Resources and Events
Resources
Foreign Direct Investment and Human Development: The Law and Economics of International Investment Agreements
Edited by Olivier De Schutter, Johan Swinnen, Jan Wouters. Routledge, November 2012
This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment and considers how this affects the ability of capital-importing countries to pursue their development goals. The book uses economic and legal analysis to answer questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to ‘signal’ their willingness to attract investors by providing far-reaching protections to investors’ rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. The book is available to order here: http://www.routledge.com/books/details/9780415535489/
Indirect Expropriation in International Investment law
By Suzy H. Nikièma, PUF, The Graduate Institute Geneva, November 2012
International investment law gets increasing attention due to the proliferation of foreign investment protection treaties and the new possibilities for investors to directly refer to international arbitration tribunals. Indirect expropriation, which can affect a foreign investor, is a current and contentious aspect of international investment law, as it reflects the conflict between the foreign investor’s private interests and the host state’s public interests. Unlike direct expropriation which is now well-known and used, the definition of indirect expropriation remains largely unclear. This book examines the conditions under which a governmental measure can be considered indirect expropriation and thus trigger the right to compensation. The book proposes a new analytical framework and offers definitions that can be legally applied to take into account state and investors’ concerns. The book is available to order in French here: http://www.amazon.fr/Lexpropriation-indirecte-droit-international-investissements/dp/294050301X/ref=sr_1_fkmr0_1?ie=UTF8&qid=1354199287&sr=8-1-fkmr0
Integrating Sustainable Development into International Investment Agreements: A Guide for Developing Country Negotiators
By J Anthony VanDuzer, Penelope Simons and Graham Mayeda. Commonwealth Secretariat, 2013
This guide is designed to assist developing countries to negotiate IIAs that are more effective in promoting their sustainable development. It identifies and consolidates emerging best practices from existing treaty models, evaluating the costs and benefits of different approaches; suggesting new and innovative provisions to encourage foreign investment flows; and outlining how states can achieve coherence among their IIAs. The guide covers: substantive obligations of host states regarding investor protection; new provisions addressing sustainable development; dispute settlement; investment promotion and technical assistance; and provisions on entry into force and termination. The book is available to order here: https://publications.thecommonwealth.org/integrating-sustainable-development-into-international-investment-agreements-955-p.aspx
Regionalism in International Investment Law
By Leon Trakman and Nicola Ranieri. Oxford University Press, 2013
This book provides a multinational perspective on international investment law. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. The book is available to order here: http://www.oup.com/us/catalog/general/subject/Law/InvestmentandFinanceLaw/?view=usa&ci=9780195389005
Public Health in International Investment Law and Arbitration
By Valentina VadiIs. Published by Routledge, July 2012
Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. With a focus on the ‘clash of cultures’ between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights. The book is available to order here: http://www.routledge.com/books/details/9780415507493/
Events
January
28-30
Expert Meeting on Regional Integration and Foreign Direct Investment in Developing and Transition Economies, UNCTAD, Geneva, Switzerland (registration mandatory). http://UNCTAD.org/en/pages/MeetingDetails.aspx?meetingid=202
February
4-22
Regional Course on Key Issues on the International Economic Agenda for the Latin American and Caribbean region, UNCTAD, Medellin, Colombia. http://unctad.org/en/Pages/MeetingDetails.aspx?meetingid=176
4-8
UNCITRAL Working Group II, 2000 to Present: Arbitration and Conciliation. 58th Session, New York, United States. http://www.uncitral.org/uncitral/en/commission/working_groups/2Arbitration.html
6
Brunel Lecture: The International Judge, A lectureby Philippe Sands, Brunel University, London, UK. http://qwww.brunel.ac.uk/law/research/university-research-centre/cipl
21-22
16th Annual IBA International Arbitration Day, International Bar Association, Bogota, Colombia, http://www.ibanet.org/Article/Detail.aspx?ArticleUid=4054049C-69FC-4B7A-9737-F3913A103556
March
7-8
Second African International Economic Law Network, The African International Economic Law Network and the Mandela Institute at the School of Law, University of the Witwatersrand, Johannesburg, South Africa, http://www.sielnet.org/Default.aspx?pageId=845611
May
7
The New ICC Arbitration Rules 2012 – Changes & First Experiences, International Chamber of Commerce, Vienna, Austria. http://www.icc-austria.org/de/Seminare/Aktuelle-Seminare/1218.htm
June
28
International Arbitration and related matters, International Bar Association, St. Petersburg, Russia, http://www.ibanet.org/Article/Detail.aspx?ArticleUid=D1AAE6B9-1568-4ECE-9024-A574A703A087
