Dispute Settlement

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…)

SC-Indonesia Investment Side Event to UNCTAD XIV, 20 July 2016

Title:              Approaches by Developing Countries to Reforming Investment Rules;

                      South-South Dialogue and Cooperation

Date:              20 July 2016, 13:00-14:30

Venue:           ‘Investment Village’, Kenyatta International Convention Centre, Nairobi, Kenya

Organizer:   The South Centre and the Government of Indonesia
(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…)

Investment Book Launch, 18 May 2016

Title of Book:               Investment Treaties: Views and Experiences from Developing Countries

Title of Event:              REFORM OF THE INVESTMENT PROTECTION REGIME

                                       VIEWS AND EXPERIENCES FROM DEVELOPING COUNTRIES

Date:                              Wednesday, 18 May 2016, 13:30-15:00

Venue:                           Library Events Room (B-135), Palais des Nations, Geneva

Organizer:                    South Centre and UNOG Library

(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…)

Investment Policy Brief 3, July 2015

India’s Experience with BITs: Highlights from Recent ISDS Cases

This brief argues that there is a case for a review of India’s bilateral investment treaties (BITs). The author recommends that the review should cover, inter alia, issues of more favourable treatment of foreigners compared to locals, and limitations on policy space of the government to address public interest concerns, in particular, those in the areas of public health and environment. (more…)

Investment Policy Brief 2, July 2015

Crisis, Emergency Measures and the Failure of the ISDS System: The Case of Argentina

This brief gives an account of Argentina’s experience with investor-state dispute settlement in 2001-2014. Between 2002 and 2007, Argentina was the subject of a quarter of all the cases initiated within the framework of the International Centre for Settlement of Investment Disputes (ICSID) Convention. These cases were triggered by changes within the regulatory framework for international investments –particularly in sectors related to the provision of public services– as a result of the implementation of a package of measures aimed at tackling one of the worst economic crises in Argentina’s history. (more…)

Investment Policy Brief 1, July 2015

Indonesia’s Perspective on Review of International Investment Agreements

The South Centre releases a new policy brief series focusing on international investment agreements and experiences of developing countries.

As part of this series, the publication of Investment Policy Brief No. 1 entitled by Mr. Abdulkadir Jailani briefly describes Indonesia’s experience with at least six investor-state dispute settlement (ISDS) cases. It also explains Indonesia’s decision to discontinue its existing international investment agreements (IIAs); to date, 17 out of 64 IIAs have been discontinued by Indonesia. The paper explains the rationale for this important policy measure. (more…)

Analytical Note, November 2014

Improving the Bali Peace Clause on Public Stockholding for Food Security

Since Bali and particularly in the last few months, there has been much attention on the Decision Ministers had taken at the WTO’s Bali Ministerial Conference (2013) on Public Stockholding for Food Security Purposes.

At Bali, Ministers had agreed to a Peace Clause for existing Public Stockholding programmes provided by developing countries for food security purposes. I.e. if they have these programmes, countries should not be brought to the WTO’s dispute settlement if they are going beyond their domestic support commitments under the WTO’s Agreement on Agriculture rules. (more…)

Analytical Note, November 2013

WTO’s MC9:  Analysis of the Food Security ‘Peace Clause’ Text

The Peace Clause is time-limited (4 years) and partial in coverage (no inclusion of the WTO’s Agreement on Subsidies and Countervailing Measures- ASCM). Countries can still be taken to dispute. It also has onerous and intrusive transparency and information requirements and conditions. (more…)

Analytical Note, November 2013

Discussing the Legal Basis for Entry Into Force of a Trade Facilitation Agreement

A Trade Facilitation Agreement (TFA) has been proposed as an outcome from the Bali WTO Ministerial Conference. The TFA’s provisions create new rights and obligations for WTO Members; they alter the rights and obligations that WTO Members currently have under the WTO Agreement and its annexes. (more…)


0

Your Cart