The Cooperation and Facilitation Investment Agreement (CFIA) in the context of the discussions on the reform of the ISDS system
The Brazilian Cooperation and Facilitation Investment Agreement (CFIA) model establishes an alternative approach to dispute resolution. This does not mean, however, that the CFIA is silent with regards to possible disputes arising from breaches to the agreement and/or claims by investors. Based on the premise that the investment regime between two or more countries is a positive-sum game, in which all parties involved win, the CFIA presents an approach based on the prevention of disputes.
How international investment agreements have made debt restructuring even more difficult and costly
International investment and trade agreements are legally binding international treaties which give investors an additional layer of legal protection on top of the host country law and contract law. However, little efforts have been made in ironing out the interface between these different laws and treaties. Inconsistencies and even contradictions have emerged in dispute settlement decisions, sometimes at the expense of public good, sovereignty and financial and economic stability. An asymmetry seems to exist in the allocation of risks and benefits between investors and recipients of investments. (more…)
Eleventh World Trade Organization Ministerial Conference (Buenos Aires, December 2017) in the context of Africa’s Agenda 2063 and the Continental Free Trade Area
This present policy brief has been made available by the African Trade Policy Centre of the Economic Commission for Africa to provide background information on the key issues expected to be discussed at the eleventh World Trade Organization Ministerial Conference. It is based on a series of discussion papers developed by the African Trade Policy Centre in collaboration with the South Centre. Full papers are available upon request.
The 11th Ministerial meeting of the WTO is fast approaching. In Buenos Aires, Ministers will take decisions on a variety of issues including agriculture, fish subsidies, domestic regulation and trade facilitation in services, special and differential treatment, TRIPS, and e-commerce.