This book explores issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law.
This book examines the interaction between the minimum standard of treatment (MST) and the FET standard and the question of why states started referring to the former in their BITs.
Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims.
This book provides an overview of the evolution of civil society’s participation as amicus curiae before investment tribunals, an evolution that fits within a broader movement towards transparency in investment treaty arbitration.
This paper reviews alleged societal benefits and costs of international investment agreements (IIAs).
This book serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration’s essence.
This report compares the investment laws of the 10 Association of Southeast Asian Nations (ASEAN) member states, focusing on basic questions relating to the function of investment laws in each country.
This report defines sustainable infrastructure, outlines its expected characteristics and co-benefits, and presents why governments must and how they can integrate sustainability into infrastructure contracts.
Latin American and Caribbean (LAC) countries are among the most affected by the investment arbitration system worldwide, representing 28.6 per cent of all known investor–state disputes around the world.
The book examines whether and how the Asian region has or may become a significant rule maker in international investment law and dispute resolution.
This paper examines compensation systems for adjudicators and dispute settlement administrators in investor–state dispute settlement (ISDS).
This book analyzes large-scale land investments for agricultural purposes in Africa’s least-developed countries from a law and economics perspective.
The paper seeks to make an important contribution to the international investment debate by highlighting particular desirable characteristics of FDI, outlining how these can be promoted and encouraged, and providing guidance so that national and international efforts in investment law and policy contribute fully to the achievement of these goals.
This book presents an important systematic study of the issue of sustainable development and international investment law, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development.
This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order.
This book focuses on the Asia–Pacific region, delineating the evolving dynamics of foreign investment in the region.
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This book provides a comprehensive analysis of the international investment law regime and current treaty practices in Africa from global, regional and domestic perspectives.
This book examines the interrelations between human rights and international investment law and discusses whether and how human rights arguments may be presented in the course of arbitral proceedings based on investment treaties.
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The World Investment Report (WIR) focuses on trends in foreign direct investment (FDI) and emerging measures to improve its contribution to development.
This report examines whether and how investment tribunals consider community perspectives, interests and rights.
The author explores how unbiased decision-making is ensured under the ICSID Convention.
This book synthesises and advances the growing literature on international investment law and policy by integrating legal, economic, and political perspectives.
The IIA Issues Note reviews developments in treaty-based investor–state dispute settlement (ISDS) in 2016.
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This book analyzes arbitral and treaty practice, and evaluates ways towards a balanced system of investment protection in the financial sector.
This volume explores insights from the fields of trade law, investment arbitration, competition law and commercial arbitration on the use of economics within disputes, providing a comprehensive overview of existing knowledge and practice regarding the use of economics in international economic law.
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The book examines the practice of treaty shopping—the strategic change of nationality or the strategic invocation of another nationality with the aim of accessing another investment treaty for purposes of investment arbitration—to investigate the challenges this practice poses in investment arbitration.
Part of IISD’s Best Practices Series, this study conducts a typology of investment treaties and then an analysis of the differing interpretations by the tribunals of several key issues
This advisory bulletin, part of IISD’s Best Practices Series, reviews state-of-the-art approaches and policy options for ELR in international investment law, based on lessons learned from customary international law, international human rights law, and investment treaty practice and jurisprudence.
This report analyzes the gender-related content of five major global agricultural sustainability standards and five principles for responsible investment in agriculture.
The guidance document presents a step-by-step process for governments to develop, implement and monitor an effective artisanal and small-scale mining (ASM) management strategy.
The book analyzes jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors.
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Sorry, this entry is only available in Français and Español.
Sorry, this entry is only available in Français and Español.
The book offers an appraisal of indirect expropriation, revisiting the police power doctrine. Through the lens of international investment law, the author explores a framework that assesses the legitimate exercise of police power with particular attention to the special nature of water resources.
This book examines the role of this specific international treaty on investment and situates it in the wider global trend towards the regionalisation of laws and policy on foreign investment.
The book analyzes performance requirements and investment incentives as vital tools of economic policy.
RESOURCES
Judging the State in International Trade and Investment Law by Leïla Choukroune (Ed.), Published by Springer, November 2016.
Interpretation of International Investment Treaties by Tarcisio Gazzini, Published by Hart Publishing, November 2016.
Mining a Mirage? Reassessing the shared-value paradigm in light of the technological advances in the mining sector by Aaron Cosbey, Howard Mann, Nicolas Maennling, Perrine Toledano, Jeff Geipel & Martin Dietrich Brauch, Published by IISD, October 2016.
Investment-Related Dispute Settlement: Towards an inclusive multilateral approach by IISD Investment and Sustainable Development Program, Published by IISD, October 2016.
Ending Hunger: What would it cost? by David Laborde, Livia Bizikova, Tess Lallemant & Carin Smaller, Published by IISD, October 2016.
EVENTS 2016–2017
November 28–December 9, 2016
2016 INTERNATIONAL INVESTMENT TREATIES AND INVESTOR–STATE ARBITRATION, International Law Institute, Washington, DC, United States,
December 7–9, 2016
INTRODUCTION TO MEDIATION, Association for International Arbitration, Brussels, Belgium.
December 9, 2016
33rd AAA–ICC–ICSID Joint Colloquium on International Arbitration, ICC, American Arbitration Association (AAA) & International Centre for Settlement of Investment Disputes (ICSID), Paris, France.
ROUNDTABLE ON CORPORATE LIABILITY FOR FOREIGN BRIBERY, Organisation for Economic Co-operation and Development (OECD), Paris, France,
January 12–13, 2017
4th ITA–IEL–ICC JOINT CONFERENCE ON INTERNATIONAL ENERGY ARBITRATION, ICC, Institute for Transnational Arbitration (ITA) & Institute for Energy Law (IEL), Houston, Texas.
