Reflections on the Discussion of Investment Facilitation
‘Investment facilitation’ is a concept repeated in discussions pertaining to investment policies and treaties, including those addressing the reform of investment treaties. The discussion on investment facilitation is taking place in various fora and contexts. (more…)
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…)
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…)
Recovering Sovereignty Over Natural Resources: The Cases of Bolivia and Ecuador
This document analyzes the renegotiation process of oil and gas contracts in two Latin American countries, Bolivia and Ecuador, from 2003 to 2010 and the measures taken for sectorial policy reform in the hydrocarbon sector and our conclusions are that it has been favourable. (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…)
Foreign direct investment (FDI) is perhaps one of the most ambiguous and the least understood concepts in international economics. Common debate on FDI is confounded by several myths regarding its nature and impact on capital accumulation, technological progress, industrialization and growth in emerging and developing economies. It is often portrayed as a long term, stable, cross-border flow of capital that adds to productive capacity, helps meet balance-of-payments shortfalls, transfers technology and management skills, and links domestic firms with wider global markets. (more…)
Foreign Direct Investment, Investment Agreements and Economic Development: Myths and Realities
Foreign direct investment (FDI) is one of the most ambiguous and the least understood concepts in international economics. Common debate on FDI is confounded by several myths regarding its nature and impact on capital accumulation, technological progress, industrialization and growth. It is often portrayed as a long term, stable, cross-border flow of capital that adds to productive capacity, helps meet balance-of-payments shortfalls, transfers technology and management skills, and links domestic firms with wider global markets. However, none of these are intrinsic qualities of FDI. (more…)
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…)
Financing for Development Conference 2015: A View from the South
On 19 July 2014 the Open Working Group on Sustainable Development Goals (SDGs) of the United Nations agreed on a draft of a set of 17 Sustainable Development Goals, taking the first steps toward a renewed development agenda for after 2015. The effort to agree on the SDGs was the follow up to the Millennium Development Goals (MDGs), whose end-date is 2015. Aside from the 17 specific goals, the draft SDGs included 169 associated targets. (more…)