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…)
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…)
The Trans Pacific Partnership Agreement has become a political football in the US Presidential elections and with the public mood so against trade agreements, the TPPA faces the real possibility of being discarded. No country was more active in pushing for the Trans Pacific Partnership (TPP). In the five years of negotiations, the United States cajoled, persuaded and pressurised its trade partners to take on board its issues and positions. (more…)
The EPA issue has once again re-emerged when Tanzania informed EAC Members and the EU that it would not be able to sign the Economic Partnership Agreement (EPA) between EU and the six EAC Member States in early July. The European Commission reportedly proposed signature of the EAC EPA in Nairobi, on the sidelines of the 14th session of the UN Conference on Trade and Development (UNCTAD XIV). (more…)
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…)
Key Substantive and Process Issues Arising from the WTO’s Nairobi Ministerial Conference (MC10)
Despite concerted attempts by major trading partners to bury the WTO’s Doha Development Agenda (DDA) in Nairobi, they were unsuccessful. Part I of this paper provides a legal reading of the Nairobi Ministerial Declaration (NMD) as it pertains to the DDA, and also discusses other legal questions regarding the conclusion of the DDA. (more…)
This paper provides an overview of the Decisions that came out of the 10th WTO Ministerial Conference (MC) in Nairobi taking into account the interests and concerns of developing countries.
Discussions in the Working Group on the Relationship between Trade and Investment (2001-2003)
This Note reviews Members’ submissions in the Working Group on the Relationship between Trade and Investment (WGTI) between 2001 – 2003.
The Singapore Ministerial Declaration established the WGTI to examine the relationship between trade and investment. Subsequently, the Doha Ministerial Declaration tasked the WGTI to focus on the clarification of seven elements of a possible future multilateral investment agreement, as well as some other issues: (more…)
Investment Treaties: Views and Experiences from Developing Countries
About 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?”.
As free trade reaches a crossroads in the US, developing countries have to rethink their own trade realities for their own development interests. “Free trade” seems to be in deep trouble in the United States, with serious implications for the rest of the world. Opposition to free trade or trade agreements emerged as a big theme among the leading American presidential candidates. (more…)
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…)
WTO’s MC10: The Call for ‘New Issues’ at the WTO and Implications for Developing Countries
Narratives concerning enhancing the participation of developing countries in ‘Global Value Chains’ (GVCs) and supporting micro, small and medium enterprises have featured prominently in the WTO
and other international organizations. These have intensified in the run up towards the Ministerial Conference in Nairobi. These discourses on GVCs and MSMEs have often been linked to (more…)
About 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?”.