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…)
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…)
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…)