Resources and Events
Resources
The Law of Investment Treaties
By Jeswald Salacuse, Published by Oxford University Press, July 2015
The book examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Since publication of the first edition, in 2010, this field of law has both experienced growth and generated controversy. The year 2011 saw the highest number of new treaty-based investment arbitration cases to date; in July 2014, Yukos v. Russia culminated with record awards of over US$50 billion. Controversy has primarily revolved around investor–state dispute settlement, thus far involving at least 98 states as respondents. Salacuse captures these developments, examining the significant growth in treaties, the trends that have followed, and their effect on the content and evolution of the law. The new edition includes an additional chapter on the consequences of treaty violations and the determination of damages in investor–state disputes. It also covers all treaties and free trade agreements negotiated since the first edition, and analyzes trends from treaty negotiation. Available at https://global.oup.com/academic/product/the-law-of-investment-treaties-9780198703976
Financing for Agriculture: How to boost opportunities in developing countries
By Marina Ruete, Published by the International Institute for Sustainable Development (IISD), September 2015
The policy brief explores the financial needs of agriculture in developing countries and the instruments available to address these needs. It examines the challenges in financing agricultural investments, the role of different actors, and the options for governments to enhance the legal and policy environment of the financial system to support agricultural development. It argues that a successful story of agriculture finance requires a combination of good laws, a specialized financial sector, and profitable businesses of small and large farmers and companies in the agriculture sector. The government can be proactive and promote or raise awareness of laws and regulations with financial instruments. Furthermore, regulation and programs to attract financing must be realistic with the characteristics of the sector and the viability and rate of return. Finally, financial regulations must go beyond economic development and consider, among others, food security, poverty reduction, and mainstreaming marginalized groups. Available at https://www.iisd.org/publications/financing-agriculture-how-boost-opportunities-developing-countries
Proportionality and Deference in Investor-State Arbitration: Balancing investment protection and regulatory autonomy
By Caroline Henckels, Published by Cambridge University Press, October 2015
The study examines how investment tribunals have balanced the interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power. It proposes a new methodology, combining the proportionality analysis with an institutionally sensitive approach to the standard of review, in order to lead to more consistent and coherent decisions and greater certainty, and to safeguard states’ regulatory autonomy. Available at http://www.cambridge.org/academic/subjects/law/public-international-law/proportionality-and-deference-investor-state-arbitration-balancing-investment-protection-and-regulatory-autonomy
Yearbook on International Investment Law & Policy, 2013–2014
By Andrea K. Bjorklund, Published by Oxford University Press, September 2015
This annual publication provides an overview of recent trends and key issues in international investment law and policy. Topics covered include proportionality, standards of review in investment arbitration, legitimate expectations, investor protection and regulatory freedom, jurisprudential interaction between ICSID tribunals and the International Court of Justice, inconsistency in awards and the role of state interpretation, and state defences. Available at http://ukcatalogue.oup.com/product/9780190265779.do
NAFTA and Sustainable Development: The history, experience, and prospects for reform
By Hoi Kong & Kinvin Wroth (editors), Published by Cambridge University Press, August 2015
This book assesses the current state of environmental protection under the North American Free Trade Agreement (NAFTA) and the North American Agreement on Environmental Cooperation (NAAEC), outlining the scope and process of both agreements, their impact on specific environmental issues, and paths to reform. Available at http://www.cambridge.org/academic/subjects/law/environmental-law/nafta-and-sustainable-development-history-experience-and-prospects-reform
Transparency in International Investment Arbitration: A guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration
By Dimitrij Euler, Markus Gehring, & Maxi Scherer (editors), Published by Cambridge University Press, August 2015
This in-depth commentary analyses each paragraph of the UNCITRAL Transparency Rules, and explains the underlying debate for a broader context. Available at http://www.cambridge.org/academic/subjects/law/arbitration-dispute-resolution-and-mediation/transparency-international-investment-arbitration-guide-uncitral-rules-transparency-treaty-based-investor-state-arbitration
Events 2015–2016
November 10–11, 2015
10TH ANNUAL COLUMBIA INTERNATIONAL INVESTMENT CONFERENCE, Columbia Center on Sustainable Investment (CCSI) & UN Conference on Trade and Development (UNCTAD), New York, NY, United States, http://ccsi.columbia.edu/2015/11/10/10th-annual-columbia-international-investment-conference-investment-treaty-reform-reshaping-economic-governance-in-the-era-of-sustainable-development
November 16–18
9TH ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, IISD, Government of Brazil & South Centre, Rio de Janeiro, Brazil, https://www.iisd.org/investment/dci
November 16–18, 2015
4TH ANNUAL UNITED NATIONS FORUM ON BUSINESS AND HUMAN RIGHTS, Office of the High Commissioner for Human Rights, Palais des Nations, Geneva, Switzerland, http://www.ohchr.org/EN/Issues/Business/Forum/Pages/2015ForumBHR.aspx
November 23–26, 2015
17TH AFRICA OIL, GAS AND MINES TRADE AND FINANCE CONFERENCE AND EXHIBITION: EXTRACTIVE INDUSTRIES AND SUSTAINABLE JOB CREATION, UNCTAD & Government of Sudan, Khartoum, Sudan, http://cubicglobe.com/ogtafrica/en
November 26, 2015
ICSID AT 50: THE EVOLUTION OF INTERNATIONAL INVESTMENT TREATIES AND DISPUTE RESOLUTION, International Centre for Settlement of Investment Disputes (ICSID) & Xi’an Jiaotong University, Xi’a, China, http://event.31huiyi.com/113990510
December 4–5, 2015
THE TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP (TTIP): A EU PERSPECTIVE ON GLOBAL ECONOMIC GOVERNANCE, Europa Institute and the Faculty of Governance & Global Affairs of Leiden University, Leiden, The Netherlands, http://law.leiden.edu/organisation/publiclaw/europainstitute/ttip/ttip/ttip-2015.html
December 11, 2015
32ND JOINT COLLOQUIUM ON INTERNATIONAL ARBITRATION: MODERNIZATION OF ARBITRATION – NEW APPROACHES TO CONTINUING CHALLENGES, ICSID, American Arbitration Association (AAA) International Centre for Dispute Resolution, International Chamber of Commerce (ICC) International Court of Arbitration, Washington, DC, United States, https://webapps.worldbank.org/apps/ICSIDWEB/Documents/32nd%20JointColloquium2015-Agenda.pdf
December 14–15, 2015
GREEN GROWTH AND SUSTAINABLE DEVELOPMENT FORUM 2015 – ENABLING THE NEXT INDUSTRIAL REVOLUTION: SYSTEMS INNOVATION FOR GREEN GROWTH, Organisation for Economic Co-operation and Development (OECD), Paris, France, http://www.oecd.org/greengrowth/ggsd-2015.htm
January 12–15, 2016
TRAINING COURSE ON REFORMING INTERNATIONAL INVESTMENT GOVERNANCE: CHALLENGES AND IMPLICATIONS, UNCTAD & Islamic Development Bank (IDB), Golden Tulip Farah, Casablanca, Morocco, http://unctad.org/en/Pages/MeetingDetails.aspx?meetingid=992