Resources and Events
Resources
China, the EU and International Investment Law: Reforming investor–state dispute settlement
By Yuwen Li, Tong Qi and Cheng Bian (Eds.), published by Routledge, October 2019
This book analyzes subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming ISDS from both Chinese and European perspectives. Part I examines critical and controversial issues, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–United States BIT. Part II focuses on the institutional reform of investor–state arbitration with an analysis of the EU approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts, the status of state-owned enterprises as investors, transparency and the protection of victims in investment dispute resolution. Available at https://www.routledge.com/China-the-EU-and-International-Investment-Law-Reforming-Investor-State/Li-Qi-Bian/p/book/9780367338466
Global Investment Trend Monitor No. 32
By UNCTAD, published by UNCTAD, October 2019
Global FDI flows in the first half of 2019 were 24 per cent higher than in the first half of 2018. However, the underlying FDI trend (removing the effects of one-off transactions and intra-firm financial flows, including repatriations driven by the 2017 U.S. tax reforms) was up only 4 per cent. Developed economies saw FDI reaching USD 269 billion in 2019H1, almost doubling the anomalously low 2018H1 value. Flows to developing economies, largely unaffected by repatriations, remained relatively stable at an estimated USD 342 billion, a decline of 2 per cent compared to 2018H1. FDI flows to transition economies were up 4 per cent from 2018H1 to an estimated USD 28 billion. Prospects for the full year remain in line with earlier projections of a 5 to 10 per cent increase. Available at https://investmentpolicy.unctad.org/publications/1209/global-investment-trend-monitor-no-32
Contributory Fault and Investor Misconduct in Investment Arbitration
By Martin Jarrett, published by Cambridge University Press, August 2019
Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability or remedies. This book suggests that they are relevant only to liability, meaning that the legal concepts that they activate, contributory fault and illegality, are defences. It identifies three defences: mismanagement, investment reprisal and post-establishment illegality. In detailing their legal content, the author pays special attention to resolving the problems that they raise relating to causation, apportionment of liability, distinguishing these defences from their conceptual cousins and arbitral tribunals’ jurisdiction over pleas based on investor misconduct. The result is a restatement of the rules on contributory fault and investor misconduct applicable in investment arbitrations. Available at https://www.cambridge.org/academic/subjects/law/international-trade-law/contributory-fault-and-investor-misconduct-investment-arbitration
The Right of States to Regulate in International Investment Law
By Yulia Levashova, published by Wolters Kluwer, July 2019
This book addresses the balance between the host state’s right to regulate and the investor’s right to obtain a FET standard under international investment law. Due to the recent ongoing expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. This book seeks to clarify the field by offering an in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Available at https://lrus.wolterskluwer.com/store/product/the-right-of-states-to-regulate-in-international-investment-law
Investment Arbitration in Central and Eastern Europe: Law and practice
By Csongor Nagy (Ed.), published by Edward Elgar, 2019
Central and Eastern Europe (CEE) are the respondents of most investment arbitration cases initiated against EU member states. Taking a systematic country-by-country approach and covering all the CEE jurisdictions, each chapter of this book provides detailed information and insight into the respective jurisdiction, setting out the policy and treaty landscape, the legal status of investor–state arbitration and alternative remedies. This is supplemented by a detailed analysis of the investor–state arbitration decisions in each country. Available at https://www.e-elgar.com/shop/investment-arbitration-in-central-and-eastern-europe
Master Class on International Investor–State Arbitration: What is it? How does it work?
By Jeswald W. Salacuse and the Fletcher School of Law and Diplomacy at Tufts University, published by Harvard Law School Program on Negotiation, 2019
In the 1h45min video, Jeswald W. Salacuse, Distinguished Professor and Henry J. Braker Professor of Law at the Fletcher School of Law and Diplomacy at Tufts University, provides a comprehensive study of international investor–state arbitration from historical background and procedures to real-world application and in-depth analysis. Part One, “The Nature of Investor–State Arbitration,” lays out a conceptual framework by explaining the nature of arbitration, providing appropriate historical background, situating it within the various available methods for resolving international conflicts and highlighting its essential elements. Part Two, “Anatomy of an Investor–State Arbitration: The case of Aguas Argentinas,” examines the ISDS case, which arose from Argentina’s efforts to modernize its water and sewage system. Available at https://www.pon.harvard.edu/shop/master-class-on-international-investor-state-arbitration
Events 2019–2020
December 10–11, 2019
30th MEETING OF THE ENERGY CHARTER CONFERENCE, at Plaza Tirana Hotel, in Tirana, Albania, https://www.eventleaf.com/Attendee/Attendee/EventPage?eId=h96UEMRGAzi%2FPNrFU1%2FVDg%3D%3D
December 12, 2019
SEMINAR “THE BELT AND ROAD INITIATIVE IN AFRICA,” International Chamber of Commerce, in Paris, France, https://2go.iccwbo.org/the-belt-and-road-initiative-in-africa.html
December 12–13, 2019
STRUCTURED DISCUSSIONS ON INVESTMENT FACILITATION FOR DEVELOPMENT: Stocktaking Meeting, World Trade Organization (WTO), in Geneva, Switzerland, http://www.wto.org
January 23–24, 2020
8th ITA–IEL–ICC JOINT CONFERENCE ON INTERNATIONAL ENERGY ARBITRATION, Institute for Transnational Arbitration, Institute for Energy Law of the Center for American and International Law, ICC International Court of Arbitration, in Houston, United States, https://2go.iccwbo.org/ita-iel-icc-joint-conference-on-international-energy-arbitration.html
February 22–28, 2020
SINGAPORE INTERNATIONAL ARBITRATION ACADEMY, Centre for International Law, National University of Singapore, in Singapore, https://cil.nus.edu.sg/event/singapore-international-arbitration-academy-2020-siaa-2020
January 20–24, 2020
39th SESSION OF UNCITRAL WORKING GROUP III, “INVESTOR–STATE DISPUTE SETTLEMENT REFORM,” United Nations Commission on International Trade Law, Vienna, Austria, https://uncitral.un.org/en/working_groups/3/investor-state
February 18–20, 2020
13th ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, IISD and Government of Thailand, in Bangkok, Thailand, https://www.iisd.org/event/13th-annual-forum-developing-country-investment-negotiators
March 30–April 3, 2020
40th SESSION OF UNCITRAL WORKING GROUP III, “INVESTOR–STATE DISPUTE SETTLEMENT REFORM,” United Nations Commission on International Trade Law, New York, United States, https://uncitral.un.org/en/working_groups/3/investor-state