Download or read book Integrating Sustainable Development Into International Investment Agreements written by John Anthony VanDuzer and published by Commonwealth Secretariat. This book was released on 2013 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

Download or read book A Model International Investment Agreement for the Promotion of Sustainable Development electronic Resource written by International Institute for Sustainable Development and published by International Institute for Sustainable Development = Institut international du développement durable. This book was released on 2004 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sustainable Development in World Investment Law written by Marie-Claire Cordonier Segger and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

Download or read book Integrating Sustainable Development in International Investment Law written by Manjiao Chi and published by Routledge. This book was released on 2017-10-10 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

Download or read book International Investment Agreements and Sustainable Development electronic Resource Achieving the Millennium Development Goals written by Cosbey, Aaron and published by . This book was released on 2005 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Will International Investment Rules Obstruct Climate Protection Policies written by Jacob Werksman and published by . This book was released on 2001 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rules governing the global environment and the international economy are currently decided in separate arenas. Yet, environmental agreements can have strong economic implications, particularly with the growing use of market mechanisms. Economic liberalization rules, meanwhile, may limit the effectiveness of environmental agreements. This Climate Note assesses the potential interaction between one important market-based environmental mechanism - the Clean Development Mechanism (CDM) - and the framework of international investment law.

Download or read book International investment agreements and sustainable development written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, IIAs were seen and sold as a development tool; developing countries that sign IIAs with capital exporting countries were expected to see significant inflows of investments due to the protections for foreign investors that the agreements provide.4 Regardless of the merit of such claims (examined in detail below), they miss the wider question: do IIAs actually contribute to the host c [...] Proportion of total developed country imports (by value IIAs and the MDGs 5 Target 14: Address the special needs of landlocked and excluding arms) from developing countries and LDCs, Countries and small island developing States (through admitted free of duties the Programme of Action for the Sustainable Development of Small Island Developing States and the outcome of the twenty-second special sess [...] IIAs and the MDGs 9 This leads to another thread common to many of the studies: the importance of domestic institutions. [...] On the other hand, he finds a number of ways in which it might in fact contribute to or exacerbate poverty, particularly by exposing the poor to the detrimental effects of financial crises (primarily in terms of reduced government spending and as a result of inappropriately tight fiscal policy). [...] The OECD Code of Liberalization for Capital Movements allows for certain types of restrictions where the economic and financial state of the host country so dictate, and for controls to stem balance of payments problems.

Download or read book Can International Investment Agreements Be Instruments of Sustainable Development Systemic Capacity Challenges for Developing Countries written by J. Anthony VanDuzer and published by . This book was released on 2019 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is girdled by a dense network of international investment agreements (IIAs). IIAs are not well-designed to promote investment, much less to contribute to sustainable development. Existing IIAs contain mainly broadly-worded investor protection provisions enforceable through investor-state arbitration. Despite IIAs' strong investor protections, however, investment inducing effects have not been clearly demonstrated. As well, investor protections have been interpreted in some investor-state cases to constrain the ability of states to regulate to achieve sustainable development. Experience with investor-state arbitration and the changing context in which IIAs are being negotiated has created an awareness of the strong bite of IIAs and encouraged increasing innovation in treaty models and some actual treaties that enhance the prospect that they will contribute to investment-led sustainable development. But many challenges impair the ability of countries, especially developing countries, to ensure that the treaties they sign support their sustainable development in light of their distinctive circumstances. In some cases, this is due to a lack of the technical capacity to assess the desirability of particular kinds of provisions, despite capacity building efforts of UNCTAD, the World Bank, and NGOs. As well, power imbalances continue to define the outcome of treaty negotiations between developed and developing countries. For many developing countries, competition for investment with similarly situated countries may also discourage an aggressive approach to IIA negotiations. This paper surveys some of the continuing systemic challenges for developing countries regarding the negotiation of and compliance with investment treaty obligations.

