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April 2017 Newsletter

Dear Colleagues,

The Columbia Center on Sustainable Investment (CCSI) is pleased to update you on several events, recent publications and projects at the Center. Please check our website for more information about these and other activities.

Announcements and Publications Upcoming Events Past Events

Executive Trainings

In the News

Announcements and Publications


CCSI Submissions on the EU's Proposed Multilateral Reform of Investment Dispute Resolution and ICSID's Rule Revisions
In March 2017, CCSI submitted comments on the European Union's (EU's) proposed Multilateral Investment Court (MIC) and Multilateral Investment Tribunal (MIT). CCSI's submission underscored the need for consideration of additional alternatives for the resolution of investment disputes beyond investor-state dispute settlement and the proposed MIC/MIT system. In particular, CCSI's submission noted that the MIC/MIT proposal fails to provide a mechanism for reforming the substantive standards applicable to investment disputes, and continues to provide a parallel and privileged system for foreign investors. CCSI's submission calls for greater focus on meaningful reform of the investment regime, including a fundamental reassessment of the role international law plays in advancing investment that promotes sustainable development. 
Also in March 2017, CCSI submitted comments to the International Centre for Settlement of Investment Disputes (ICSID) Secretariat regarding proposed revisions to ICSID's arbitration rules. CCSI's submission provided illustrative suggestions for amendments to the ICSID arbitration rules regarding a range of issues, including: recognizing and safeguarding of the rights and interests of non-parties; improving transparency of the dispute resolution process; preventing actual and apparent conflicts of interest; addressing concerns raised by third-party funding; and ensuring legitimacy of settlement agreements

Rethinking Investment Incentives: Trends and Policy Options- A New Short Video Series
The use of incentives to attract investment is connected to and impacts the most pressing challenges facing us today, including climate change, corruption, conditions/availability of employment, harmful competition, and inefficient public spending. How, when, where, and why governments use incentives to attract, keep and influence investment is therefore critically important to whether and how society benefits from investments and to other public policy decisions and trade-offs. It is increasingly apparent, however, that the use of incentives is not well understood—including by the policy makers who use them—which necessitates a closer look and, in many cases, a policy response.
 
These issues are addressed systematically in Rethinking Investment Incentives: Trends and Policy Options (2016), published by Columbia University Press in July 2016. CCSI is now launching a series of short videos from the book’s authors, summarizing the important messages from each chapter. The first two videos, featuring Ana Teresa Tavares-Lehmann and Sarianna Lundan, have already been posted. New videos will be posted weekly.

The New Frontiers of Sovereign Investment
This soon-to-be-released volume (Columbia University Press, forthcoming May 2017), edited by CCSI Fellow Malan Rietveld and CCSI Head of Extractive Industries Perrine Toledano, combines the insights and experience of academic economists and practitioners from several sovereign wealth funds (SWF) to survey a diverse financial landscape and to establish the challenging topical questions facing a broad range of SWFs today: Should they serve both economic development and financial returns—and how? Will responsible investment will enhance long-term returns? How can fiscal rules for SWFs be improved to meet emerging economic challenges? The book considers these questions as they apply to both long-established and newer SWFs. Featuring contributions from sovereign wealth practitioners from Alberta’s Investment Management Corporation, the Nigerian Sovereign Investment Authority and the New Zealand Superannuation Fund, as well as analysis by scholars at the forefront of sovereign investment, this volume provides timely and much-needed information on these rapidly evolving institutions.

A Collaborative Approach to Human Rights Impact Assessments
CCSI, in partnership with the Danish Institute for Human Rights and the Sciences Po Law School Clinic recently published a discussion paper on a Collaborative Approach to Human Rights Impact Assessments (HRIAs) of private sector investment projects. This discussion paper sets out a robust model for a collaborative approach to HRIAs that involves project-affected people and the company, and potentially other stakeholders, in jointly undertaking an HRIA that is considered credible by all sides and can help to address the power imbalances that often exist between companies and communities. The paper is the result of a two-year long project, supported by The Tiffany & Co. Foundation, and is based on extensive desktop research, interviews with 49 people with relevant experience, as well as a roundtable that brought together over a dozen stakeholders and HRIA experts to provide feedback on the research findings and recommendations. The discussion paper is also summarized in this briefing note.

Logging, Mining, and Agricultural Concessions Data Transparency
The World Resources Initiative recently published a working paper on Logging, Mining, and Agricultural Concessions Data Transparency: A Survey of 14 Forested Countries, which was co-authored by CCSI Legal Researcher Sam Szoke-Burke and based in part on analysis of concession agreements conducted by CCSI. The paper gives an overview of the availability of information for land concessions in 14 forested countries, with a focus on open spatial information, laws governing the disclosure of concessions data, and the completeness and quality of concessions data across countries and sectors. 

