Investment Agreements

Policy Brief 37, March 2017

The Need to Avoid “TRIPS-Plus” Patent Clauses in Trade Agreements

A recent article in a prestigious journal reminds us of how the intellectual property chapter of free trade agreements can prevent the sick from getting treatment.  This article also critiques the TPP clauses and warns that they should not be translated to national laws or copied into other FTAs being negotiated. 
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Investment Policy Brief 8, March 2017

Reflections on the Discussion of Investment Facilitation

‘Investment facilitation’ is a concept repeated in discussions pertaining to investment policies and treaties, including those addressing the reform of investment treaties. The discussion on investment facilitation is taking place in various fora and contexts. (more…)

Investment Policy Brief 7, December 2016

The Experience of Sri Lanka with International Investment Treaties

This policy brief gives an overview of Sri Lanka’s experience with investment treaties, including highlights from a study undertaken by the authors in regard to the interface between BITs and FDI inflows. The brief also reviews international trends in relation to re-negotiating BITs and discusses the elements driving these trends, offering insights into the factors shaping this discussion in developing countries. (more…)

Investment Policy Brief 6, November 2016

Peruvian State’s Strategy for Addressing Investor State Disputes

This policy brief explains the approach adopted by Peru to establishment of the “System for the Coordination and Response of the State in International Investment Disputes” (SICRECI) and the role it played in responding to investor-state dispute settlement (ISDS) cases faced by Peru. It gives an overview of the sixteen ISDS cases brought against Peru to date. While this institutional development adds value in terms of managing cases as they arise, the paper points out that this system faces major hurdles due to multiple challenges arising from ISDS. As shown in the paper, after the establishment of SICRECI, Peru continued to face a rising number of ISDS cases. (more…)

Policy Brief 32, October 2016

Corporations, Investment Decisions and Human Rights Regulatory Frameworks: Reflections on the discussion pertaining to FDI flows and the impact of a potential International Legally Binding Instrument on Business and Human Rights

This brief explores the question pertaining to the impact of States’ participation in designing an Instrument on transnational corporations and other business enterprises in the area of human rights  on attracting foreign direct investment, which has been a persistent issue of discussion since the mandate of the inter-governmental group on the mentioned Instrument was established. (more…)

10th Annual Forum of Developing Country Investment Negotiators, 7-9 November 2016

The Annual Forum of Developing Country Investment Negotiators

The South Centre joins the International Institute for Sustainable Development annually in co-organizing the forum for developing country investment negotiators. The forum is a unique space dedicated to discussing current trends and perspectives in regard to international investment agreements, with a focus on developing countries’ experiences and objectives. It is dedicated to sharing of experiences and lessons learned from different national and regional contexts. (more…)

Research Paper 68, June 2016

Approaches to International Investment Protection: Divergent Approaches between the TPPA and Developing Countries’ Model Investment Treaties

While the international investment treaty regime is at a conjuncture, States face the challenge of designing reforms that would result in systemic solutions, and not merely cosmetic changes, to the challenges emerging out of the existing regime and the ISDS mechanism it embodies. (more…)

Book by the South Centre, 2015

Investment Treaties: Views and Experiences from Developing Countries

 

Bk_2015_Investment Treaties_EN_001About the book: This book discusses the relationship between foreign direct investment, investment agreements and economic development. It examines the experiences of five developing countries reviewing their approach to international investment agreements and seeking alternatives in this area, including South Africa, Indonesia, India, Argentina, and Ecuador. Through reviewing investor-state dispute settlement cases, the book highlights how investment protection rules and the way they have been interpreted by arbitral tribunals have undermined the states’ right to adopt measures to protect public health and challenged the use of policy tools essential for industrialization. The book also discusses options for rethinking investment-related dispute settlement, including the option to reform the arbitration rules that apply to the disputes, and poses the question “What should investment-related dispute settlement look like if we were to start anew?”.

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Research Paper 65, February 2016

The Rise of Investor-State Dispute Settlement in the Extractive Sectors: Challenges and Considerations for African Countries

African countries have been active in concluding international investment treaties. They are increasingly subject to investor-state dispute settlement (ISDS) cases, including claims that challenge regulatory actions of host countries in a wide range of areas, including public services and race relations. At the same time, African States have developed the ‘Africa Mining Vision’, which is aimed at introducing policy (more…)

Research Paper 63, October 2015

Foreign Direct Investment, Investment Agreements and Economic Development: Myths and Realities

Foreign direct investment (FDI) is one of the most ambiguous and the least understood concepts in international economics. Common debate on FDI is confounded by several myths regarding its nature and impact on capital accumulation, technological progress, industrialization and growth. It is often portrayed as a long term, stable, cross-border flow of capital that adds to productive capacity, helps meet balance-of-payments shortfalls, transfers technology and management skills, and links domestic firms with wider global markets. However, none of these are intrinsic qualities of FDI. (more…)

Investment Policy Brief 5, August 2015

Ecuador’s Experience with  International Investment Arbitration

The brief reviews Ecuador’s experience with investment treaties and investor-state dispute settlement (ISDS). The paper explains the historical and geopolitical context of the decisions Ecuador has taken in regard to bilateral investment treaties (BITs) and ISDS. The author notes that a number of treaties did not fulfill the constitutional and legal ratification processes. (more…)

Investment Policy Brief 4, August 2015

International Investment Agreements and Africa’s Structural Transformation: A Perspective from South Africa

The brief describes the widening debate on the implications of international investment agreements (IIAs) for sustainable development. This debate is particularly relevant in Africa as the continent’s new economic development programme to effect structural transformation and achieve sustainable development may well be constrained by the terms and conditions imposed by IIAs. (more…)


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