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…)
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…)
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…)
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…)
Input of the South Centre to the Report of the Secretary-General on the Implementation of UN General Assembly Resolution 69/5 dated 28 October 2014 on the Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba
On 28 October 2014, the United Nations General Assembly approved by an overwhelming vote of 188-2 a resolution (Resolution 69/5 ) reiterating its long-standing call upon all States to refrain from promulgating and applying unilateral economic and trade measures by one State against another that affect the free flow of international trade, referring in particular to the United States’ 1996 “Helms-Burton Act”, whose application has had extraterritorial effects that affect that sovereignty of other States, the legitimate interests of persons under their jurisdiction and the freedom of trade and navigation. (more…)
Obstacles to Development in the Global Economic System
I. Obstacles to Development Arising from the International System
As the international community wades into the political discussions regarding the alternatives to the Millennium Development Goals (MDGs) after 2015 and the design of the Sustainable Development Goals (SDGs) as mandated by the Rio+20 conference, it is timely to consider the question of whether development is a matter mostly of individual effort on the part of nation-states or whether there are elements in the international economic system that could serve as significant obstacles to national development efforts. (more…)
The EU-CARIFORUM EPA: Regulatory and Policy Changes and Lessons for Other ACP Countries
This note assesses the state of play of EPA implementation in the CARIFORUM region. It shows that the regulatory, legislative and policy changes necessary for EPA implementation in the areas of trade in goods and services are at varying stages of implementation among member states, with many countries being very far from fully implementing the agreement. (more…)
Trade and Investment Agreements—Barriers to National Public Health and Tobacco Control Measures.
An arbitral tribunal is expected to issue soon a decision on jurisdictional matters in a case brought by Philip Morris against the government of Uruguay. The claim, based on a bilateral investment treaty (BIT) between that country and Switzerland, challenges packaging and labeling requirements for cigarettes adopted by Uruguay to reduce tobacco’s consumption. (more…)
Summary overview of the recent development of the agenda of financial reform.
A cursory read of the FSB’s report on progress in the implementation of G20’s reform agenda indicates how vast the agenda has become. Agreement on the international agenda is being accompanied by measures implementing this agreement at national level and at the level of the EU. (more…)
Legal Analysis of Services and Investment in the Cariforum-EC EPA: Lessons for other Developing Countries.
This Research Paper is a legal analysis of the EC-Cariforum Services and Investment Chapter. It demystifies the many complex technical details in the EPA text and illustrates where this services and investment template goes beyond the WTO’s GATS. The paper highlights implications for other developing countries embarking on similar negotiations with the EU. (more…)
IP rights under investment agreements: The TRIPs-plus implications for enforcement and protection of public interest.
The proliferation of investment and IP agreements raises fundamental questions on the relationship between such agreements and the implementation of national policies for economic development. (more…)
Intellectual Property in Investment Agreements: The TRIPS-plus Implications for Developing Countries.
This analytical note examines, in particular, the implication of the emerging approaches relating to the fair and equitable treatment and the national and mostfavoured nation (MFN) treatment in investment agreements for the overall regimes for the protection and enforcement of IP in developing countries. (more…)
