Investment Law and Policy - Page 2

IIAs and Investor (Mis) Conduct

By Lise Johnson
January 14, 2020

The issue of investor responsibilities in investment law is – and should be — gaining prominence. Questions regarding whether and how investor responsibilities are, could, and should, be incorporated into or otherwise interact with international investment law and international investment agreements (IIAs) are a crucial part of the conversation regarding international investment law and policy, and reform thereof.

Access to Justice and Corporate Accountability for Investment-Related Harms: Opportunities and Limitations of the International Investment Regime

By Jesse Coleman
January 14, 2020

Can the investment regime be used to enhanced access to remedy and corporate accountability for human rights abuses in the context of international investment? If so, how?

Investor-State Mediation: An Opportunity to Advance Sustainable Outcomes

By Brooke Skartvedt Güven
January 3, 2020

Investor-state mediation is a mechanism that is increasingly considered as a way to resolve disputes between companies and their host-country governments. Mediation merits exploration precisely because it can be adapted by the parties to the circumstances of any particular investment-related issue and be used to support mutually-beneficial outcomes. In this way, its malleability should be viewed as a tool that, if properly used, could overcome the failures of the investor-state dispute settlement (ISDS) system evidenced by the current “legitimacy crisis” that ISDS faces. However, to the extent mediation’s flexibilities are used to facilitate processes or outcomes that sideline domestic legal processes, third-party rights and interests, and norms of democratic accountability and the rule of law, it will undoubtedly meet the same fate as ISDS.

Advancing Sustainable Development by Facilitating Sustainable FDI, Promoting CSR, Designating Recognized Sustainable Investors, and Giving Home Countries a Role

By Karl P. Sauvant, Resident Senior Fellow, Columbia Center on Sustainable Investment, and Evan Gabor, J.D. candidate, Columbia Law School. Foreign direct investment (“FDI”) can be an important vehicle for development. However, in recent years, the focus has not just been on development generally, but sustainable development specifically. Thus, this paper focuses on how countries… read more

Environmental Injustice: How Treaties Undermine the Right to a Healthy Environment

By Lisa Sachs, Ella Merrill, and Lise Johnson
December 9, 2019

Our planet faces unprecedented threats, including irreversible global warming, loss in biodiversity, and water pollution and water scarcity. The impacts of these environmental crises also threaten human rights and exacerbate inequality. Slowing these worsening environmental trends – and addressing the impacts of environmental change on populations – will require cumulative policy responses at the national and international level.

Webinar on Investment Treaties and Human Rights Law: Interactions and Recent Developments

Date: November 21, 2019
Location: Webinar

The US-China Trade Negotiation: A Contract Theory Perspective

Date: November 18, 2019, 12:10-1pm
Location: Columbia Law School, Jerome Greene Hall, Room 102A

Legal Frameworks & Foreign Investment: A Primer on Governments’ Obligations

Legal frameworks, and how they interact, are often invisible in the day to day. Yet they are powerful forces that influence government actions and that help to shape who benefits and who loses from foreign investment. Understanding these legal frameworks, and how they interact, is critical for anyone concerned with how foreign investment can be… read more

Reputational and Integrity Due Diligence on Investors

CCSI has long advocated in its trainings and advisory work for governments to perform due diligence on prospective investors. However, little guidance exists for governments on how to decide what level of due diligence is necessary, how to perform basic checks, and when to engage with third parties. CCSI has teamed up with Kroll to help fill this information gap with this guidance document.

ISDS Reform at UNCITRAL: Two Guiding Principles

By Lisa Sachs
October 16, 2019

To contribute to UNCITRAL’s work on these ISDS reform, CCSI, together with the International Institute for Environment and Development (IIED) and the International Institute for Sustainable Development (IISD), has submitted to the UNCITRAL process four documents outlining potential reform options and considerations.