Investment Law and Policy (new)

CCSI is following the negotiation and conclusion of investment treaties, and publishing research on trends and developments. Analysis of recent trends is compiled in the Yearbook on Investment Law and Policy.

CCSI is engaged in a comprehensive effort to examine the objectives of investment treaties – as they are and as they should be – and the best ways of achieving those objectives, zeroing in on ISDS in particular.

Committed to the belief that transparency in investor-state arbitration is fundamental for accountability, good governance, and the rule of law, elements which are, in turn, crucial for sustainable development, CCSI has been involved in the United Nations Commission on International Trade Law (UNCITRAL) proceedings to increase public access to information regarding disputes.

The Think20 (T20) is an initiative that brings together research institutes and think tanks from the G20 countries to develop policy recommendations within thematic Task Forces. CCSI staff member Lise Johnson was a member of the Trade and Investment Task Force, contributing to a Policy Brief presenting recommendations for the G20’s engagement with the multilateral... read more

The first effort to arrive at comprehensive and balanced rules governing the relations of governments and multinational enterprises were undertaken in the United Nations a few decades ago. The negotiations of a United Nations Code of Conduct on Transnational Corporations began in the late 1970s against the background of the quest for a New International Economic Order,... read more

Investment is a critical component of sustainable development. In particular, under the right conditions, foreign direct investment (FDI) can improve economic growth and living standards, create jobs, transfer technology and know-how and result in supply chain upgrading. However, its benefits are not automatic, and, if not carefully governed, investment can result in harm to the... read more

Contrary to SDG 10, which aims to combat inequality both within and among countries, levels of intra-national inequality in particular are on the rise in many countries. It is therefore timely and crucial to examine what factors are causing these gaps, and how they might be reduced. CCSI is examining the role of investment treaties... read more

CCSI is working to deepen and broaden understanding regarding the appropriate legal frameworks that can better ensure that public-private partnerships result in high quality, accountable, and sustainable infrastructure and related services.

With over 3000 international investment treaties in existence and governments continuing to negotiate and ratify additional bilateral and multilateral investment treaties, it is important to have a clear understanding of the implications of these investment treaties on investor protections and state liability, and the resulting balance of public and private interests that they strike. To... read more

International investment law, based primarily on international investment treaties, plays an important role in the governance of investment in agriculture, forestry, and fishing. CCSI partnered with IIED and IISD to produce a briefing note that explains how investment law affects these investments, and how policy-makers can navigate the challenges posed by current frameworks.

An ongoing stream of CCSI’s work is to follow developments with claims made and decisions issued in treaty-based investor-state arbitrations, and produce papers documenting these developments and highlighting their implications for environmental, social and economic policy.

While investment treaties are often said to be a means of attracting FDI to further sustainable development goals, the causal links are remarkably unclear and agreements can even frustrate governments’ efforts to advance sustainable development. CCSI is, on a confidential basis, advising governments on relevant issues, and also supporting other inter- and non-governmental organizations on related questions.

This project furthers research (1) on the types of performance requirements countries may want to use (or avoid using) in order to fully reap the benefits from investments by MNEs; and (2) the role of international investment agreements in promoting or restricting use of such performance requirements.

In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. This draft chapter, which will be published in the forthcoming Research Handbook on Human Rights and Business, provides an overview of the interaction between human rights law and the investment treaty regime and explores options for addressing the challenges that arise due to this interaction.

CCSI focuses on the intersection of international investment law and human rights law, and the impacts of their application for the most vulnerable of rights-holders. Among other things, this includes a specific focus on investment arbitrations, and their implications for the realization of human rights.

In May 2016, CCSI and the United Nations Special Rapporteur on the rights of indigenous peoples co-hosted a workshop on indigenous peoples and investment. The workshop brought together indigenous representatives, legal practitioners, academics, and other stakeholders to discuss how international investment and trade frameworks, and the international human rights law regime can be reformed to strengthen the rights of indigenous peoples.

CCSI submitted an application to file a written submission as an “other person” in Bear Creek Mining Corporation v. Republic of Peru. CCSI’s submission focused on a range of issues, including the implications of international human rights law for the interpretation and application of investment treaty standards.

CCSI examines how investment treaties (both their substantive standards and dispute settlement mechanisms) can, do, and should impact development and implementation of environmental policy, including, but not limited to, measures related to climate change. CCSI implements this project through a range of activities. These include: reviewing all publicly available investor-state arbitration decisions to identify implications... read more

While international investment can provide transfers of capital and technology that spread the use of environmentally sound products and processes, and enable countries to “leapfrog” more polluting phases of development, it can also give rise to certain environmental risks. For one, strategies that firms use to structure their operations across borders and the doctrine of... read more

As part of a two-year funded research project co-sponsored by the Earth Frontiers Seed Grant of Columbia’s Earth Institute and the UN Development Programme in Guinea, CCSI is conducting a legal review of the current environmental and political framework for regulating the mining industry in Guinea.

CCSI explains how the investor-state dispute settlement mechanism, made available to investors in thousands of bilateral and multilateral trade and investment agreements, may influence the future of environmental justice.

CCSI hosts an annual Spring or Fall Speaker Series on International Investment Law and Policy that brings practitioners and experts in the field of international investment law to highlight and explore timely and topical issues or developments in the field. This Series, which is open to and attracts a diverse audience including students, academics, and practitioners,... read more

CCSI conducts a rigorous annual two-week training program designed for public sector officials whose responsibilities relate to investment treaty negotiation or investor-state arbitration.

CCSI staff work with Law School administrators to build curricula around foreign direct investment issues.