Fair and Equitable Treatment (FET)

Investment Policy Brief 10, February 2018

How international investment agreements have made debt restructuring even more difficult and costly

International investment and trade agreements are legally binding international treaties which give investors an additional layer of legal protection on top of the host country law and contract law.  However, little efforts have been made in ironing out the interface between these different laws and treaties. Inconsistencies and even contradictions have emerged in dispute settlement decisions, sometimes at the expense of public good, sovereignty and financial and economic stability. An asymmetry seems to exist in the allocation of risks and benefits between investors and recipients of investments. (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…)

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 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 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…)


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