Investment Policy Best Practices Advisory Bulletins
Drawing on public treaty texts and different model investment agreements produced by governments, IISD’s Best Practices Series analyses the evolving scope and nature of investment treaty negotiations, in particular from the developing country and sustainable development perspectives.
These bulletins are based on a review of a vast number of investment treaties and chapters in trade agreements, as well as case law interpreting treaty provisions. The series provides both developing and developed country negotiators with state-of-the-art options and approaches to address the new issues and controversies in investment negotiations. By doing so, IISD hopes to the level the playing field in international investment negotiations and ensure access to the latest thinking and approaches by even the least developed countries with little endogenous capacity.
Some of the key issues where new treaty texts are showing interesting developments directly related to sustainable development are:
- the development of provisions preserving government policy space to protect the environment and the social development objectives of sustainable development;
- provisions defining the scope of rules on expropriation in relation to government regulations;
- statements on the scope of the fair and equitable treatment standard under investment law and its relation to new government measures for environmental protection and social development;
- new provisions on investor responsibilities that have begun to emerge (from complex models to simple statements on compliance with local laws);
- new institutional developments in regional agreements; and
- the scope and functioning of the Investor–State dispute settlement process under international investment agreements.
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
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
Best Practices: Definition of InvestorThis paper looks at the criteria defining the range of protection granted to investors, and particularly at the role the nationality of an investor can play in investor-state arbitration. Read More
Best Practices: Indirect ExpropriationThis paper focuses on the definition of indirect expropriation in international investment law and aims to identify a set of criteria to overcome the existing issue of consistency and foreseeability while helping to provide a clear definition of the concept of indirect expropriation. Read More
Transparency in the Dispute Settlement Process: Country best practicesIn many investor-state arbitrations, it is difficult or impossible even to know that the dispute has been initiated, what the issues and arguments are, and what decisions or awards have been made to resolve the matter. Read More