ITN Quarterly August 2015

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Features

• The Brazilian Agreement on Cooperation and Facilitation of Investments (ACFI): A New Formula for International Investment Agreements?
• Farmland Investments and Water Rights in Africa: The Legal Regimes Converging over Land and Water
• Working by Design: New Ideas to Empower U.S. and European Workers in TTIP

News in Brief

• Binding instrument on business and human rights: Working Group holds its first session
• European Parliament supports TTIP, but rejects current ISDS model
• Bolivia promulgates Conciliation and Arbitration Law with regime for investor–state disputes
• European Commission requests Member States to terminate intra-EU BITs
• China signs FTAs with South Korea and Australia, conducts new round of BIT negotiation with United States

Awards and Decisions

• Unanimous ICSID tribunal dismisses expropriation claim due to Papua New Guinea’s lack of written consent to arbitrate
• Government bonds not covered, despite broad definition of “investment” in Slovakia–Greece BIT; tribunal dismisses claims against Greece
• Looking to Venezuela’s Investment Law, majority finds that Venoklim was not a foreign investor and dismisses case against Venezuela; claimant-appointed arbitrator dissents
• Majority of ICSID tribunal finds no fair and equitable treatment violation by Albania in petroleum dispute
• Tribunal found Mongolia liable for unlawful expropriation and awarded more than US$80 million in damages

Resources and Events