reformed ISDS

The need for a Southern Observatory on transnational investment

18-May-2016 IISD

The objective of the Observatory is to become a forum for the objective settlement of investment disputes with transnational corporations.

Why developing countries are dumping investment treaties

25-Mar-2016 The Conversation

Bilateral investment treaties have been a source of political controversy in recent years. This is clear from the alarming increase in the number of disputes between investors and governments.

The gold-plated CETA: whose gold and at what cost?

17-Mar-2016 IISD

Does the agreement reflect 21st century needs and standards?

Is ISDS in EU trade agreements legal under EU law?

15-Mar-2016 IISD

The legality of investor–state dispute settlement (ISDS), including in the form of an Investment Court System (ICS), in EU trade agreements under EU law is a contentious issue among academics and legal experts.

A CETA investment court is not the solution

7-Mar-2016 The Globe and Mail

This is one of the problems with this regime of investor rights. It confers enormous discretion on an elite corps of lawyers.

CETA announcement shows it’s possible to fix trade deals

4-Mar-2016 Huffington Post

Corporations can still sue governments over public policy decisions they don’t like but the real lesson from the ISDS reforms, in fact, is that public opposition and political mobilization can change things.

The seven sins of the EU investment court

1-Mar-2016 EU Observer

Despite all the talk of reform from commissioner Malmstroem, the threat to democratic decision-making is as alive and dangerous as ever.

CETA: EU and Canada agree on new approach on investment in trade agreement

29-Feb-2016 European Commission

The European Commission and the Canadian Government have agreed to include a new approach on investment protection and investment dispute settlement in CETA.

Investment court system, ISDS in disguise: 10 reasons why the EU’s proposal doesn’t fix a flawed system

18-Feb-2016 Friends of the Earth Europe

The European Commission has proposed a new ’Investment Court System’ to replace the current investor to state dispute settlement mechanism (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) and other future investment deals.

Canada re-opens investment talks with India

17-Feb-2016 Embassy

Canada’s government has officially re-opened negotiations with India over a bilateral investment treaty the two sides nearly agreed upon almost a decade ago.

Conciliation and arbitration law: Times of change in investment protection in Bolivia

15-Feb-2016 IISD

Bolivia’s experience has shown that attracting foreign investment does not by itself generate the expected development for host states and that, rather, it consists in a mechanism for financing and transferring resources from the South to the North.

Negotiations kick off on a binding treaty on business and human rights

15-Feb-2016 IISD

The UNGPs set out a three-pillar framework: the state duty to protect human rights, the corporate responsibility to respect human rights, and access to remedy for victims of business-related abuses.

The whole BIT

11-Feb-2016 Business Today

The revised model text for bilateral investment treaties has addressed many concerns, but to avoid litigations, India must renegotiate existing treaties on the basis of the new norms.

Opinion on the establishment of an investment tribunal in TTIP

3-Feb-2016 DRB

The German Magistrates Association rejects the proposal of the European Commission to establish an investment court within the framework of the Transatlantic Trade and Investment Partnership.

India’s new BIT and arbitration law send mixed signals to foreign investors

21-Jan-2016 Lexology

India’s new model BIT text follows the trend of divergent approaches to investment treaty-making by focusing on a more defensive-minded strategy than in its prior treaties.

South America forms alternative to free trade kangaroo courts

21-Jan-2016 Tele Sur

Experts from UNASUR met in the Uruguayan capital Montevideo in order to finalize and sign agreements regarding the proposed center for investigation of international settlement dispute cases.

ANALYSIS: In final version of its new model investment treaty, India dials back ambition of earlier proposals – but still favors some big changes

6-Jan-2016 IA Reporter

Following the release in April of 2015 of a draft model investment treaty, the government of India unveiled a final version of its proposed negotiating text.

American mining giant escaped Indonesian law with ISDS

30-Dec-2015 IPS

American mining corporation Newmont escaped the domestic processing requirement from Indonesia’s 2009 Mining Law. It achieved this by using a clause in a Dutch investment treaty.