Memos and Briefing Notes

Briefing: Governing Land Investments: Do Governments Have Legal Support Gaps?

In the wave of efforts to encourage and support more “responsible” land investments, one aspect has been largely overlooked: are governments equipped with the legal and technical support needed to effectively negotiate and conclude investment contracts that lead to responsible outcomes? CCSI researched how host governments access legal support in the planning, negotiation, and monitoring… read more

Comments on the World Bank’s Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement

In December 2017, CCSI sent comments to the World Bank regarding its Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. CCSI’s overarching comments on the Guidance Note were that: Its description of affected persons and their rights contradicts and undermines international consensus on land governance supported by the… read more

230+ Law and Economics Professors Urge President to Remove ISDS from NAFTA

CCSI helped launch a letter urging President Trump to remove ISDS provisions from NAFTA, signed by over 230 law and economics professors. As the letter notes, the ISDS mechanism “undermines the important roles of our domestic and democratic institutions, threatens domestic sovereignty, and weakens the rule of law.”

CCSI Submission to UN Special Rapporteur on Extreme Poverty Re: United States Country Visit

The United Nations Special Rapporteur on extreme poverty and human rights, Professor Philip Alston, will conduct a country visit to the United States in December 2017. In response to his call for input, CCSI sent a submission focused the United States’ role in the international investment regime, and the United States’ international investment agreements (IIAs), noting… read more

Comment on US Trade and Investment Agreements Submitted to USTR

CCSI, in response to the United States Trade Representative’s request for public comment to inform its performance review of US trade and investment agreements, submitted Comments that focused on the impact that investment protection provisions, enforceable through investor-state dispute settlement, have on rights-compliant, inclusive sustainable development within the United States and abroad.

Submission Regarding Amendments to the ICSID Arbitration Rules

In March 2017, CCSI submitted comments to the ICSID Secretariat regarding proposed revisions to ICSID’s arbitration rules. CCSI’s submission provided illustrative suggestions for amendments regarding the following issues: recognizing and safeguarding of the rights and interests of non-parties; improving transparency of the dispute resolution process; promoting transparency of ownership over investments; preventing actual and apparent… read more

The Settlement of Investment Disputes: A Discussion of Democratic Accountability and the Public Interest

In this briefing note, CCSI considers the threats to principles of good governance, including government accountability, respect for the rule of law, transparency, and respect for citizens’ rights and interests under domestic law and international human rights norms, that are posed by the settlement of treaty-based investor-state disputes. The authors also consider the exacerbated threats… read more

Briefing Note: A Collaborative Approach to Human Rights Impact Assessments

This briefing note, co-authored with the Danish Institute for Human Rights and the Sciences Po Law School Clinic, outlines a new approach to conducting human rights impact assessments (HRIAs) of business operations or projects, which brings together project-affected people, the company, and other stakeholders to jointly design and implement an assessment. The aim of this… read more

Public Consultation on a Multilateral Reform of Investment Dispute Settlement

In March 2017 CCSI made a submission to the European Commission (EC) in response to its “Public consultation on a multilateral reform of investment dispute settlement.” CCSI’s submission consisted of a response to the form questionnaire created by the EC and a supplementary “Position Paper” to explain in greater depth CCSI’s views on the EC’s proposed… read more

How Oil and Gas Companies Can Help Meet the Global Goals on Energy and Climate Change

The sustainable development goals (SDGs) and the Paris Agreement lay out a global consensus on the need to curb human-induced climate change and to achieve sustainable development. These concepts are linked. The urgency of addressing climate change is critical for global efforts to reduce poverty and advance sustainable development, but also climate-change mitigation must be… read more