Bilateral Investment Treaties And Sustainable Development

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Article International Investment and Indigenous Peoples

Sustainable Investment (CCSI) submitted amicus curiae ap‐ plications. Tribunal denied the application of CCSI. Chevron Corporation and Texaco Petroleum Com‐ pany v. The Republic of Ecuador EarthRights International, Fundación Pachamama and The International Institute for Sustainable Development submit‐

The Impact of Trade and Investment Treaties on Fiscal

Trade and investment treaties can also add constraints to developing countries abilities to reform and enhance their tax regimes. For example, guarantees in favor of foreign investors in bilateral investment treaties (BITs) can create a presumption in favor of the status quo at the time the investment is made.

The State of Investor-State Arbitration: A Reality Check of

development of both states by inter alia promising a stable and predictable business environment5 IIAs may take the form of bilateral investment treaties (BITs)-i.e. treaties between two states (such as the India-Australia BIT), or investment chapters in broader economic agreements (like Chapter


2. Selected bilateral, regional and inter-regional agreements containing FDI provisions concluded or under negotiation, 2003-2004 48 3. Bilateral association, cooperation, framework and partnership agreements signed by the

Bilateral Investment Treaties and Development Policy-Making

Bilateral Investment Treaty Programme and Sustainable Development, Royal Institute for policies that a host government holds to be essential to promoting the basic needs of its citizens (including in relation to access to water and sanitation;

China-Africa investment treaties: do they work?

Sustainable Development Goals, so it is particularly relevant to investigate treaties designed to promote investment. Under many investment treaties worldwide, states agree

European Union Singapore Tradeand Investment Agreements

first new generation bilateral trade agreements. In addition to cutting customs duties and non-tariff barriers on trade in goods and services, it contains commitments on protecting intellectual property, liberalising investment, public procurement, competition and sustainable development. The trade agreement between the EU and Singapore


through Investment Arbitration (2018) 59 Boston College Law Review 2845, 2846; George Forster, Investors, States and Stakeholders: Power Asymmetries in International Investment and the Stabilizing Potential of Investment Treaties (2013) 17 (2) Lewis & Clark Law Review. 361, 367.

Sustainable Liberalism and the International Investment Regime

Bilateral Investment Treaties: The Second Wave, 14 MICH. J. INT'L L. 621 (1993). 3. The UN Centre for Transnational Corporations counted 1306 BITs as of the end of 1996. For a listing of the treaties, see UNITED NATIONS CENTRE FOR TRANSNATIONAL. CORPORATIONS (UNCTC), BILATERAL INVESTMENT TREATIES IN THE MID 1990S

AfCFTA investment negotiations - SET

Sustainable Development (IISD). Sarah advises developing country governments and regional bodies on laws, policies, contracts and treaties relating to investment for sustainable development. Sarah is based in Kigali, Rwanda, where she worked for two years as a legal advisor to the Rwandan Ministry of Trade and Industry.

BITs, DTTs, and FDI flows: An Overview

application. Calvin Hamilton and Paula Rochwerger, Trade and investment: foreign direct investment through bilateral and multilateral treaties, 18 N.Y. Int l L. Rev. 1 (2005), p. 12. 4 In this overv iew, develope d c ountries are m embers of t he OECD, exclu ng t e R publ c of K rea and Mexico.

Third World Network - Home :. Sustainable Development

Key challenges in the private sector s role in development relate to ensuring accountability from private actors and to safeguard the sovereign policy space of states that are legally challenged by companies, especially through bilateral investment treaties and investor-to-state dispute settlements.

The intersection of public procurement law and policy, and

Development (UNCTAD), in 2019 the number of IIAs reached 3,317 (consisting of 2,932 bilateral investment treaties [BITs] and 385 treaties with investment provisions [TIPs]), of which at least 2,658 IIAs were in force between 1980 and 2018.4 ISDS 1 See the preambles to Agreement between the Government of the United Kingdom of Great Britain

International Investment Agreements and Industrialization

comprised of bilateral investment treaties (BITs) and free trade agreements (FTAs), including the investor-state dispute settlement system (ISDS), and the constraints they pose to achieving the right to development (RTD) through inclusive, equitable and sustainable


Abstract The 2016 Morocco Nigeria bilateral investment treaty (BIT) stands out from other such treaties because of its innovative human rights approach to the protection and promotion of foreign direct investment. Human rights permeate its approach to the regulation of investment in a manner which is most unusual in international


international investment makes to their sustainable development. Businesses and governments in developing countries, as well as developed countries, are keenly aware of the importance of investment as a driver of growth. Following years of liberalization of investment regulations and an increase in the negotiation of bilateral

The Impact of Trade and Investment Treaties on Mobilization

and environmental sustainability, and provide social services necessary for human development. The Sustainable Development Goals also recognize the importance of fiscal mobilization (SDG 17.1 and 17.4). While trade and investment treaties have typically been assumed to be tax revenue-neutral,

Investment Treaties: The Quest for Balance

International Institute on Sustainable Development (IISD). She has advised and provided training to developing country governments across Africa, Asia and Latin America in relation to bilateral and regional investment treaty negotiations, investor-state contracts, model investment treaties

Investment Treaties: Policy Goals and Public Support

America in relation to bilateral and regional investment treaty negotiations, investor-state contracts, model investment treaties and foreign investment laws. Ms. Bernasconi has extensive legal, policy, and training experience in the area of international trade, investment, sustainable development, human


BITs: Bilateral Investment Treaties completed in progress R I B S. 9 Federal Ministry of Industry, Trade and Investment Chair Referenced sustainable development

