This blog was originally published on Illuminem, and has been co-authored with Rhian-Mari Thomas. She is the CEO...
The global transition to renewable energy systems will be mineral intensive and, under the current linear economy conditions,...
Providing resources and support to government delegates participating in the negotiations—towards transparency, accountability, sustainable development, and the protection of the public interest
Since receiving its mandate in 2017, UNCITRAL’s Working Group III on Investor–State Dispute Settlement (ISDS) Reform (WGIII) has been tasked with identifying and addressing concerns related to the ISDS system embedded in international investment agreements—a system that allows foreign investors to directly sue States for alleged treaty breaches, often with significant implications for public policy and regulatory space.
Over the past several years, WGIII has acknowledged widespread concerns with ISDS, including:
In addition, the Working Group has identified a set of cross-cutting and systemic issues for reform consideration, including:
For a full overview of the UNCITRAL Process, watch this video. Slides for this overview can be found here.
CCSI participates as an observer organization in WGIII and provides resources and guidance to support government delegates participating in the negotiations.
As part of its contributions to the UNCITRAL WGIII reform process, CCSI has made multiple submissions and interventions to support reforms grounded in transparency, accountability, sustainable development, and the protection of the public interest. Our work has emphasized the importance of safeguarding the right to regulate, addressing the risks posed by third-party funding, and ensuring that the reform process reflects the needs and priorities of developing countries, including through more equitable opportunities for meaningful participation in negotiations.
Historically, CCSI has hosted preparatory sessions for delegates from low- and middle-income countries to help them consider issues to be discussed at forthcoming WGIII Sessions. CCSI also hosted two stakeholder sessions on the UNCITRAL ISDS Reform Process, during which the general public was invited to present views on ISDS reform at UNCITRAL to government negotiators. More information about these preparatory and stakeholder sessions can be found in the materials below.
With WGIII now deep into the final phase of its mandate—focused on developing and finalizing draft legal texts—CCSI continues to engage with States and stakeholders to promote reforms that genuinely address, rather than reinforce, structural asymmetries. This includes ongoing analysis of cross-cutting and procedural issues such as shareholder claims, the right to regulate, regulation of third-party funding, and the assessment of damages, among others.
International Investment Law / Blog
Over 60 governments, and various representatives from civil society, the private sector, and academia are in Vienna at the...
Access key publications, tools, training programs, and learning materials related to this project.
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International Investment Law / Report
In 2017, Working Group III (WGIII) of the United Nations Commission on International Trade Law (UNCITRAL) was tasked...
+2International Investment Law / Training materials
Assessing the actual - and ideal - role of international law in influencing and governing international investment, and looking at the costs, ben...
CCSI provides analysis and policy considerations to support governments and their stakeholders in determining whether—and how—they can termin...
