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Best Practices Policy Bulletins

IISD's Best Practices Series analyzes the evolving scope and nature of investment treaty negotiations, drawing on public treaty texts and model agreements from governments.

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. IISD provides these bulletins to help level the playing field in international investment negotiations and ensure access to the latest thinking and approaches.

The series covers a range of different topics related to investment treaties, which can be categorized according to the following three themes:

  • Analysis of specific provisions. Topics include the most-favoured-nation clause, performance requirements, and the state–state dispute settlement clause in investment treaties, as well as compensation for expropriation, the definition of an investor, and indirect expropriation.
  • Research on crosscutting issues related to several provisions. Topics include compensation under investment treaties, security for costs, exhaustion of local remedies in international investment law, registration and approval requirements in investment treaties, and transparency in the dispute settlement process.
  • Reviews of processes or approaches to address such issues, including terminating a bilateral investment treaty.

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