APEC, free trade and the WTO
By Humberto Campodónico
The implementation of bilateral free trade agreements, the FTAs, began 25 years ago, with the North American Free Trade Agreement (NAFTA) between Canada, Mexico and the United States. The European Union, which was initially reluctant to sign bilateral FTAs, also adopted them. In our region, Chile was the first South American country to sign an FTA with the US. Then came Peru and Colombia. (more…)
Initial Global Effects of Trump Even Before Taking Office
By Martin Khor
Even before taking office, President-Elect Donald Trump and the policies he promised during his campaign are already having a worldwide impact in at least three areas — global finance, trade and climate change. If his election is described as an earthquake, the aftershocks are now being felt. Global funds are starting to move out of many developing countries, reducing the value of their currencies and causing great economic uncertainty. (more…)
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…)
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…)
TPPA may fall victim to US political dynamics
By Martin Khor
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…)
EPA has never made much sense for Tanzania
By H.E. Mr. Benjamin William Mkapa
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…)
Assessing the WTO’s Nairobi Package (MC10)
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.
The Nairobi package includes Decisions on (more…)
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…)
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?”.
