Reports and Policy Papers

Clearing the Path: Withdrawal of Consent and Termination as Next Steps for Reforming International Investment Law

This is a crucial moment in international investment policymaking. Two factors have converged, calling for a new direction. First, it has become increasingly difficult to justify investor-state dispute settlement (ISDS); even governments that had been among its strongest proponents are now changing course and have raised a range of fundamental, systemic and inter-related issues relating… read more

Costs and Benefits of Investment Treaties: Practical Considerations for States

This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set… read more

Report: 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

Critical Minerals For Green Technologies

Achieving the goals of the Paris Agreement requires the world to adopt ‘green technologies’ such as renewable energies and electric transportation at an unprecedented scale. While many countries have implemented policies to spur the adoption of such technologies, a lack of focus has been placed on the sourcing of minerals that are required as inputs…. read more

International Gas Outlook and Implications for Developing Tanzania’s Gas Projects

In the frame of its partnership with Uongozi – Tanzania, CCSI drafted a brief that reviews recent international gas developments, the outlook in this regard and implications for the development of proposed offshore gas projects in Tanzania. As the country aims to benefit from its gas discoveries by increasing its domestic gas use, it also outlines some… read more

The Role of IPAs in Advancing Sustainable Development

CCSI and the World Association of Investment Promotion Agencies (WAIPA) have released The Role of IPAs in Advancing Sustainable Development, summarizing survey responses of IPAs regarding sustainable foreign direct investment (FDI). The survey results indicate that IPAs recognize both the crucial role of FDI in advancing the Sustainable Development Goals (SDGs), and the role of… read more

Green Foreign Direct Investment in Developing Countries

The message is by now clear: our global economy must be fundamentally reoriented and redeployed in order to achieve the SDGs and the commitments of the Paris Climate Agreement. This requires action by all stakeholders, including non-financial and financial firms, debt and equity investors, government policymakers, and consumers. In terms of the amount of money… read more

Designing a Legal Regime to Capture Capital Gains Tax on Indirect Transfers of Mineral and Petroleum Rights: A Practical Guide

When a local asset (or a right relating to such asset) is sold, a country will generally have jurisdiction to levy a capital gains tax on the sale, both under domestic law and international treaty. This is called taxation of a “direct” transfer of a local asset. However, taxation becomes increasingly complicated when a company located… read more

Towards an Indicative List of FDI Sustainability Characteristics

Based on a review of 150 instruments, ranging from international investment agreements to codes of multinational enterprises, this paper identifies ten core characteristics of sustainable FDI and twenty emerging sustainable FDI characteristics widely accepted across ten stakeholder groups. The paper explores furthermore opportunities and mechanisms to advance the application of the sustainability characteristics. The FDI sustainability… read more

Guide to Land Contracts: Forestry Projects

Agricultural investment contracts and forestry projects can be complex, with complicated provisions that are difficult to understand. To assist non-lawyers in better understanding agricultural investment contracts, such as those available on OpenLandContracts.org, CCSI has developed a Guide to Land Contracts: Forestry Projects. This Guide, prepared by International Senior Lawyers Project staff and volunteers in collaboration with the Columbia… read more