Resources and Events
Resources
Investment Facilitation: History and the latest developments in the structured discussions
By Sofia Baliño, Martin Dietrich Brauch and Rashmi Jose, published by IISD and CUTS International, January 2020
This negotiating brief was prepared for the Geneva Seminar on the Joint Statement Initiative (JSI) devoted to investment facilitation held on January 28, 2020. The brief outlines the history and developments of investment-related discussions in the World Trade Organization (WTO) context, looking specifically at investment facilitation at the WTO as well as in other forums and contexts. This material has been produced with funding by UK aid from the UK Government. It was produced as part of the TAF2+ Umbrella Grant Project on New WTO Issues, a project of the Trade and Investment Advocacy Fund (TAF2+), and implemented by IISD, in consortium with CUTS, BKP Economic Advisors, and InterAnalysis. Views expressed in the publication are the authors’ own and do not necessarily reflect the UK Government’s official positions or those of TAF2+. Available at http://BIT.ly/ifseminar
Joint D-8 Organization for Economic Cooperation – UNCTAD Guiding Principles for Investment Policymaking
By UNCTAD, published by UNCTAD, January 2020
In January 2020, countries members of the D-8 Organization for Economic Cooperation (Bangladesh, Egypt, Nigeria, Indonesia, Iran, Malaysia, Pakistan, and Turkey) agreed on a set of non-binding Guiding Principles for Investment Policymaking jointly developed with UNCTAD. The principles were developed in line with the recommendations of the UNCTAD–D-8 Expert Meeting on “International Investment Policy Reform for Sustainable Development” held in Istanbul, Turkey in September 2019. They provide guidance for investment policymaking with a view to promoting inclusive economic growth and sustainable development; promoting coherence in national and international investment policymaking; fostering an open, transparent and conducive global policy environment for investment; and aligning investment promotion and facilitation policies with sustainable development goals. Available at https://investmentpolicy.unctad.org/publications/1221/joint-d-8-organization-for-economic-cooperation—unctad-guiding-principles-for-investment-policymaking
The ICSID Convention, Regulations and Rules: A practical commentary
By Julien Fouret, Rémy Gerbay and Gloria M. Alvarez (Eds.), published by Edward Elgar, 2019
This commentary offers a new, forward-looking and highly practical interpretation of the ICSID Convention and its associated documents. It is written by a team of experts from private practice, government and academia in the field of international investment law and arbitration, drawn from different backgrounds and jurisdictions. The book provides systematic article-by-article coverage of the convention itself as well as the institution rules, the ICSID arbitration rules, and the ICSID administrative and financial regulations, including commentary as well as analysis of relevant case law. It also includes analysis of current thinking around proposed amendments to ICSID rules and an examination of future developments in their interpretation and implementation. Available at https://www.e-elgar.com/shop/the-icsid-convention-regulations-and-rules
The Protection of Foreign Investment in Times of Armed Conflict
By Jure Zrilic, published by Oxford University Press, December 2019
This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state’s security interests. The author identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimizing the devastating effects of armed conflict. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts. Available at https://global.oup.com/academic/product/the-protection-of-foreign-investment-in-times-of-armed-conflict-9780198830375
International Governance and the Rule of Law in China under the Belt and Road Initiative
By Yun Zhao (Ed.), published by Cambridge University Press, December 2019
This book examines China’’s role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic manner. It seeks alternative analytical frameworks that take into account legal ideologies and ideals as well as local demand and socio-political circumstances to explain China’s legal interactions with countries along the Road. The work evaluates the changes that the initiative might bring to the field of international law and international governance; explores possible approaches to deal with new legal issues that arise under the initiative in China and countries along the Belt and Road; and examines China’s role in international governance and rule of law under the initiative and discusses how national laws can be reformed to accommodate new demands in the new global and regional order. Available at https://www.cambridge.org/academic/subjects/law/international-trade-law/international-governance-and-rule-law-china-under-belt-and-road-initiative
Foundations of International Economic Law
By David Collins, published by Edward Elgar, 2019
This introductory textbook explores key legal principles and institutions underpinning the global economy. Featuring discussion of the economic rationale and social impact of the various legal regimes, the author explores the four main pillars in international economic law: international trade, international investment, monetary relations, and development. The book offers an overview of the international legal frameworks and organizations that govern the economic relations among and between states and multinational enterprises. The author highlights the leading cases of international tribunals and the most pressing debates, drawing attention to the role of law in balancing the goal of economic liberalization with important public interest values and the tension between sovereignty and commitment to international rules. Available at https://www.e-elgar.com/shop/foundations-of-international-economic-law
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement
By Chiara Giorgetti, published by Brill, September 2019
The first part of the book explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent investment tribunal, the UNCITRAL Working Group III reform process and the ICSID rules amendment proposal. In its second part, the book examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges, including a critical assessment of the reasons and calls for reform of the ISDS regime. Available at https://brill.com/view/title/56250
Performance Requirement Prohibitions in International Investment Law
By Alexandre Genest, published by Brill, September 2019
In exploring the prohibition of performance requirements in investment treaties, the author focuses on answering two questions: first, how do states prohibit performance requirements in investment treaties? And second, how should such prohibitions of performance requirements be interpreted and applied? The author proposes an empirical typology of performance requirement prohibitions in investment treaties and an in-depth analysis of arbitral awards on the subject. He formulates remarks for a more deliberate and informed interpretation and application of existing performance requirement prohibitions. Available at https://brill.com/view/title/54255
Events 2020
March 10–12
6th SOAS ARBITRATION IN AFRICA CONFERENCE, “Legal Culture and Arbitration/ADR in Africa,” hosted by School of Oriental and African Studies (SOAS) University of London, in Douala, Cameroon, https://researcharbitrationafrica.com
March 12–13
23rd ANNUAL IBA ARBITRATION DAY, “Innovation 360: New and novel ideas for the practice of arbitration—critically tested,” International Bar Association (IBA), at Ciragan Palace Kempinski, Istanbul, Turkey, https://www.ibanet.org/Conferences/conf1004.aspx
March 16
6th ANNUAL CONFERENCE ON INVESTMENT TREATIES, “Business Responsibilities and Investment Treaties,” at OECD Conference Centre, in Paris, France, https://www.oecd.org/investment/conference-investment-treaties.htm
March 18
ICSID–ABU DHABI GLOBAL MARKET (ADGM) JOINT CONFERENCE, “Investment Treaty Arbitration in the Middle East,” at Al Maryah Ballroom, The Four Seasons Hotel, Al Maryah Island, Abu Dhabi, United Arab Emirates, https://www.adgmac.com/event/investment-treaty-arbitration-in-the-middle-east
March 30–April 3
39th 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
April 7–9
14th FORUM ON RESPONSIBLE MINERAL SUPPLY CHAINS, at OECD Conference Centre, in Paris, France, http://mneguidelines.oecd.org/forum-responsible-mineral-supply-chains.htm
Dates to be determined
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
June 3–5
2nd ANNUAL CONFERENCE OF THE AFRICAN ARBITRATION ASSOCIATION (AfAA), “Reform and Innovation in International Dispute Resolution: African Perspectives,” at Mövenpick Ambassador Hotel, in Accra, Ghana, https://afaa.ngo/page-18154
June 16–17
2020 OECD GLOBAL FORUM ON RESPONSIBLE BUSINESS CONDUCT, OECD Conference Centre, in Paris, France, https://mneguidelines.oecd.org/global-forum