Trends in Investment Treaties and Arbitration
CCSI monitors current developments in international investment law and policy, focusing on trends in foreign direct investment (FDI), international investment agreements, and investment disputes, as well as the central issues in contemporary discussions over international investment law and policy.
Relevant works include: Yearbook on International Investment Law and Policy
- Most Yearbook editions include a CCSI-authored chapter analyzing developments in treaty drafting and new models. These chapters can be accessed on the Yearbook page.
Commentary on Trends and Developments
Investment policy is complex and shifting: The past ten years have seen negotiation of "megaregionals" such as the Trans-Pacific Partnership Agreement and the Regional Comprehensive Economic Partnership Agreement. We've also seen renegotiations, such as of the North American Free Trade Agreement and the Energy Charter Treaty, and dramatic shifts in direction.
Relatedly, we are seeing the continued growth of the investor-state dispute settlement (ISDS) industry, and a growing number of cases using ISDS to challenge government conduct.
CCSI follows, analyzes, and comments on key developments. Some of our relevant work is included below.
- Briefing Note: Modern Provisions in Investment Treaties (July 2020, prepared for workshops on investment protocol to the African Continental Free Trade Area)
- An online training session for public sector officials on New Models and Approaches, delivered during CCSI’s virtual Executive Training on Investment Treaties and Arbitration for Government Officials (July 2020).
- Briefing Note: Beyond Trade Deals: Charting a Post-Brexit course for UK investment treaties
- Briefing Note: New Weaknesses: Despite a major win, arbitration decisions in 2014 increase the US’s future exposure to litigation and liability
- Article: Getting to Win-Win: FTAS in the Americas
- Blog: Mobil v Canada: Ratcheting down the scope of treaty reservations
- Briefing Note: The 2012 US Model BIT and What the Changes (or Lack Thereof) Suggest about Future Investment Treaties
- Blog: Should the European Union Fix, Leave or Kill the Energy Charter Treaty?
- Page: 230+ Law and Economics Professors Urge President to Remove ISDS from NAFTA
- Page: 220+ Law and Economics Professors Sign Letter Opposing ISDS in the TPP