Resources

Judicial Acts and Investment Treaty Arbitration

This book focuses on distinctive particularities of judicial acts of states, which are becoming increasingly subjected to international investment claims.

Review of ISDS Decisions in 2018: Selected IIA reform issues

This IIA Issues Note reviews publicly available decisions in ISDS cases, with a focus on cases and issues of relevance for treaty drafting and IIA reform.

Mediation in International Commercial and Investment Disputes

The book indicates that the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration, but that international mediation and conciliation are now coming to the fore.

Sustainable Trade, Investment and Finance: Toward responsible and coherent regulatory frameworks

Sustainable development remains a high priority in international politics and commerce. This book explores how the contours and facets of economic, environmental and social sustainability are reflected in the legal norms that govern trade, investment and finance.

Establishing Judicial Authority in International Economic Law

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.

Canadian Initiatives Against Bribery by Foreign Investors

This report builds on the broad recognition that corruption—with bribery as a particularly significant manifestation—is a grave threat to sustainable development. It focuses on Canadian legal initiatives against bribery by Canadian businesses investing abroad.

Local Content Policies in the Mining Sector: Scaling up local procurement

This paper focuses on local procurement policies designed to boost the number of goods and services purchased by mining operations from local stakeholders. It unpacks various objectives that a local procurement policy can help respond to. It also details various types of policy instruments that can be used in the design of local procurement policies and underlines the strengths and weaknesses of each type of measure.

World Investment Report 2019: Special economic zones

The World Investment Report (WIR) supports policy-makers by monitoring global and regional FDI trends and documenting national and international investment policy developments. The 2019 edition provides an overview of the global landscape concerning Special Economic Zones.

Responsibility of the EU and the Member States under EU International Investment Protection Agreements: Between traditional rules, proceduralisation and federalisation

This book provides a comprehensive portrait of how international responsibility of the EU and EU member states is structured under the EU’s international investment protection agreements. It analyzes both the old regime as represented by the ECT and the new regime as represented by the new EU investment treaties, such as CETA and the agreements with Singapore and Vietnam.

Taking Stock of IIA Reform: Recent developments

This IIA Issues Note tracks progress on IIA reform, finding that it is well underway and involves countries at all levels of development and from all regions. It highlights that almost all the treaties concluded in 2018 contain a large number of reform features, and the core focus of reform action is in relation to ISDS.

SustainableFDI.org

SustainableFDI.org is UNCTAD’s dedicated site on promotion and facilitation of investment for sustainable development, in line with the 2030 Agenda and all the SDGs. It provides content related to investment in affordable and clean energy and climate action, as well as in each of the SDGs.

Fact Sheet on Investor–State Dispute Settlement Cases in 2018

This IIA Issues Note provides an overview of known treaty-based ISDS cases initiated in the past year and overall ISDS case outcomes. It indicates that, as the surge in ISDS cases continues, the total ISDS case count may reach 1,000 by the end of 2019.

Investment Policy Hub

UNCTAD gave its Investment Policy Hub a facelift to make it more user-friendly.

Good Faith in Investment Treaty Arbitration

This book considers the application of good faith by arbitral tribunals and parties in international investment disputes, encompassing both procedural and substantive aspects of good faith.

Arbitration Costs: Myths and realities in investment treaty arbitration

This book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence.

Yearbook on International Investment Law & Policy 2017

The 2017 edition of the annual publication provides a comprehensive overview of developments in the international investment law and policy field, focusing on trends and issues in FDI, investment treaty practice and investor–state arbitration.

Extraction Casino: Mining companies gambling with Latin American lives and sovereignty through international arbitration

This report exposes 38 cases of mining companies that have been filing dozens of multi-million dollar claims against Latin American countries before investment arbitration tribunals, demanding compensation for court decisions, public policies and other government measures that they claim reduce the value of their investments.

Digging for Dividends: The use and abuse of investor-state dispute settlement by Canadian investors abroad

This report concludes that ISDS cases launched by Canadian investors outside North America follow a pattern of disproportionately targeting environmental policy in developing nations and that environmental policy is the fastest growing trigger for such cases.

Reforming Investment Dispute Settlement: A stocktaking

ISDS continues to be controversial, spurring debate in the investment and development community and among the public at large.

Legal Framework of Environmental and Social Impact Assessment in the Mining Sector

Environmental and social impact assessments (ESIAs), environmental and social management plans (ESMPs), closure and rehabilitation plans, and potential resettlement action plans (RAPs) are essential tools for any process related to the granting of environmental permits or mining authorizations.

