Public international law bodies have developed various techniques that aim to ensure fairness in proceedings adjudicating the exceptional circumstances of armed conflict. Floriane Lavaud recently authored the article 'Evidentiary Challenges in the Context of Armed Conflict' in a special edition of the International Centre for Settlement of Investment Disputes (ICSID) Review – Foreign Investment Law Journal discussing the evidentiary challenges faced by parties litigating in the shadow of armed conflict.
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Thank you for this publication, Columbia Law School, Columbia Center on Sustainable Investment! Alas, despite the existence of such rights protection mechanisms as formal prior and informed consent ("FPIC"), local and indigenous voices in the Least Developed Countris are simply excluded from the inherent logic of the investment regime by design, whether it be in the extractive or land development sectors. As the report overseen by Ladan Mehranvar states, "<...> Even in situations where [the investment treaties] do give voice to their experiences outside of the investment law regime, ISDS proceedings have repeatedly undermined, impeded or entirely denied their ability to pursue access to justice. There are myriad ways in which this is done. The regime: . elevates the international laws that protect (and reward) investors’ economic interests and expectations over and above those that protect the rights, interests or expectations of local communities and the environment. . denies (or restricts) the involvement of impacted individuals and communities, even at the margins of ISDS proceedings, as amicus curiae . directly or effectively undermines legal outcomes obtained by impacted groups in other fora. It also minimizes or glosses over the violence experienced by individuals and communities that stand up to oppose harmful investment projects, preferring instead to emphasize shortcomings in substance and in process exhibited by host governments vis-à-vis foreign investors. . serves as a tool for foreign investors to circumvent legitimate domestic regulations that are aimed at protecting the public interest. Lisa Sachs #sdg1 #sdg10 #sdg12 #sdg13 #sdg16 #sdg17 #sustainableinvestment #corporatesustainability #greenwashing #indigenousrights
I am thrilled to announce the release of our latest report "How the International Investment Law Regime Undermines Access to Justice for Investment-Affected Stakeholders." 🎉 The report draws on a group of 13 #ISDS cases that relate to the rights & interests of local communities and identifies ways in which their #accesstojustice is undermined by the ISDS regime. For more information about our work on Access to Justice, visit us at: https://lnkd.in/eG4TGsVJ Columbia Center on Sustainable Investment Lisa Sachs Chris Albin-Lackey Lea Di Salvatore J. Anthony Vanduzer Ana Toimil Jessica Hennings Lena Raxter David R. Boyd Read the full report here: https://lnkd.in/e8fhnw5b
How the International Investment Law Regime Undermines Access to Justice for Investment-Affected Stakeholders
ccsi.columbia.edu
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Hello and welcome to Lecture 5A on the nature of international investment law. This is actually the 51st lecture of the lecture series on international investment law but according to the structure of this lecture series, it is lecture 5A as this lecture deals with the nature of international investment law and how the subject compares with other fields of law. #internationallaw #internationalarbitration #investment
Lecture 5A (51): Nature of International Investment Law
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Connecting you with FTI Consulting Experts | Business Development Strategist | Former Lawyer | LinkedIn Creator | Community Builder | Host of the Legal Genie 🧞♀️Podcast | Optimist
If you have an interest in Investment Treaty Arbitration then do take the time to read this article by Jonathon Redwood SC and Boxun Yin. I am sure they would welcome your feedback and also discussions on the most helpful reforms. #investmenttreaty #internationalarbitration
Jonathon Redwood SC has written an article with Boxun Yin of Banco Chambers in the eighth edition of The Investment Treaty Arbitration Review (The Law Reviews (TLR)). The article discusses how critical provisional measures can be in protecting the rights of a party during an investment treaty dispute. The significant increase in requests for provisional measures is considered and the question of practical function and enforceability of these measures is put under the spotlight. Jonathon comments: “This was an interesting article to pair with a very talented junior arbitration barrister, Boxun Yin. We have both been recently involved in interesting issues concerning appropriate provisional measures in investment treaty arbitrations. “The issues that we have dealt with highlighted to us that this is an aspect of investment treaty law that is unclear and in need of further clarification and reform. We hope that the overview we have provided is useful to practitioners in understanding some of the difficult issues that arise and may call for reform.” Read the article: https://lnkd.in/ebUcnFHf
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The relationship between indigenous peoples’ rights and the field of international law is intricate and gaining more attention. In her article, "Indigenous Peoples’ Rights in International Investment: An Ongoing Compartmentalization", Zoé Boirin-Fargues systematically sets out references to indigenous peoples in international investment law instruments and investor-state arbitration cases. She further identifies key issues and next steps to build a more inclusive yet consistent international investment law. The full article is now available online at https://lnkd.in/gk8R3DBu. #indigenous #rights #international #investment #law #ISDS #IIAs #JWITBrill #JWITAdvancedPublication
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A book by Dr. Abdallah Ali, JSD ‘22, has been published by Brill Publisher as part of Volume 25 of the Nijhoff International Investment Law Series. Dr. Ali’s book, "Stabilization and Renegotiation Clauses in State Contracts, National Law, and Investment Treaties," explores how host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment. #McGeorgeInternational #JSD https://lnkd.in/getyA-rY
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Arbitrator at Dubai International Arbitration Centre/ Director, Co-Founder of Resolve Academy
In the face of globalisation, investment relations have increased exponentially in recent decades. However, there are discrepancies in the interpretation of legal concepts relevant to international investment contracts, and there is no international standard to guide the contractual relationship between states and private investors. The ICC Institute of World Business Law and UNIDROIT's joint triennial project on International Investment Contracts (IICs) aims to develop guidelines to promote the modernisation and standardisation of international investment contracts. Looking forward to take part in the presentation which will explore the interaction between the UNIDROIT Principles of International Commercial Contracts (UPICC) and the ICC Model Clauses. ICC Arbitration UNIDROIT - International Institute for the Unification of Private Law #arbitration #commercial #contracts #icc #modelclauses
On Thursday 21 March, #UNIDROIT and the ICC Institute of World Business Law will present the ongoing joint project on the UNIDROIT Principles of International Commercial Contracts (UPICC) and International Investment Contracts, during the Paris Arbitration Week. More information about this event, including instructions to register, are available at: https://bit.ly/3Pk59Cu
International Investment Contracts (IICs) Study – Joint Project with UNIDROIT
2go.iccwbo.org
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When are Swedish companies protected under international law when investing abroad? And what protection do foreign investors enjoy in Sweden under bilateral investment treaties? Some answers may be available in this overview I provided for Global Arbitration Review, which I am happy to be able to share. Still got questions? Get in touch. This article was first published on Global Arbitration Review in September 2023; for further in-depth analysis, please visit the GAR Know-how Investment Treaty Arbitration 2023.
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CALLING ALL TRADE ENTHUSIASTS IN SEYCHELLES! Join us for the upcoming Executive course ‘Negotiation of Investment Agreements’ from Monday 4th to Friday 15th December 2023. This course provides an introduction to the dynamic field of international investment law, examining the evolution and the nature of the substantive disciplines, including standards and principles of investment protection, recent patterns of treaty-making and particularly investor-state dispute settlement and the evolving body of jurisprudence in investment arbitration. Learn more and register here - https://cutt.ly/LwQ9piJx #ESAMITrapca #TradeNegotitations #NegotiationsSkills #DisputeSettlement #DisputeResolutions #InternationalInvestment #InvestmentAgreement #Trade #TradeLaw #TradeFacilitation #CapacityBuilding #CapacityDevelopment #Sustainability
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