Resources and Events
UNCTAD’s Investment Policy Framework for Sustainable Development (IPFSD)
UNCTAD, June 2012
The United Nations Conference on Trade and Development (UNCTAD) has established a set of principles for investment policymaking, guidelines for national investment policies, and guidance (in the form of options) for the design and negotiation of IIAs—titled the “Investment Policy Framework for Sustainable Development” (IPFSD). The report is divided into chapters on the “New Generation” of investment policies; principles for investment policymaking; national investment policy guidelines; and policy options related to the elements of IIAs. According to UNCTAD, the IPFSD has been designed as a “living document.” An online version establishes an interactive open-source platform that will enable stakeholders to exchange views and experiences in order to stimulate critical assessment of the guidelines and continuously improve them. UNCTAD says the IPFSD “may serve as a reference for policymakers in formulating national investment policies and in negotiating investment agreements or revising existing ones.” It is also intended to support capacity building and facilitate convergence for international cooperation on investment issues.
Available for download here: http://unctad.org/en/PublicationsLibrary/webdiaepcb2012d6_en.pdf
For access to the online, interactive elements of the IPFSD, go to: http://ipfsd.unctad.org/Default.aspx?ReturnUrl=%2f
Background to the New Dispute Vattenfall v. Germany (II)
International Institute for Sustainable Development, June 2012
This policy brief examines a recent dispute between the Swedish energy company Vattenfall and the government of Germany. In May 2012 Vattenfall filed a request for arbitration against Germany at ICSID, in reaction to Germany’s decision to phase out nuclear energy. Vattenfall relies on its rights under the Energy Charter Treaty, an international trade and investment agreement in the energy sector that grants foreign investors the rights and protections similar to those found in bilateral investment treaties, including access to investor-state arbitration. Vattenfall is expected to claim well over €700 million in compensation in response to the closure of the nuclear power plants Krümmel and Brunsbüttel. This policy brief provides background on the conflict, including the first 2009–2011 Vattenfall v. Germany arbitration, and the central elements of international investment law that Vattenfall is likely to call into play. It also offers a comparison with the domestic legal situation by looking into the pending review of the constitutionality of the nuclear phase-out. Finally, the authors recommend elements in the relationship between international investment protection law (including arbitration) and public policy-making. Available for download here: http://www.IISD.org/pdf/2012/german_nuclear_phase_out.pdf
Confronting the Tobacco Epidemic in a New Era of Trade and Investment Liberalization
World Health Organization, June 2012
This paper is intended to expand upon and update the 2001 paper entitled “Confronting the tobacco epidemic in an era of trade liberalization,” which suggested that trade liberalization and foreign direct investment in the tobacco sector may stimulate demand for tobacco products, and also identified a risk that rules in trade agreements governing nontariff barriers to trade (such as regulatory measures) could limit the autonomy of States to implement effective tobacco control measures. This paper provides an update of the links between trade and investment liberalization and tobacco control and outlines two ways in which the tobacco industry has sought to exploit trade and investment agreements. Furthermore, this paper examines the challenges that trade and investment agreements continue to pose for tobacco control at the domestic level and outlines challenges faced by governments in coordinating their public health policies with their trade and investment policies. Available for download here: http://www.who.int/tobacco/publications/industry/trade/confronting_tob_epidemic/en/index.html
Yearbook on International Investment Law & Policy 2010-2011
Oxford University Press, December 2011
With contributions by leading experts in the field, this book monitors current developments in international investment law and policy. Part One focuses on recent trends and issues in foreign direct investment. Part Two addresses developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents. Available for purchase here: http://www.oup.com/us/catalog/general/subject/Law/InvestmentandFinanceLaw/?view=usa&ci=9780199812356
Events
July
18-19
Second Workshop on Contract Negotiation Support for Developing Host Countries, Colombia University, New York, http://www.vcc.columbia.edu/content/second-workshop-contract-negotiation-support-developing-host-countries
September
13-14
Swedish Arbitration Days, The Swedish Arbitration Association, Stockholm, http://swedisharbitration.se/the-swedish-arbitration-days/
3-7
Oil, Gas and Minerals: International Arbitration and Advocacy Skills, Centre for Energy, Petroleum and Mineral Law and Policy, London, London, https://www.buyat.dundee.ac.uk/browse/extra_info.asp?compid=2&modid=2&prodid=146&deptid=3&catid=5
24-28
Natural Resource Mediation, Centre for Energy, Petroleum and Mineral Law and Policy, London, http://www.buyat.dundee.ac.uk/browse/extra_info.asp?compid=2&modid=2&prodid=155&deptid=3&catid=5
October
10-12
Multi-year Expert Meeting on International Cooperation: South–South Cooperation and Regional Integration (fourth session), UNCTAD, Geneva http://unctad.org/en/Pages/MeetingDetails.aspx?meetingid=51
20 October – 7 November
Regional Course on Key Issues on the International Economic Agenda for Western Asia, UNCTAD, Sultanate of Oman, http://unctad.org/en/Pages/MeetingDetails.aspx?meetingid=77
November
2-4
Ninth Annual Seminar on International Commercial Arbitration: How to Handle a BIT Arbitration, American University, Washington College of Law, Washington, http://www.wcl.american.edu/arbitration/seminar.cfm
14-15
Seventh Columbia International Investment, Columbia University, New York, http://www.vcc.columbia.edu/content/seventh-columbia-international-investment-conference