Senior Director, Economic Law & Policy
Nathalie Bernasconi-Osterwalder, LL.M, is a senior international lawyer and heads the Economic Law & Policy programme of the International Institute on Sustainable Development (IISD).
In this role, she works with developing country governments across Africa, Asia and Latin America in relation to bilateral and regional investment treaty negotiations, investor-state contracts (with a particular focus on mining and agriculture), model investment treaties and foreign investment laws.
Nathalie has extensive legal, policy, and training experience in the area of international trade, investment, sustainable development, human rights, international environmental law and arbitration.
She previously worked as an attorney at the Center for International Environmental Law in Washington and Geneva, where she also managed the office. Earlier, she was a fellow at the International Institute of International Economic Law at Georgetown University Law Center and worked in Hanoi, Vietnam, for a legal reform project of the United Nations Development Programme (UNDP) and for the Australian law firm Phillips Fox. In Switzerland Nathalie is admitted to the Bar of Basel and has worked for the Justice Department, Berne, in the Section for International Law.
She is based in Geneva and is fluent in English, German, and French.
- Protecting Against Investor–State Claims Amidst COVID-19: A call to action for governmentsThis commentary takes stock of emergency measures taken to curb the spread of COVID-19 and provides governments with options for avoiding a surge of investor-state claims challenging those measures.
- Summary Comments to the Proposals for Amendment of the ICSID Arbitration RulesThis commentary focuses on select aspects of the ICSID Secretariat's March 15, 2019 draft proposals for amendment of the ICSID Arbitration Rules.
- Reply to Public Consultation on Canada's International Investment Agreements (FIPAs) The Canadian government launched a public consultation on Canada’s foreign investment promotion and protection agreements (FIPAs) on August 14, 2018. This commentary outlines IISD's reply.
- International Energy Charter Draft Model Investment Dispute Prevention and Management ProtocolIISD legal analysis of the draft Model Investment Dispute Prevention and Management Protocol developed by International Energy Charter Secretariat.
- A Progressive Investment Agenda for Canada: Going beyond nice wordsThe Government of Canada has made the notion of a “progressive and inclusive” trade and investment agenda the linchpin of its trade policy development—but the government will have to go beyond nice words to ensure that investment policy can achieve sustainable development.
- Is “Moonlighting” a Problem? The role of ICJ judges in ISDSSitting judges of the International Court of Justice have worked as arbitrators in at least 90 investor–state dispute settlement cases. This commentary presents new data and examines the implications.
- Response to the United States Trade Representative’s Stated Objectives on NAFTA Negotiations: An environmental perspectiveOn July 17, 2017, the United States Trade Representative (USTR) published its Summary of Objectives for the NAFTA renegotiation. Taking a sustainable development perspective, this response examines the USTR objectives and how they directly or indirectly relate to sustainable growth through international trade and investment.
- Comparative Commentary to Brazil’s Cooperation and Investment Facilitation Agreements (CIFAs) with Mozambique, Angola, Mexico, and MalawiUnlike traditional bilateral investment treaties (BITs), which are geared toward investor protection, Brazil’s Cooperation and Investment Facilitation Agreements (CIFAs—or ACFIs in their Portuguese acronym) focus primarily on cooperation and investment facilitation.
- Public Consultation on Updating the Policy Framework for Investment: Submission by the International Institute for Sustainable DevelopmentThe Organisation for Economic Co-operation and Development (OECD) is updating its Policy...
- Commentary to the Draft Investment Chapter of the Canada-EU Comprehensive Economic and Trade Agreement (CETA)Shortly before the Lisbon Treaty's entry into force, Canada and the EU started negotiating a...