Resources and Events
Resources
Adjudicator Compensation Systems and Investor–State Dispute Settlement
By David Gaukrodger, Published by Organisation for Economic Co-operation and Development (OECD) Working Papers on International Investment, November 2017
Compensation for adjudicators is generally considered a core issue for judicial independence and for attracting good judges in the institutional design for courts. This paper examines compensation systems for adjudicators and dispute settlement administrators in investor–state dispute settlement (ISDS). Comparing approaches in domestic courts in advanced economies, it provides historical context and examines remuneration reform for judges, from private fees to salaries, in the 18th and early 19th centuries. It also addresses the impacts of compensation systems on adjudicators; contemporary approaches to the compensation of judges in advanced economies; and the co-existence in advanced economies of national courts with salaried judges since the early 19th century with generally strong support for commercial arbitration based on ad hoc fee-based remuneration. It compares commercial arbitration and investment arbitration, focusing on the different effects and perceptions of largely similar compensation systems. Available at http://dx.doi.org/10.1787/c2890bd5-en
Large-Scale Land Investments in Least Developed Countries: Legal conflicts between investment and human rights protection
By Montilla Fernández and Luis Tomás, Published by Springer, November 2017
This book analyzes large-scale land investments for agricultural purposes in Africa’s least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries’ local populations and the apparent failure of international law to create incentives to offset them, it examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. It shows that, where judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour. Available at http://www.springer.com/gp/book/9783319652795
Towards an Indicative List of FDI Sustainability Characteristics
By Karl P. Sauvant and Howard Mann, Published by E15 Initiative, October 2017
To meet the Sustainable Development Goals and climate change commitments, foreign direct investment (FDI) flows would have to increase significantly. However, the issue is not only more FDI, but the right kind of FDI—what is referred to as “sustainable FDI,” that is, investment that has certain sustainability characteristics. 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. Available at http://e15initiative.org/publications/towards-an-indicative-list-of-fdi-sustainability-characteristics
Integrating Sustainable Development in International Investment Law: Normative incompatibility, system integration and governance implications
By Manjiao Chi, Published by Routledge, October 2017
The current international investment law regime is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements (IIAs) should be made more compatible with sustainable development. This book presents an important systematic study of the issue, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that reform of the IIA regime should feature redesigning the provisions of the agreements, improving the structure of IIAs, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. Available at https://www.routledge.com/Integrating-Sustainable-Development-in-International-Investment-Law-Normative/Chi/p/book/9781138187887
Reconceptualizing International Investment Law from the Global South
By Fabio Morosini and Michelle Ratton Sanchez Badin (Eds.), Published by Cambridge University Press, October 2017
This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order. Countries in the North and South are rethinking how economic order can advance their national interests and preferred economic orientation. While some countries in the North seek alternative institutional spaces in order to promote neoliberal policies more effectively, some countries in the South are increasingly skeptical of this version of economic order and are experimenting with alternative versions of legal ordering that do not always align with those promoted by the North. While there are differences in how some North and South countries approach proposed financial regimes, the commonalities could function as the founding pillars of an alternative economic order. The book proposes comprehensive appraisal of international economic law practices being designed in selected developing countries. Available at http://www.cambridge.org/br/academic/subjects/law/international-trade-law/reconceptualizing-international-investment-law-global-south
Asia’s Changing International Investment Regime: Sustainability, regionalization, and arbitration
By Julien Chaisse, Tomoko Ishikawa and Sufian Jusoh (Eds.), Published by Springer, October 2017
This book focuses on the Asia–Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase FDI and efforts to improve governance and inclusive growth and development. It emphasizes the need to strike a balance between these domestic and international legal frameworks to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. The book addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment), what China is doing, current investment arbitration practice in Asia and the importance of regionalizing investment law in the Asia–Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. Available at http://www.springer.com/gp/book/9789811058813
The Rise of Agricultural Growth Poles in Africa: Investment in Agriculture Policy Brief #6
By Francine Picard, Mohamed Coulibaly, Carin Smaller, Published by IISD, September 2017
