ITN Quarterly | March 30, 2022

ITN March 2022

Insights

How the Energy Charter Treaty risks undermining the outcomes of COP 26. By Lukas Schaugg and Greg Muttitt. Read
On the importance of defining “frivolous” claims in ISDS. By Ksenia Polonskaya. Read
The efforts to modernize the Energy Charter Treaty and the hidden cost of non-derogation clauses. By Dafina Atanasova. Read
The conflict between traditional miners in Marmato and Canadian transnational mining companies: Another ISDS dispute over natural resources in Colombia. By Ximena Sierra-Camargo. Read
The human rights case for robust “in accordance with domestic law” provisions in Africa’s international investment law. By Nicola Soekoe. Read

The new Work Programme on the Future of Investment Treaties at the OECD. Read
Another round of ECT negotiations. Read
Dissent in Odyssey v. Mexico. Read
European Commission proposes directive for corporate due diligence on climate, human rights. Read
Structured discussions on investment facilitation: Developments over the last 4 months. Read
UNCITRAL Working Group III continues its work on ISDS reform at its 42nd session. Read

Arbitral tribunal finds Guatemala’s decision not to treat “binding tax opinions” as binding in accordance with FET and MFN provisions, and not an impairment by unreasonable measures. (IC Power Asia Development Ltd. v. The Republic of Guatemala, PCA Case No. 2019-43). By Dave Duckett. Read
Arbitrators in Casinos Austria v. Argentina take varying approaches to the respondent’s exercise of police powers. (Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft v. Argentine Republic, ICSID Case No. ARB/14/32). Read