Investment treatIes & Why they matter to sustaInable Development

2 Investment treatIes and Why they matter to sustaInable development to achieving sustainable development objectives, imposing high costs on the countries who sign them but questionable returns in terms of attracting investment much less the quality investment that is so

A COMPARATIVE APPROACH - Asian Development Bank

IIAs, including both bilateral investment treaties (BITs) and investment chapters of free trade agreements (FTAs). The project aimed to create a granular codification of 15 investment provisions through a detailed textual analysis of all Asian IIAs currently signed and enforced. The database

Africa-China Bilateral Investment Treaties: A Critique

Feb 18, 2018 Two decades ago, bilateral investment treaties (BITs) were concluded primarily between developed and developing countries. 1. With the chang-ing geography of trade and investment and the resulting increase in South-South economic cooperation, developing countries are increasingly con-cluding BITs among themselves. 2


Popularity of Bilateral Investment Treaties, 38 VA. J. INT'LL. 639, 669-70 (1998) (noting that developing countries are better able to compete for foreign investment by signing a BIT because it increases the credibility of their commitments).


1 Investment treaties, or international investment agreements (IIAs), are defined herein as bi- lateral and multilateral instruments for the protection and/or promotion of foreign investment. A complete list of the IIAs concluded in 2017 is provided in Table 7.1 at the end of this chapter.

United Nations Manual for the Negotiation of Bilateral Tax

Bilateral Tax Treaties. between Developed and. 2030 Agenda for Sustainable Development, including the Sustainable On the one hand, they encourage both investment by reducing :


Investment Provisions in Preferential Trade Agreements: Evolution and Current Trends Jo-Ann Crawford and Barbara Kotschwar1 Abstract: Our analysis covers 230 PTAs of which 111 contain substantive provisions on investment. Over the past 60 years or so, States have created an extensive network of Bilateral Investment Treaties (BITs)

General Exceptions in International Investment Agreements

trade agreements that include foreign investment obligations, and to sectoral treaties, such as the Energy Charter Treaty (ECT), that include investment obligations. 2 In a recent article I suggest that, while IIAs are not an impediment to sustainable development, new model agreements could do much more to promote sustainable development.

Third-Party Funding as Exploitation of the Investment Treaty

investment arbitration a very attractive investment market. 9 6 A BIT is an international agreement[] establishing the terms and conditions for private inves t-ment by nationals and companies of one state in another state. Bilateral Investment Treaty, L EGAL I NFO. I NST

Sustainable Investment (CCSI), International Institute for

BILATERAL INVESTMENT TREATIES THE CONTRACTING PARTIES, RECOGNIZING the necessity of designing and implementing appropriate investment policies, including transparent and fair investments dispute settlement regimes, to maximize the potential of cross border investments to contribute to sustainable development within and across countries;

Manual Bilateral Tax Treaties Update 2019 - Un

achieving sustainable development. Taxes represent a stable source they encourage both investment and the transfer of gotiation of Bilateral Tax Treaties between Developed and Developing

Unilateral Commitments to Investment Protection: Does the

Conference on Trade and Development (UNCTAD), Issues in International Investment Agreements: State Contracts, Doc. UNCTAD/ITE/IIT/2004/11 (2004) at 3. 7 P. Bernardini, Investment Protection under Bilateral Investment Treaties and Investment Contracts 2 J. World Inv. 235 (2001); and T. Wälde and G. N Di, Stabilising International

Symposium: Managing the Global Environment Through Trade: WTO

Investment Partnership ( TTIP ) would enhance or limit environmental protection measures. Last, the panelists expanded the dialogue to cover the intersection of regional trade agreements ( RTAs ), bilateral investment treaties ( BITs ), and the environment. This issue of the American University International Law Review

International Investment and Development

Jun 12, 2020 ment and development. I. International Investment Policy Making* 2014 saw considerable activity in the area of investment policy making. At least eight bilateral investment treaties (BITs) were concluded in 2014.1 In addition, about thirteen other international investment agreements (II~s) were also concluded.2 The BITs con-

World Investment Forum 2014 Investing in Sustainable Development

World Investment Forum 2014 Investing in Sustainable Development IIA Conference - 16 October 2014 Ms. Yongjie Li Director, Department of Treaty and Law Ministry of Commerce China Today s international investment law is composed of over 3,000 bilateral or regional treaties. It is a fragmented regime.

Book Review Integrating Sustainable Development in

in which sustainable development is taken into account in the web of IIAs that compose the universe of international investment law. The last Part is dedicated to an analysis of how the international investment law regime and its IIAs can build an improved relationship with sustainable development through a broader integration of this concept.

Managing mining for sustainable development

international law, including international investment treaties, human rights laws and standards, and environmental conventions and treaties. Bilateral investment treaties, while important for attracting investment into host countries by protecting investors, have resulted, in some cases, in situations


their revenue, investment treaties can also reduce the amount of government resources available for public investments in education and infrastructure that are in fact crucial for domestic and international investors and the country s sustainable development.

Preambles in Treaty Interpretation

RPE9-8BNK]. And in the realm of investment treaties alone, almost 2000 bilateral investment treaties were signed between their invention in the 1960s and the end of the twentieth century. See Andrew Newcombe, Sustainable Development and Investment Treaty Law, 8 J. WORLD INV. & TRADE 357, 362-63 n.33 (2007) (tracing the history of this type of

The Political Economy of a Bilateral Investment Treaty

through the end of 1996. see international centre for settlement of investment disputes [icsid], bilateral investment treaties 1959-1996 (1997). 2on the bits, see generally rudolf dolzer & margrete stevens, bilateral investment treaties (1995); kenneth j. vandevelde, united states investment treaties: policy and practice (1992) [hereinafter