The South Centre Monthly, December 2018
This update provides a snapshot of the publications and social media activities of the South Centre during the month of December 2018.
Investor-State Dispute Settlement (ISDS) System
Investment Policy Brief 13, December 2018
IP Licence, Trademarks and ISDS: Bridgestone v. Panama
By Pratyush Nath Upreti
Can an intellectual property right or a license authorizing its use be deemed an ‘investment’ under bilateral investment treaties? This policy brief discusses the arguments submitted by the parties in the Bridgestone Licensing Services, Inc. and Bridgestone Americas, Inc. v. Republic of Panama case on questions regarding a trademark license agreement. Bridgestone Licensing Services, Inc. (BSLS) and Bridgestone Americas, Inc. (BSAM) together initiated arbitration proceedings on the grounds that Panama’s Supreme Court decision was unjust and arbitrary, violated Panama’s obligations under the United States-Panama Trade Promotion Agreement (TPA), expropriated their investments, and violated the requirement of fair and equitable treatment (FET) to BSLS’s and BSAM’s investments.
Investment Policy Brief 12, December 2018
Investor-State Dispute Settlement: An Anachronism Whose Time Has Gone
By Johannes Schwarzer
Investor-State Dispute Settlement (ISDS) – a mechanism that allows foreign investors to bring claims against host governments to an international arbitral tribunal – is a relic that should be abolished. Its alleged benefits have not materialized and its costs – monetary and other – can represent a formidable obstacle to good economic governance. We recommend policymakers to terminate ISDS provisions in existing agreements and eschew them in future trade and investment treaties.
SC WIF 2018 Side Event, October 2018
Title: Reforms and Alternatives for the Future of the International Investment Treaty Regime; Views for the Way Forward
Date and Time: Tuesday, 23 October 2018, 12:30-14:30
Venue: Room XXII of the Palais des Nations
Organizer: The South Centre
Investment Policy Brief 11, May 2018
The Cooperation and Facilitation Investment Agreement (CFIA) in the context of the discussions on the reform of the ISDS system
The Brazilian Cooperation and Facilitation Investment Agreement (CFIA) model establishes an alternative approach to dispute resolution. This does not mean, however, that the CFIA is silent with regards to possible disputes arising from breaches to the agreement and/or claims by investors. Based on the premise that the investment regime between two or more countries is a positive-sum game, in which all parties involved win, the CFIA presents an approach based on the prevention of disputes.
11th Annual Forum of Developing Country Investment Negotiators, 7-9 February 2018
Title: 11th Annual Forum of Developing Country Investment Negotiators
Date: 7-9 February 2018
Venue: Nairobi, Kenya
Organizers: Kenya Investment Authority (KenInvest), the International Institute for Sustainable Development (IISD) and the South Centre
SouthViews No. 100, 8 January 2014
When Foreign Investors Sue the State
By Martin Khor
The investor-state dispute system, whereby foreign investors can sue the government in an international tribunal, is one of the issues being negotiated in the Trans-Pacific Partnership Agreement and other free trade agreements.
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SouthViews No. 100, 8 January 2014
When Foreign Investors Sue the State
By Martin Khor
The investor-state dispute system, whereby foreign investors can sue the government in an international tribunal, is one of the issues being negotiated in the Trans-Pacific Partnership Agreement and other free trade agreements. In the recent public debate surrounding the Trans Pacific Partnership Agreement (TPPA), an issue that seems to stand out is the investor-state dispute settlement system (ISDS). It enables foreign investors of TPPA countries to directly sue the host government in an international tribunal. (more…)