Resources and Events
Resources
Transforming Agriculture in Africa & Asia: What are the policy priorities?
By Kieran McDougal and Carin Smaller, published by IISD and International Food Policy Research Institute (IFPRI), October 2018
This report uses a first-of-its kind analytical framework that tracks the performance of 117 countries over 45 years to understand which policies have succeeded or failed. It concludes that agricultural transformation takes off when countries remove price policies that penalize agriculture. It also finds that public investment in research, extension services, electricity and irrigation are important, but the quality of those services can matter more than the quantity. Another conclusion is that land reforms, research institutions and improving access to credit are also critical, but ultimately no country succeeds without a combination of policies and public investments that complement each other. The key finding of the report is that successfully eradicating poverty through agriculture depends on whether a country has enough agricultural land, how fertile it is, and the demographic pressures. Available at https://www.iisd.org/library/transforming-agriculture-africa-asia-what-are-policy-priorities
Designing Local Content Policies in Mineral-Rich Countries
By Isabelle Ramdoo, published by IISD, October 2018
This report provides clarity on key characteristics and challenges of local content policies. It does not attempt to propose one definition of local content. It is meant to provide a better understanding of the various types of instruments used, as currently contained in existing legal and institutional frameworks and based on country-specific experiences. The purpose is to highlight the prerequisites necessary to inform a decision whether or not to design local content policies and to guide readers to what types of policies could best be adopted, given the specific policy environment in place in their respective countries. Available at https://www.iisd.org/library/designing-local-content-policies-mineral-rich-countries
The Formation and Identification of Rules of Customary International Law in International Investment Law
By Patrick Dumberry, published by Cambridge University Press, December 2018
This book provides a comprehensive analysis of the phenomenon of customary international law in the field of international investment law. It analyzes two questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of state practice that should be considered as relevant evidence for the formation of customary rules and the extent to which they are different from those existing under general international law. It also analyzes the concept of opinio juris in investment arbitration. Available at https://www.cambridge.org/academic/subjects/law/arbitration-dispute-resolution-and-mediation/formation-and-identification-rules-customary-international-law-international-investment-law
Stabilization Clauses in International Investment Law: A sustainable development approach
By Jola Gjuzi, published by Springer, 2018
This book analyzes the tension between the host state’s commitment to providing regulatory stability for foreign investors and its commitments to its citizens with regard to environmental protection and social welfare. It argues that the antinomy between stabilization clauses and regulatory power contradicts the content and rationale of sustainable development. To reconcile this antinomy at the decision-making and dispute settlement levels, it employs a “constructive sustainable development approach,” relying on principles of law such as non-discrimination, public purpose, due process, proportionality, good governance and rule of law. It re-conceptualizes stabilization clauses in terms of design (ex-ante) and interpretation (ex-post), yielding stability for foreign investors while mitigating negative effects on the host state’s power to regulate. Available at https://www.springer.com/gp/book/9783319972312
State Responsibility for Breaches of Investment Contracts
By Jean Ho, published by Cambridge University Press, December 2018
This work seeks to address the need for a detailed study that investigates and analyzes the sources, the content, the characteristics and the evolution of the law of state responsibility for breaches of investment contracts. It argues that this law has carved a unique and distinct trajectory from the traditional route for the creation of international law, developing principally from arbitral awards and mimicking, to a considerable extent, the general international law on the protection of aliens and alien property. Available at https://www.cambridge.org/academic/subjects/law/international-trade-law/state-responsibility-breaches-investment-contracts
International Governance and the Rule of Law in China under the Belt and Road Initiative
By Yun Zhao (Ed.), published by Cambridge University Press, November 2018
This volume examines China’s role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic perspective. It seeks alternative analytical frameworks that take into account legal ideologies and legal ideals as well as local demand and socio-political circumstances. It critically evaluates the changes the Belt and Road Initiative might bring to the field of international law and international governance and explores possible approaches to dealing with resulting legal issues. Available at https://www.cambridge.org/academic/subjects/law/international-trade-law/international-governance-and-rule-law-china-under-belt-and-road-initiative
International Challenges in Investment Arbitration
By Mesut Akbaba and Giancarlo Capurro (Eds.), published by Routledge, September 2018
Investment arbitration is heavily relied upon around the globe and has to cope with the demands of increasingly complex proceedings. At the same time, it has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes, presenting an abundance of challenges in its interpretation and application. This book collects recently debated issues in investment law and deals with the underlying fundamental questions at the intersection of investment arbitration and international law. Available at https://www.routledge.com/International-Challenges-in-Investment-Arbitration/Akbaba-Capurro/p/book/9781138298729
Events 2019
January 24–25
6th ITA-IEL-ICC Joint Conference on International Energy Arbitration, Institute for Transnational Arbitration (ITA), Institute for Energy Law (IEL) of the Center for American and International Law & the ICC International Court of Arbitration, in Houston, TX, United States, https://iccwbo.org/event/6th-ita-iel-icc-joint-conference-international-energy-arbitration
February 13–14
2nd UNCITRAL WORKING GROUP III INTER-SESSIONAL REGIONAL MEETING ON ISDS REFORM, in Santo Domingo, Dominican Republic, https://uncitral.un.org/en/working_groups/3/investor-state
February 27–March 1
12th ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, IISD, South Centre and Government of Colombia, in Cartagena, Colombia, https://www.iisd.org/event/12th-annual-forum-developing-country-investment-negotiators
March 8–9
RESEARCH FORUM ON ADVANCES IN COMPARATIVE & TRANSNATIONAL ADR: RESEARCH INTO PRACTICE, Law Faculty at the University of Hong Kong, in Hong Kong, China, https://adrinasia.wordpress.com/2018/11/15/call-for-papers-advances-in-comparative-transnational-adr-research-into-practice
April 1–5
37th SESSION OF UNCITRAL WORKING GROUP III, Investor–State Dispute Settlement Reform, UNCITRAL, New York, NY, United States, https://uncitral.un.org/en/working_groups/3/investor-state