 2017Investment Treaty News (ITN) is IISD’s flagship quarterly journal on international investment law and policy. Read More
Investment Treaty News Quarterly (ITN), Volume 8, Issue 2, June 2017Investment Treaty News is IISD’s flagship quarterly journal on international investment law and policy. Read More
Investment Treaty News Quarterly (ITN), Volume 8, Issue 1, March 2017Investment Treaty News is IISD’s flagship quarterly journal on international investment law and policy. Read More
IISD Best Practices Series: The Most-Favoured-Nation Clause in Investment TreatiesThis IISD Best Practices paper studies the most-favoured-nation (MFN) clause in investment treaties and its interpretation by arbitral tribunals, drawing lessons for states. Read More
IISD Best Practices Series: Exhaustion of Local Remedies in International Investment LawPart of IISD’s Best Practices Series, this advisory bulletin reviews state-of-the-art options and approaches to the exhaustion of local remedies requirement in international investment law. Read More
IISD Best Practices Series: Performance Requirements in Investment TreatiesThis paper surveys the types of performance requirements (PRs) in use around the world, and briefly describes the WTO’s Agreement on Trade-Related Investment Measures (TRIMs). Read More
IISD Best Practices Series: State-State Dispute Settlement Clause in Investment TreatiesThis paper looks at state–state dispute settlement provisions in international investment agreements, examining the different mechanisms used to settle investment disputes, including judicial, quasi-judicial and arbitration procedures. Read More
IISD Best Practices: Compensation for ExpropriationThis paper analyzes the principles governing compensation for expropriation, as well as the primary methods of calculating the amount. Read More
IISD Best Practices Series: Registration and Approval Requirements in Investment TreatiesThis paper analyzes registration and approval requirements for investments in investment treaties, and examines the interpretation of such provisions by arbitral tribunals. Read More