Tim Samples, Associate Professor of Legal Studies, Terry College of Business at the University of Georgia
Sebastian Puerta, Ph.D. Student, Economics, University of California, Berkeley
Daniel Uribe, Lead Programme Officer, The South Centre
Diana Rosert, Economic Affairs Officer, UNCTAD
Ana Maria Ordoñez Puentes, Directora Dirección de Defensa Jurídica Internacional, Agencia Nacional de Defensa Jurídica del Estado de Colombia
Moderator: Lisa Sachs, Director, CCSI
Opening Remarks: Carlos María Correa, Executive Director, The South Centre
A recently published paper titled “Investment Law’s Transparency Gap” by Sebastian Puerta and Tim Samples highlights that transparency in investment treaty arbitration (ITA) is persistently low. The authors use predictive modeling to illuminate ITA activity, estimating an unreported $186 billion in claims and $15 billion in awards.
This session discussed these transparency gaps in ISDS, in terms of unreported claims and awards. Sebastian Puerta and Tim Samples briefly presented their research findings on the topic, followed by a moderated discussion with representatives from the South Centre, UNCTAD, and Colombia’s National Agency for Legal Defence of the State.
This session was co-organized and hosted with the South Centre.
Irene González Pijuan, Researcher and Campaigner, Ingeniería sin Fronteras (Engineers without Borders) and Alianza contra la Pobreza Energética (Alliance against Energy Poverty)
Rodrigo Iruzun, Energy Policy Expert, Member of Ecologistas en Acción
Juan Castro-Gil Amigo, National Secretary, ANPIER - Asociación Nacional de Productores de Energía Fotovoltaica (National Association of PV Energy Producers)
Rafeal Gil Nievas, Professor of International Arbitration; Counsel, Eversheds Sutherland; Former Deputy Head of Arbitration, Government of Spain
Moderator:Lucía Bárcena Menéndez, Project Officer, Economic Justice program, Transnational Institute
There is a need for the critical mass scale-up of investment into renewable energy sources and sectors in order to transition to a net-zero energy system while ensuring universal and affordable energy access to all. It is therefore imperative to use various economic, financial and regultory tools to incentivize investment into renewable energy. One of the tools being promoted to spur cross-border investment are investment treaties, like the Energy Charter Treaty (ECT). Yet, decades of research have failed to demonstrate the link between investment treaties and investment flows. In fact, recent country experiences have demonstrated the harmful impact of these treaties in limiting the flexibility of governments to regulate in the public interest. In this panel, the discussion will center on the following question: “Has the ECT accelerated investments in renewables? Learning from the Spanish Cases.” This session was a moderated discussion with advocates, attorneys, experts, and government officials from Spain.
This session was co-organized and hosted with Transnational Institute (TNI).
There was Spanish and English simultaneous translation during this event.
Ladan Mehranvar and Lise Johnson presented their research findings on the topic, followed by a moderated discussion with representatives from Costa Rica, USA, and Spain. Professor Van Harten moderated the discussion.