Memos and Briefing Notes

Sustainable Investing: What’s on the Horizon

Sustainable investing, otherwise know as Environment, Social and Governance (ESG) investing, has become a significant part of the investment management industry since 2006. There is an increasing acceptance of the investment merits of investing with ESG considerations across large parts of the investment industry. The next era of ESG investing will witness an increase in… read more

Inconsistency’s Many Forms in Investor-State Dispute Settlement and Implications for Reform

UNCITRAL has a vital role to play in exploring problems with and potential reform of ISDS, and in considering how to ensure its work better promotes, and does not undermine, rule of law, other domestic and international commitments and policies, and the globally agreed Agenda 2030. As the process moves forward, it is essential for… read more

Updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects

CCSI, jointly with The Observatory for Sustainable Infrastructure, submitted comments to the UNCITRAL Secretariat regarding updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects. CCSI’s comments focused on the need for an updated guide, which will now refer to Public Private Partnerships, to holistically and systematically incorporate considerations of: (1) sustainable development and the SDGs, (2)… read more

Amicus brief on rights to information and public participation in Colombia

CCSI submitted an amicus brief to the Constitutional Court of Colombia concerning the Tutela hearing of Mansarovar Energy Colombia Ltd. v. Tribunal Administrativo del Meta (The Consulta Popular of Cumaral, Meta). The hearing concerned a challenge by Mansarovar Energy Colombia Limited of a municipal-wide referendum (the Consulta Popular) concerning whether or not the extraction of… read more

Agricultural Investments under International Investment Law

International investment law, based primarily on international investment treaties, plays an important role in the governance of investment in agriculture, forestry, and fishing. The obligations established by these treaties, and enforced by means of investor–state arbitration, can present challenges for policy-makers and others seeking to ensure that investments are sustainable, including by affecting the ways… read more

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.