Investment Treaty News (ITN), Volume 9, Issue 2, July 2018
Investment Treaty News (ITN) is IISD’s flagship journal on international investment law and policy.
- The 2018 Draft Dutch Model BIT: A critical assessment, by Bart-Jaap Verbeek and Roeline Knottnerus
- The Case Against Third-Party Funding in Investment Arbitration, by Frank J. Garcia
- Making the Right to Regulate in Investment Law and Policy Work for Development: Reflections from the South African and Brazilian experiences, by Fabio Morosini
- Conflicts between Latin American Countries and Transnational Corporations: The challenges of the region in the face of asymmetrical investment treaties, by Jorge Marchini, Josefina Morales and Gabriela Roffinelli
Summaries and analysis of recent arbitration awards and decisions:
- ICSID tribunal finds Spain in breach of the FET standard under the Energy Charter Treaty (Masdar Solar & Wind Cooperatief U.A. v. The Kingdom of Spain, ICSID Case No. ARB/14/1), by Trishna Menon
- Kosovo’s jurisdictional objections prevail against claims of German investor (ACP Axos Capital GMBH v. Republic of Kosovo, ICSID Case No. ARB/15/22), by Kirrin Hough
- UNCITRAL tribunal declines jurisdiction as France–Mauritius BIT does not apply to dual national investor (Dawood Rawat v. The Republic of Mauritius, PCA Case 2016-20), by Pietro Benedetti Teixeira Webber
- Investor ordered by ICSID tribunal to pay Canadian government CAD 9 million following failed NAFTA claim (Mercer International Inc. v. Government of Canada, ICSID Case No. ARB(AF)/12/3), by Matthew Levine
- Luxembourg fund awarded EUR 53.3 million for FET breach arising out of Spain’s curtailment of renewable energy incentive schemes (Novenergia II - Energy & Environment (SCA) (Grand Duchy of Luxembourg), SICAR v. The Kingdom of Spain, SCC Case No. 063/2015), by Gladwin Issac
Visit www.iisd.org/itn for back issues of ITN, as well as news updates.
You might also be interested in
Investment Treaty News (ITN), Volume 12, Issue 3, October 2021
Investment Treaty News (ITN) is IISD's flagship journal on international investment law and policy.
Leveraging Trade to Support Climate Adaptation in Developing Countries
This paper aims to support trade negotiators in leveraging trade for climate change adaptation and to explore the critical role National Adaptation Plan (NAP) processes can play in this regard.
Energy lawsuits pact seen threatening Paris climate deal
Fear of multi-billion-euro lawsuits from fossil fuel investors is putting the Paris agreement on climate change at risk, one of the deal's architects has warned.
Romania plans coal power exit by 2032
The Romanian government has confirmed it will shut down all of its coal power plants by 2032, with the lion’s share to go by 2025, as campaigners warn that investors in dozens of Europe’s coal plants enjoy protection under the controversial Energy Charter Treaty.