Investment Treaties as a Risk Allocation Tool
The missing link in the reform agenda
Investment treaties operate as de facto risk allocation instruments—yet unlike other de-risking tools, they are not priced, do not require investor due diligence, and lack other public interest safeguards.
Policy Recommendations
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Assess investment treaties as risk allocation instruments alongside other similar instruments.
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Terminate or revise treaties that duplicate or undermine more effective and accountable risk allocation instruments.
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Incorporate financial impact, distributional, and public interest goals when reforming investment treaties.
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Promote coordination among public de-risking institutions—finance ministries, development banks, and insurers—to streamline efforts, avoid double recovery, and ensure fair, transparent risk sharing.
One largely overlooked function of investment treaties is how they make states shoulder risk from private investments. Yet unlike other de-risking tools—such as political risk insurance or export guarantees—they are not priced, do not require due diligence for investors, and lack other public interest safeguards. This policy brief outlines what policy-makers should do to better align treaties with public interest.
The brief, which is part of the ongoing work on the risk allocation function of investment treaties, calls on policy-makers to reassess the role of investment treaties within the broader investment governance framework. Specifically, we recommend: (1) evaluating investment treaties as one among multiple risk allocation tools, (2) phasing out or reforming those that create redundancy or public liability, (3) integrating fiscal impact and distributional analysis into treaty reform, and (4) improving coordination between institutions managing public investment risk.
Participating experts
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