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.
Latest
You might also be interested in
Investment Capacity Building and Advisory Services
The highly qualified international lawyers of IISD’s Investment Program offer advisory services on international investment treaties and contracts, with respect to investment negotiations, implementation and disputes.
UNCITRAL and Reform of Investment Dispute Settlement
Our participation in the multilateral process at UNCITRAL is aimed at promoting a fair and inclusive system to resolve investment-related disputes.
The Energy Charter Treaty
IISD has been actively engaging with governments, civil society, academia, legal experts, and other stakeholders in how to address the many difficulties posted by the Energy Charter Treaty.
Transparency and the UNCITRAL Arbitration Rules
In 2006 the United Nations Commission on International Trade Law (UNCITRAL) began revising its arbitration rules, which are the second-most commonly used in investor–state arbitration. IISD obtained status in 2006 to observe this process, and has actively participated in every session of the Working Group since.