Reports and Policy Papers - Page 2

Linkages to the Resource Sector: The Role of Companies, Governments, and International Development Cooperation

With support from GIZ, CCSI prepared a report titled “Linkages to the Resource Sector: The Role of Companies, Governments, and International Development Cooperation.” It outlines options for how these stakeholders can increase the economic linkages to the extractive industries sector not only in terms of ‘breadth’ (number of linkages) but also in terms of ‘depth’… read more

A Policy Framework to Approach the Use of Associated Petroleum Gas

CCSI developed A Policy Framework to Approach the Use of Associated Petroleum Gas. Associated Petroleum Gas (APG) is a form of natural gas that is found associated with petroleum fields. APG is often flared or vented for regulatory, economic or technical reasons. The flaring, however, is problematic from health and environmental perspectives. Moreover, flaring and venting APG wastes… read more

Land Deal Dilemmas: Grievances, Human Rights, and Investor Protections

Land-based investments can create significant grievances for local individuals or communities, and host governments seeking to address those grievances must navigate a complicated landscape of legal obligations and pragmatic considerations. This report, funded by UK aid from the Department for International Development, focuses on practical solutions for governments confronting grievances that arise from large-scale investments… read more

Guide to Land Contracts: Agricultural Projects

Agricultural investment contracts can be complex, with complicated provisions that are difficult to understand. This Guide provides explanations for a range of common provisions, and includes a Glossary of legal and technical terms. It assists non-lawyers in better understanding agricultural investment contracts, such as those available on OpenLandContracts.org. The Guide was prepared by International Senior Lawyers Project… read more

Investment Treaties and Industrial Policy: Select Case Studies on State Liability for Efforts to Encourage, Shape and Regulate Economic Activities in Extractive Industries and Infrastructure

This paper, prepared in connection with a February 2014 conference organized by the UN Economic Commission for Africa, discusses some of the implications that investment treaties have for investments in infrastructure and the extractive industries. It focuses on liability for government conduct (1) in connection with tenders and negotiations; (2) when responding to questions regarding… read more

The TPP’s Investment Chapter: Entrenching, Rather Than Reforming, a Flawed System

In this policy paper, CCSI analyzes the Trans-Pacific Partnership (TPP) agreement’s Investment Chapter and responds to the USTR’s claims that the “TPP upgrades and improves ISDS” and “closes loopholes and raises standards higher than any past agreements.” Indeed, CCSI finds a number of problems from previous trade agreements that have been carried over into the TPP, and new provisions added to the TPP that do not appear in other US FTAs and that raise additional concerns.

The E15 Task Force on Investment Policy

The International Centre for Trade and Sustainable Development and the World Economic Forum had established the E15 Initiative, to examine the challenges faced by the international trade and investment regime. One of the project’s Task Forces dealt with investment policy. CCSI’s Karl P Sauvant was asked to be the Theme Leader of that Task Force,… read more

Natural Resource Contracts as a Tool for Managing the Mining Sector

In this report commissioned by the Bundesanstalt für Geowissenschaften und Rohstoffe (BGR) on behalf of the Federal Ministry for Economic Cooperation and Development (BMZ), CCSI examined the different types of legal regimes governing mining projects in 18 countries to gain a better understanding of mining deals granted and negotiated under different minerals regimes. CCSI compared the… read more

Ripe for Refinement: The State’s Role in Interpretation of FET, MFN, and Shareholder Rights

Over recent years, many states have taken steps to refine and modernize their investment treaties. These reforms, however, are typically only included in newer treaties or model agreements. States continue to be exposed to claims, litigation, and potential damages under older “old-style” agreements. These risks are particularly acute given that tribunals have often permitted investors… read more

Investor-State Dispute Settlement, Public Interest and U.S. Domestic Law

As negotiations are ongoing in the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP), CCSI staff and Jeffrey Sachs discuss the implications of investor-state dispute settlement (ISDS) for domestic law and policy, focusing on effects within the US. The paper concludes that the risks ISDS poses for domestic law are significant and… read more