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?”.
“Free trade” in trouble in the United States
By Martin Khor
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…)
WTO’s MC10: The Nairobi Ministerial Declaration
When launched in 2001, the Doha Development Agenda (DDA) had the objective of being a Development Round. However, substantive development concerns have often been sidelined in the course of the negotiations. Without the Doha mandate, developing countries have no guarantee that the important issues of disciplines on domestic supports, special safeguard in agriculture and cotton will feature in future negotiations on Agriculture. (more…)
WTO’s MC10: Agriculture Negotiations– Public Stockholding
Public stockholding programmes have over the past decades proven themselves to be very effective instruments for supporting domestic producers in agricultural production. Studies have shown that in
fact, countries that are still in the process of development, where markets are not well developed, need such public stockholding programmes to support their farmers.
Many developing countries do have these programmes. This non-exhaustive list (more…)
WTO’s MC10: Agriculture Negotiations – Special Safeguard in Agriculture for Developing Countries
The agricultural safeguard is important for developing countries. Most developed countries already have access to a special agricultural safeguard as a result of the Uruguay Round negotiations, and
some of them have actively utilised this Special Safeguard Provisions (SSG) through the past 20 years.
Developing countries require a similar instrument because of the many agricultural import surges taking place. (more…)
WTO’s MC10: Agriculture Negotiations – Export Competition
This note provides a brief on Export Competition and the four issues that it covers:
With respect to export subsidies, the EU, the Member with the largest export subsidy entitlements applies zero export subsidies under its Common Agricultural Policy 2014-2020. Commitments to bind export subsidies at zero are therefore a step in the right direction but the extent of its value is limited. The Green Box remains undisciplined (more…)
