Memos and Briefing Notes

CCSI Submits Written Views to US Department of State Regarding UNCITRAL’s Working Group III

In connection with the US Department of State’s Annual Advisory Committee on Private International law meeting in May 2019, CCSI submitted written views (available here) regarding UNCITRAL’s Working Group III on ISDS reform. CCSI’s comments highlighted specific areas of CCSI’s research as it relates to the US Government and its work within the Working Group…. read more

Primer: International Investment Treaties and Investor-State Dispute Settlement

A printable version of this primer is also available here. [Updated as of May 31, 2019] What Are International Investment Agreements (IIAs)? IIAs are bilateral or multilateral treaties that commit state-parties to afford specific standards of conduct to foreign investors from the other state-parties. These treaties grant foreign investors certain benefits, including recourse to Investor-State… read more

Briefing for Grass-Roots Organizations – Bridging the Information Gap: How Access to Land Contracts Can Serve Community Rights

Land contracts (also known as investor-state contracts, or concession agreements) show what commitments a forestry, farming or renewable energy company has made and what the government has said the company can do on the land. These promises define the positive and harmful effects the company’s project could have on community members’ livelihoods and human rights,… read more

Towards G20 Guiding Principles on Investment Facilitation for Sustainable Development

Prepared for the T20 Task Force on Trade, Investment and Globalization, as an input into the 26-27 May 2019 G20 Summit chaired by Japan, this brief notes that there is growing support behind an international framework to facilitate investment for sustainable development. It suggests that the G20 consider adopting Guiding Principles on Investment Facilitation for Sustainable… read more

Business and Human Rights Arbitration

The Hague Rules on Business and Human Rights Arbitration, initiated by the Business and Human Rights Arbitration Working Group, a private group of international practicing lawyers and academics, aims to create an international private judicial dispute resolution avenue available to parties involved in business and human rights issues as claimants and defendants, thereby contributing to… read more

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