A number of African governments see the emerging agricultural growth poles and corridors as a way to attract private investment to promote agricultural transformation. They are also seen as a way to counter the negative impacts and publicity that resulted from leasing large tracts of farmland to investors, commonly referred to as “land grabs.” Many attempts to attract responsible and sustainable investment to African agriculture have failed. Ensuring that the new wave of agropoles and growth corridors is effective requires robust policies, laws and practices to ensure that a possible new trend of investment helps Africa achieve the sustainable development goals the continent has set. This paper identifies challenges and opportunities of current agricultural growth poles; outlines the role of laws, policies and institutions; and describes three key stages for the development of a responsible agricultural growth pole. Available at http://www.IISD.org/library/rise-agricultural-growth-poles-africa-investment-agriculture-policy-brief-6
International Natural Resources Law, Investment and Sustainability
Shawkat Alam, Jahid Hossain Bhuiyan and Jona Razzaque (Eds.), Published by Routledge, September 2017
This work examines the relationship between the institutions that govern foreign investment, sustainable development, and the rules and regulations that administer natural resources. Experts explore how investment and natural resources come together to achieve sustainable development in developing countries, with examples from water, oil and gas, renewable energy, minerals, agriculture and carbon trading. Several themes consider the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions that encourage positive social, economic and environmental outcomes for developing countries. The book also provides new insights on international law concepts such as sovereign rights and state responsibility principles. It explores how countries prioritize their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation, in international investment. Available at https://www.routledge.com/International-Natural-Resources-Law-Investment-and-Sustainability/Alam-Bhuiyan-Razzaque/p/book/9781138848702
International Investment Law and Policy in Africa: Exploring a human rights based approach to investment regulation and dispute settlement
By Fola Adeleke, Published by Routledge, September 2017
This book provides a comprehensive analysis of the international investment law regime and current treaty practices in Africa from global, regional and domestic perspectives. Through a public interest regulation approach, it highlights the role of investment regulation in sustainable development and human rights. In doing so, it identifies seven factors that should be considered by arbitrators in resolving investment disputes that affect the public interest. It also considers how investment treaties can hold corporations accountable while protecting the rights of investors. Furthermore, the book explores the objectives and deficiencies of ISDS and its intersection with the rule of law. It identifies alternatives for ISDS and their impacts on attracting investment, depoliticizing investment disputes, promoting the rule of law and offering remedies to investors. It also identifies impacts on human rights, sustainable development and domestic public interest regulation. Finally, the book discusses trends in dispute settlement and investment rulemaking in Africa. Available at https://www.routledge.com/International-Investment-Law-and-Policy-in-Africa-Exploring-a-Human-Rights/Adeleke/p/book/9781138240629
Investor–State Arbitration and Human Rights
By Filip Balcerzak, Published by Brill | Nijhoff, August 2017
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. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tools underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings—jurisdiction, admissibility, merits, compensation and costs—to determine the potential impact of human rights on the outcome of proceedings. Available at http://www.brill.com/products/book/investor-state-arbitration-and-human-rights
Events 2018
January 18–19
5th ITA-IEL-ICC JOINT CONFERENCE ON INTERNATIONAL ENERGY ARBITRATION, Institute for Transnational Arbitration (ITA), Institute for Energy Law (IEL) of the Center for American and International Law & the International Court of Arbitration of the International Chamber of Commerce (ICC), in Houston, TX, United States, http://www.cailaw.org/Institute-for-Transnational-Arbitration/Events/2018/ita-iel-icc-conference.html
February 7–9
11th ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, Kenya Investment Authority (KenInvest), IISD & South Centre, Nairobi, Kenya, http://www.IISD.org/event/11th-annual-forum-developing-country-investment-negotiators
March 9–10
FRANKFURT INVESTMENT LAW WORKSHOP 2018: INTERNATIONAL INVESTMENT LAW AND CONSTITUTIONAL LAW, Merton Centre for European Integration and International Economic Order, Goethe University, University of Glasgow & Amsterdam Center for International Law, at Campus Westend, Goethe University, Frankfurt am Main, Germany, https://www.uni-frankfurt.de/69435674/FILW-2018-IIL-and-Constitutional-Law-Program-final-_9_.pdf
March 12
INTERNATIONAL CONFERENCE: COSTS IN INVESTMENT ARBITRATION: ISSUES AND PITFALLS, McDermott Will & Emery, Arbitration Institute of the SCC & Goethe University Frankfurt am Main, at Goethe University, Frankfurt, Germany, http://www.sccinstitute.com/media/228441/frankfurt-seminar-12-march.pdf
April 23–27
35th SESSION OF WORKING GROUP III OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL): POSSIBLE REFORM OF INVESTOR-STATE DISPUTE SETTLEMENT (ISDS), New York, United States, http://www.uncitral.org/uncitral/en/commission/working_groups/3Investor_State.html
