Investment Policy Best Practices Advisory Bulletins
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 level the playing field in international investment negotiations and ensure access to the latest thinking and approaches.
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
- The scope and functioning of the investor–state dispute settlement process under international investment agreements.
Compensation Under Investment Treaties: What are the problems and what can be done?
In this brief, the authors explore the subject of compensation under investment treaties, as well as options for reform, drawing from their analysis in a related longer paper.
IISD Best Practices Series: Compensation Under Investment Treaties
This paper from IISD's Best Practices series takes a deep dive into the legal principles, arbitral jurisprudence, and lessons learned from how compensation is treated in investor–state arbitration, while presenting possible options for reform.
IISD Best Practices Series: Terminating a Bilateral Investment Treaty
This paper examines recent state practice in bilateral investment treaty (BIT) terminations and related drafting, along with presenting options for states interested in addressing their stock of older BITs through termination and renegotiation.
IISD Best Practices Series: Security for Costs
This IISD Best Practices paper explores challenges for states in obtaining orders for security of costs and provides model treaty language designed to help overcome those challenges.
IISD Best Practices Series: The Most-Favoured-Nation Clause in Investment Treaties
This IISD Best Practices paper studies the most-favoured-nation (MFN) clause in investment treaties and its interpretation by arbitral tribunals, drawing lessons for states.
IISD Best Practices Series: Exhaustion of Local Remedies in International Investment Law
Part 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.
IISD Best Practices Series: Performance Requirements in Investment Treaties
This 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).
IISD Best Practices Series: State-State Dispute Settlement Clause in Investment Treaties
This 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.
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