Download or read book Drafting and Interpreting International Investment Agreements from a Sustainable Development Perspective written by Claudia Salgado Levy and published by . This book was released on 2015 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of International Investment Agreements (IIAs) and treaty-based investment arbitration has raised concerns over the extent to which IIAs are actually fair and are able to balance the interests of foreign investors and States. The strong protections afforded by IIAs to investors may restrict the host State's ability to regulate for the public interest and potentially allow newly adopted public policies to be subject to compensation. Several economic transactions that have qualified as investments for treaty protection have fallen short of contributing to the host State's sustainable development. They have not added to the generation of employment and growth, the transfer of new technologies and knowledge or the strengthening of infrastructure. Nor have many of these economic transactions contributed to the home country's development. Moreover, regulatory measures adopted with the aim of fostering sustainable development (ie environmental measures) have been successfully challenged by investors. In some cases tribunals have interpreted these measures as creeping or indirect expropriations, therefore requiring compensation. Both the lack of consideration for the host State's interests under international investment law and the limitation to the State's policy space have been perceived as having negative implications for the development of the country, and in particular for the adoption of sustainable policies. Though little empirical evidence exists, it has been suggested that investment arbitration is a threat to the adoption of public policy regulations and may even have a 'chilling effect' on them.A possible way forward is the negotiation of a new generation of investment treaties, as well as the renegotiation and revision of the existing ones. These changes are needed in order to balance the interests of States and investors and to incorporate innovative features in light of the necessary policy space that States require in order to foster sustainable development through the application of dynamic social and environmental norms and regulations. Another alternative is the adoption of interpretative approaches, which ultimately foster sustainable development goals. The preferred options are the contextual and dynamic interpretation of the intention of the contracting States, as well as the systemic integration of international rules and norms into investor-State disputes.

Download or read book The Role of International Investment Agreements in Fostering Sustainable Development written by Wolfgang Alschner and published by . This book was released on 2013 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides a brief overview of recent UNCTAD research on the nexus between international investment treaties and sustainable development. After sketching the historic evolution and current trends in IIA treaty practice, it explores the linkages between IIAs and three areas of public policy-making that have been at the centre of UNCTAD's research and policy analysis with respect to IIAs and sustainable development. These include 1) combating climate change; 2) integrating investment and industrial policy; and 3) promoting responsible corporate behaviour. The paper concludes on the need for more inter-State cooperation to address the various challenges facing the IIA regime today and to enhance its sustainability dimension. In this context, UNCTAD's recently released Investment Policy Framework for Sustainable Development (IPFSD) can provide helpful guidance for the formulation of a new generation of more sustainable investment policy-making.

Download or read book Foreign Investment Law and Sustainable Development written by Lorenzo Cotula and published by . This book was released on 2014 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investment in agriculture and extractive industries is increasing pressures on land and natural resources. This handbook is about how to use law to make foreign investment work for sustainable development. It aims to provide a rigorous yet accessible analysis of the law regulating foreign investment in low and middle-income countries what this law is, how it works, and how to use it most effectively. Because several legal arenas are relevant to any given investment project, the handbook takes an integrated approach that cuts across areas of law typically treated in separate literatures including investment treaties, extractive industry legislation, land tenure, human rights, environmental legislation and tax law. For both government and civil society, the strategic use of a variety of legal tools is critical in harnessing the full potential of law. This book aims to support government officials in low and middle-income countries in their management of foreign investment for sustainable development, and to support civil society efforts to influence decisions and hold government and investors to account --

Download or read book International Investment Agreements Business and Human Rights Key Issues and Opportunities written by Mann and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Aligning International Investment Agreements with the Sustainable Development Goals written by Lise Johnson and published by . This book was released on 2020 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment agreements (“IIAs”) provide enforceable protections to foreign investors in order to stimulate investment flows and therefore sustainable development. However, as understandings of both the effectiveness of these agreements as well as the effects of investment and investment governance on sustainable development have evolved, it is not clear that IIAs as currently designed are fit for that purpose. This paper examines the alignment of IIAs with the 2030 Sustainable Development Agenda. This paper develops this examination in three ways. First, it proposes that IIAs should be designed and evaluated with respect to their ability to promote investments that advance sustainable development goals, and to withhold benefits from investments that undermine these goals. Second, it considers the effects of IIAs on policy-making processes and regulatory space, and cautions that current provisions in IIAs protect the interests of investors over those of other stakeholders and constrain states' abilities to regulate investments to conform with the public interest. Finally, it suggests that international agreements could and should do more to address transnational governance gaps, regulatory races to the bottom, and global commons problems, where international commitments related to the governance of investment could advance development outcomes. While the authors affirm the importance of foreign direct investment and international investment governance to achieve the 2030 Agenda for Sustainable Development, they argue that existing IIAs must be meaningfully reformed and future treaties reimagined in order to align with the sustainable development goals.

Download or read book Investment Treaty Law Sustainable Development and Responsible Business Conduct written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Investment and Sustainable Development written by Aaron Joseph Cosbey and published by International Institute for sustainable development. This book was released on 2004 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book looks at the role played by international investment agreements (IIAs) ... in fostering sustainable development."--Executive summary.

Download or read book Fair and Equitable Treatment in International Investment Agreements written by Marshall and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International investment law and sustainable development written by and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book summarizes and analyzes select decisions issued between 2000 and 2010 by arbitral tribunals in investor state arbitrations. In contrast to other books on bilateral investment treaties (BITs) and other investment agreements, it examines the decisions with the aim of highlighting how they may impact sustainable development.