This book discusses how international judicial authority is established and managed in key fields of international economic law: trade law, investor–state arbitration and international commercial arbitration.
Individual treaties are mapped by law students from over 25 participating universities worldwide, under the supervision of their professors and with the overall guidance and coordination of UNCTAD.
The report presents a Global Action Menu for Investment Facilitation to further enhance the enabling environment for investment in sustainable development.
The issues note reviews developments in ISDS in 2015.
This study examines the special privileges, enforced through ISDS, which would be given to foreign investors under the TPP.
The paper proposes a possible roadmap that could be followed if states were to decide to pursue a reform initiative of the existing investor–state arbitration regime in international investment agreements (IIAs), based on three main blocks: the design of an International Tribunal for Investments (ITI), the design of an Appeal Mechanism (AM) for investor–state arbitral awards and the establishment of an opt-in multilateral convention to extend those new dispute resolution options to states’ existing IIAs.
This briefing argues that the country’s ability to properly regulate or close polluting mines will be severely constrained by a network of investment treaties the Philippines has signed, which provide excessive protection for foreign investors.
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The European Commission claims that its new investment proposal—the Investment Court System (ICS)—will protect governments’ abilities to regulate on crucial matters such as public health and environmental protection.
This book discusses the forces that are reshaping the international investment law.
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Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them.
The author argues that Canada should reject the agreement and use it as a jumping-off point to lead a new global dialogue on the right directions for trade agreements. The commentary also focuses on how trade agreements should and can be instruments to support, rather than impede, achieving the globally adopted Sustainable Development Goals.
By Yuan Wang, Simon Zadek, Kelly Yu, Mark Halle, Samuel Ortiz Velasquez, Lin Zhang, Hanjie Wang, Published by IISD, February 2016 Outward direct investment (ODI) by the People’s Republic of […]
It analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state’s duty to regulate in the public interest.
This report synthesizes some of the key findings from the assessments and the capacity-building workshops.
The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state’s duty to regulate in the public interest.
The online database contains information on 696 publicly known international arbitration cases initiated by investors against states pursuant to international investment agreements (IIAs).
The book examines the links between investment law and other sub-fields of international law, including the law on armed conflict, human rights, sustainable development, trade, development and EU law.
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The book examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them.
The policy brief explores the financial needs of agriculture in developing countries and the instruments available to address these needs.
The study examines how investment tribunals have balanced the interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power.
This annual publication provides an overview of recent trends and key issues in international investment law and policy.
This book assesses the current state of environmental protection under the North American Free Trade Agreement (NAFTA) and the North American Agreement on Environmental Cooperation (NAAEC), outlining the scope and process of both agreements, their impact on specific environmental issues, and paths to reform.
This in-depth commentary analyses each paragraph of the UNCITRAL Transparency Rules, and explains the underlying debate for a broader context.
The paper focuses on large-scale agricultural projects in developing countries, involving the lease of farmland. It marries two substantial bodies of research to show how investment contracts can be set up to promote sustainable development.
The WIR presents global investment trends in 2014, indicating that global foreign direct investment (FDI) inflows fell by 16 per cent to US$1.23 trillion.
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Sorry, this entry is only available in Français and Español.
Recognizing the need for a tool to help guide developing countries through the process of negotiating investment contracts with mining companies, this handbook seeks to assist government officials to identify their needs and goals and to prepare themselves to negotiate effectively, with the goal of creating maximum shared value from mining for developing countries.
The book places in their political context the changes in international investment law in response to resistance, explains the rapidity of changes in the light of economic theories and their dismantling when the theories do not work, and highlights the instrumentality of law as a purveyor of power and economic theory.
The book analyzes international jurisprudence beyond investment cases, to cover cases decided by many different tribunals, courts and bodies.