January 17–20, 2017
WORLD ECONOMIC FORUM ANNUAL MEETING, Davos-Klosters, Switzerland.
The book analyzes the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign states.
Fundamental questions dealt with in this study include: Are investment treaties a special category of treaty for the purpose of interpretation?
This report, co-produced with the Columbia Center on Sustainable Investment, looks to the near and medium terms, exploring what will happen to the local employment and procurement components of the shared-value paradigm—and, by extension, to the mining companies’ social licence to operate—if technological change radically alters the amount of money mining firms are spending on hiring and procurement.
Building on the results of the 2014 meeting and recent developments in international practice regarding investment-related dispute settlement, IISD prepared a preliminary draft outline of an Agreement Creating an International Dispute Settlement Agency for Transboundary and Other Investments, which was the main subject of the discussions at the second expert meeting in Montreux held from May 23 to 24, 2016.
The analysis focuses on the cost of ending hunger through increased spending on social safety nets directly targeting consumers, farm support to expand production and increase poor farmers’ income, and rural development that reduces inefficiencies along the value chain and enhances rural productivity.
RESOURCES
Policy Brief #4: Investment in Agriculture, “Investing in Land for Water: The converging legal regimes” by Makane Moïse Mbengue, Susanna Waltman & Laura Turley, Published by IISD, July 2016.
Establishing Judicial Authority in International Economic Law by Joanna Jemielniak, Laura Nielsen & Henrik Palmer Olsen (Eds.), Published by Cambridge University Press, July 2016.
IIA Mapping Project by United Nations Conference on Trade and Development (UNCTAD), Published by UNCTAD, July 2016.
World Investment Report 2016, “Investor Nationality: Policy Challenges” by UNCTAD, Published by UNCTAD, June 2016.
IIA Issues Note, “Investor–State Dispute Settlement: Review of Developments in 2015” by UNCTAD, Published by UNCTAD, June 2016.
Foreign Investor Protections in the Trans-Pacific Partnership by Gus Van Harten, Published by Canadian Centre for Policy Alternatives (CCPA), June 2016.
Can the Mauritius Convention Serve as a Model for the Reform of Investor–State Arbitration in Connection with the Introduction of a Permanent Investment Tribunal or an Appeal Mechanism? Analysis and Roadmap by Gabrielle Kaufmann-Kohler & Michele Potestà, Published by Geneva Center for International Dispute Settlement (CIDS), June 2016.
Signing Away Sovereignty: How Investment Agreements Threaten Regulation of the Mining Industry in the Philippines by Cecilia Olivet, Jaybee Garganera, Farah Sevilla & Joseph Purugganan, Published by Transnational Institute (TNI), May 2016.
EVENTS 2016
September 7
SEMINAR, “DO ARBITRATORS TEND TO STRETCH THEIR JURISDICTION IN INVESTMENT ARBITRATION? A DEBATE BASED ON YUKOS AWARDS,” Arbitration Institute of the Stockholm Chamber of Commerce (SCC), Stockholm, Sweden,
September 18–23
IBA ANNUAL CONFERENCE 2016, International Bar Association, Washington, D.C., United States
September 19–22
MASTER CLASS ON INVESTMENT ARBITRATION, Association for International Arbitration (AIA) & Brussels Diplomatic Academy (Vrije Universiteit Brussel), Brussels, Belgium,
September 27–28
ICSID COURSE, “NAVIGATING AN ICSID ARBITRATION FROM START TO FINISH,” & ICSID–CRCICA JOINT CONFERENCE, “KEY ISSUES IN INTERNATIONAL INVESTMENT ARBITRATION,” International Centre for Settlement of Investment Disputes (ICSID) & Cairo Regional Centre for International Commercial Arbitration (CRCICA), Cairo, Egypt,
October 24–28
INTERGOVERNMENTAL FORUM ON MINING, MINERALS, METALS AND SUSTAINABLE DEVELOPMENT (IGF) ANNUAL GENERAL MEETING (AGM) 2016, “THE SUSTAINABLE DEVELOPMENT GOALS (SDGS) AND MINING,” IGF & IISD, Geneva, Switzerland,
November 2–3
11TH ANNUAL COLUMBIA INTERNATIONAL INVESTMENT CONFERENCE, “CLIMATE CHANGE AND SUSTAINABLE INVESTMENT IN NATURAL RESOURCES: FROM CONSENSUS TO ACTION,” Columbia Center on Sustainable Investment (CCSI), New York, United States.
November 2–8
SINGAPORE INTERNATIONAL ARBITRATION ACADEMY (SIAA) 2016, “THE INVESTMENT TREATY WORLD IS CHANGING…,” National University of Singapore’s Centre for International Law (CIL), Singapore.
November 7–9
TENTH ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, IISD, South Centre, Commonwealth Secretariat, & Government of Sri Lanka, Colombo, Sri Lanka.
November 10
SUSTAINABLE DEVELOPMENT AND INTERNATIONAL ARBITRATION, Association for International Arbitration (AIA) Italy, International Chamber of Commerce (ICC) Italy & Vrije Universiteit Brussel, Brussels, Belgium.
November 21
BRIDGING THE CLIMATE CHANGE POLICY GAP: THE ROLE OF INTERNATIONAL LAW AND ARBITRATION, SCC, IBA, ICC and Permanent Court of Arbitration (PCA), Stockholm, Sweden.
By Makane Moïse Mbengue, Susanna Waltman & Laura Turley, Published by IISD, July 2016 Investment in farmland is motivated in large part by access to water resources, but water-related impacts […]