Investment Law & Policy
IISD engages with governments, international institutions, civil society, and academia to reform the governance of international investment and make it a driver for sustainable development.
Sustainable development is an investment issue. International investment is crucial for tackling climate change, alleviating poverty, creating fair jobs and opportunities, and protecting the environment. Investment holds the key to a more fair and sustainable world economy.
IISD's global team of investment experts collaborates with governments, international institutions, academics, civil society, and media—developing and advancing legal and policy solutions that ensure foreign investment drives people- and planet-friendly development.
We examine how to improve the institutions, rules, and practices that govern international investment flows and publish independent and thought-provoking research. IISD' flagship journal, Investment Treaty News, is a must-read for every investment policy-maker, bringing new analysis and ideas to a global readership.
Workshops and advisory services
On a practical level, we work with decision-makers on every continent across multilateral, regional, national, and local levels, proposing alternatives to some of the most burning issues facing decision-makers in the investment space.
We provide workshops, training, and advisory services to government officials and civil society actors from developing countries from Africa and Asia to Latin America and the Caribbean.
Investment Policy Forum: Driving bottom-up reform
Every year, IISD hosts the Investment Policy Forum—a unique event that brings together investment policy-makers from developing countries across the world to strategize, share knowledge and experiences, and brainstorm new ideas on the reform of international investment governance.
Tackling investor-state dispute settlements
One of the core missions of IISD's Investment team is to drive reform of the opaque and outdated investor–state dispute settlement (ISDS) system under investment treaties and map out a modern global investment governance that provides robust protection of local and indigenous communities, climate laws and policies, and the environment.
We partner up with media to inform the global conversation on investment reform, including leading news outlets, such as Financial Times, the Guardian, Forbes, and Reuters, leading media in the legal and investment space, such as Law360 and FDI Intelligence, and regional agenda-setters, such as African Arguments and Afrik21.
Engaging in international reform processes
To this end, we are a member of the Task Force for the Agreement Establishing the African Continental Free Trade Area (AfCFTA) Investment Protocol and the United Nations Conference on International Trade Law process for ISDS reform (the so-called UNCITRAL Working Group III). We also play an instrumental role in the work to remove one of the key remaining obstacles to Europe's green energy transition, the Energy Charter Treaty, and advancing sustainable energy investment in its place.
In addition, IISD's Investment team engages in the Organization for Economic Co-operation and Development (OECD)'s work program on the Future of Investment Treaties and is a member of the United Nations Conference on Trade and Development Multi-Stakeholder Platform on International Investment Agreement Reform as well as the World Investment for Development Alliance, a global platform dedicated to promoting investment for sustainable development.
Flagship initiatives
Investment Policy Forum
IISD's Investment Policy Forum is the world's only platform for investment negotiators from developing countries and a driving force for global sustainable investment reform.
Investment Treaty News
Investment Treaty News is IISD's long-running flagship journal, offering our global readership the latest news, analysis, and ideas on how international investment impacts sustainable development.
Rethinking International Investment Governance
Dissecting the key issues with the current regime and leads the way toward fair, inclusive, and sustainable international investment governance.
What we do
Webinars on Investment Law and Policy
IISD's webinars provide key information, cutting analysis, and lively discussions on the latest developments in international law and policy.
Creating Sustainable Reform
IISD works with governments, international institutions, academics, and civil society to propose and support reform in international investment treaties, laws and policies. We are leading the way on global investor-state dispute settlement reform.
Advisory Services, Technical Support, and Workshops
IISD's international lawyers and policy experts provide training courses, workshops, and a range of advisory services for developing economy officials—covering investment treaties, laws and contracts, negotiations, and dispute prevention and management.
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.
In the News
Brussels push to ban ECT disputes gains traction
Two arbitration victories for Spain under the Energy Charter Treaty (ECT) have sparked hopes that efforts to halt the intra-EU disputes that dominate claims under the controversial global pact are starting to bear fruit. Climate scholars, like IISD's Lukas Schaugg, believe the tribunal wins this month signal growing acceptance in international legal circles that EU investors cannot bring ECT claims against other member state governments.
Beyond the Energy Charter Treaty: job half done?
Prominent signatories are disentangling themselves from the ECT, but there is lots more work to be done.
Mexico Phosphate Case Shines Light on 3rd-Party Funding
A U.S. deep ocean exploration company's announcement last month that most, if not all, of a $37 million award it won against Mexico would go toward satisfying its obligations to its third-party funder has helped to fuel questions about whether such funding arrangements belong in investor-state arbitration.
Geopolitical risks sparking race for natural resources
Countries within Asia, Latin America, among others, should strengthen their investment policies as ongoing geopolitical risks are resulting in a "fierce" competition in the area of trade and access to natural resources such as nickel and lithium deposits, which play a crucial role in energy transition, according to IISD.
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Experts
Nathalie Bernasconi-Osterwalder
Vice-President, Global Strategies and Managing Director, Europe
Suzy H. Nikièma
Director, Investment
Josef Ostřanský
Policy Advisor
Nyaguthii Maina
Associate
Lukas Schaugg
Policy Advisor
Florencia Sarmiento
Policy Advisor
Abas Kinda
Associate
Elka Parveva-Kern
Senior Project Manager, Economic Law and Policy/Project Management Office
Isaak Bowers
Communications Officer
Yelena Bugakova
Project Manager
Aanuoluwa Ogundipe
Communications Assistant
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