Reforming Investment Dispute Settlement: A stocktaking

ISDS continues to be controversial, spurring debate in the investment and development community and the public at large. States are responding to challenges and concerns surrounding ISDS through different avenues.

Asian Perspectives on International Investment Law

With changes to the international investment law landscape—and Asian countries now actively developing their network of BITs and FTAs—this volume studies issues relating to Asian perspectives on international investment law and forecasts the future of Asian contributions to its science and practice.

The Return of the Home State to Investor–State Disputes: Bringing back diplomatic protection?

The book examines the underlying reasons for the exclusion of home states from ISDS and explores the role that they could play in the dispute process. It also analyzes whether current reforms and proposed changes for the international investment law regime will improve it or reduce the exposure of states to investment claims.

China’s International Investment Strategy: Bilateral, regional, and global law and policy

In order to accommodate inward and outward investment, China’s participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude IIAs.

Principles of Evidence in Public International Law as Applied by Investor–State Tribunals: Burden and Standards of Proof

The book explores the fundamental principles of evidence and how these principles relate to burden of proof and standard of proof.

PITAD Investment Law and Arbitration Database: Version 1.0

Currently in beta version, the database provides a comprehensive, regularly updated and networked overview of all known investment arbitration cases. It offers researchers and policy-makers immediate access to an initial selection of carefully coded variables together with a series of visualizations of raw and analyzed data from more than 1,000 cases.

European Yearbook of International Economic Law 2018

In light of increasing conflicts over access to and use of natural resources—and of their impact on political, social and environmental aspects—contributors to this volume analyze the extent to which international economic law can support the sustainable exploitation, management and distribution of natural resources.

Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)

This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection.

Key Duties of International Investment Arbitrators: A transnational study of legal and ethical dilemmas

This book critically analyzes how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future.

The Participation of the EU in International Dispute Settlement: Lessons from EU investment agreements

This book looks at the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a state-centric international law.

Fact Sheet on Intra-European Union Investor–State Arbitration Cases

Intra-EU investor–state arbitration has been a prominent topic in domestic and international policy debates. Recent developments related to the Achmea case put a spotlight on the future of intra-EU disputes based on BITs and the Energy Charter Treaty.

Establishing Judicial Authority in International Economic Law

A central development in international law is the intensified juridification of international relations by a growing number of international courts. With this in mind, 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.

The Use of Economics in International Trade and Investment Disputes

Twenty-first-century trade agreements are increasingly a source of international law on investment and competition.

Alternative Visions of the International Law on Foreign Investment: Essays in honour of Muthucumaraswamy Sornarajah

This book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration.

Taxation of Bilateral Investments: Tax treaties after BEPS

The OECD’s guidance on combatting tax avoidance strategies associated with Base Erosion and Profit Sharing (BEPS) methods is complex and accompanied by a wealth of literature.

Research Handbook on Environment and Investment Law

This book examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. It takes a thematic approach, analyzing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development.

Research Handbook on Human Rights and Investment

The interplay between human rights and investments is a key and complex issue in today’s world.

Commentary on the Energy Charter Treaty

The Commentary on the Energy Charter Treaty (ECT) provides an article-by-article textual analysis of the international agreement, which outlines a multilateral framework for cross-border cooperation in the energy sector.

Transforming Agriculture in Africa & Asia: What are the policy priorities?

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.

Designing Local Content Policies in Mineral-Rich Countries

This report provides clarity on key characteristics and challenges of local content policies. It does not attempt to propose one definition of local content.

The Formation and Identification of Rules of Customary International Law in International Investment Law

This book provides a comprehensive analysis of the phenomenon of customary international law in the field of international investment law.

Stabilization Clauses in International Investment Law: A sustainable development approach

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.

State Responsibility for Breaches of Investment Contracts

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.

International Governance and the Rule of Law in China under the Belt and Road Initiative

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.

International Challenges in Investment Arbitration

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.

Transparency in International Investment Arbitration: A guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration

This book explains the underlying debate and provides an in-depth commentary on the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration, paragraph by paragraph.

International Investment Law and Globalization: Foreign investment, responsibilities and intergovernmental organizations

Have the processes of elaboration and implementation of foreign investors’ responsibilities by intergovernmental organizations reached the realm of legality?

A Guide to State Succession in International Investment Law

This book provides a comprehensive analysis of state succession issues arising in the context of international investment law.

Reassertion of Control over the Investment Treaty Regime

States are pursuing many avenues to curb the international investment regime, perceived as having run out of control. This book examines the many issues of procedure, substantive law and policy arising from this trend­.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

The book examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.