Upcoming Events

April 26, 2017: Webinar on Using Tools to Advance Transparency in Land-Based Investments
CCSI and the Open Government Partnership (OGP) Openness in Natural Resources Working Group will host a webinar on Using Tools to Advance Transparency in Land-Based Investments on Wednesday, April 26, 2017, 9 am Eastern Standard Time. The webinar will feature a presentation by CCSI's Sam Szoke-Burke on OpenLandContracts.org and by the World Resources Institute’s Jessica Webb on Global Forest Watch. The webinar is aimed at stakeholders—including representatives from government, civil society and the private sector—who work on, or are interested in, transparency around land use, land governance and land investments. It will include a discussion on current trends, opportunities and challenges regarding land transparency and land investment, including how OpenLandContracts.org  and Global Forest Watch can be used to increase transparency and improve the implementation of land investments, before engaging in an interactive Q&A session with audience members. The webinar builds on last year’s OGP Global Summit panel on “Improving Openness and Transparency in Land-Based Investments.” To RSVP, click here, and to access the Webinar on April 26, please click here (Meeting number: 731 437 111; password: mkaqyKs2).
 
May 11-12, 2017: Asia FDI Forum III: China-European Union Investment Relationships
Two global economic powers: the European Union (EU) and the People's Republic of China (PRC) started negotiating in 2014 what could be the largest Bilateral Investment Treaty (BIT) ever concluded.  A BIT between the PRC and the EU will cover the investment activity of two billion people, easily making it one of the most influential international investment treaties in the world. The Asia Foreign Direct Investment (FDI) Forum III will gather top academia, government, corporate and civil society practitioners in Hong Kong to explore the various legal and policy implications of the treaty currently under negotiation, discuss regional investment trends and highlight specific features of China's and EU's investment treaties and policies. The event, organized by the Faculty of Law of the Chinese University of Hong Kong, the Centre for Financial Regulation and Economic Development, the Columbia Center on Sustainable Investment, and Tsinghua Law School; with the support of UNCITRAL, World Economic Forum, Institute of European Studies in Macao, and DotTrademark, will produce both attentive analysis and new proposals. 

Past Events

March 20-24, 2017: CCSI at the World Bank Land and Poverty Conference
CCSI participated in three panels at this year’s Land and Poverty Conference in Washington, D.C. on March 20-24. CCSI’s Head of Land and Agriculture Kaitlin Cordes presented a paper entitled “Is This Really Benefit Sharing? Understanding Current Practices Around Community-Investor Agreements Tied to Land Investments;” Legal Researcher Sam Szoke-Burke presented on "Mechanisms for Consultation and Free, Prior and Informed Consent (FPIC) in the Negotiation of Investment Contracts;” and Legal Researcher Jesse Coleman presented on "Articulating a Rights-Based Argument for Land Contract Disclosure.” Sam Szoke-Burke also gave a Lightning Talk on OpenLandContracts.org, a repository of investor-state contracts for commercial agriculture and forestry projects, and Jesse Coleman co-taught a MasterClass on "Land Contracts: Tools and Strategies for Greater Transparency and More Responsible Investments” with the International Institute for Sustainable Development (IISD).  

April 1, 2017: Building Bridges and Breaking Barriers: The Columbia African Economic Forum
CCSI’s Senior Economics and Policy Researcher Nicolas Maennling spoke on the Harnessing Regional Integration panel of the Columbia African Economic Forum, exploring the current bottlenecks to increase intra-regional trade and future opportunities for greater cooperation on the continent. Nicolas’s contribution to the panel was focused on the role of extractive industry investments in furthering partnerships, and how the sector could benefit from greater integration. Findings were presented from the “Breaking out of Enclaves” report in which CCSI and the World Bank analysed several resource corridors in Africa.
 
April 3-4, 2017: Designing the MSI of the Future: A Research Workshop on Multi-Stakeholder Initiatives 
CCSI’s Sam Szoke-Burke spoke at Occidental College on a panel on “Power dynamics and trust,” where he discussed the discussion paper on a Collaborative Approach to Human Rights Impact Assessments, co-authored by CCSI, the Danish Institute for Human Rights and the Sciences Po Law School Clinic. The panel took place at a research workshop on multi-stakeholder initiatives co-organized by the John Parke Young Initiative on the Global Economy at Occidental College, the Human Rights Program at Harvard Law School and Multi-Stakeholder Initiative Integrity.
 
April 7, 2017: Moving Toward a “Global Super Court”?: Examining and Reshaping Investor-State Arbitration
Kaitlin Cordes presented on a panel examining the protection of investments and human rights in developing nations. Among other points, Kaitlin discussed the Center’s experience applying to submit an amicus brief that raised human rights arguments, as well as findings from the Center’s 2016 report on Land Deal Dilemmas: Grievances, Human Rights, and Investor Protections. The panel was part of the Loyola University Chicago Law Journal Symposium.

April 11, 2017: Third Party Funding in International Arbitration: Legal and Ethical Considerations
Head of Investment Law and Policy Lise Johnson presented on a panel on legal-ethical concerns of third-party funding, discussing a framework for evaluating whether and under what conditions third-party funding should be permitted in investor-state arbitration. Her presentation highlighted implications of third-party funding for investor-state relations, on the filing of marginal claims and on the development of investment law.  The panel was part of the 14th Annual ITA-ASIL Conference in Washington, DC. 

April 16-22, 2017: Training for Tanzanian Government on Oil and Gas Management
Prompted by the negotiation of the Uganda-Tanzania pipeline, in collaboration with the United Nations Development Programme Tanzania Country Office and the Tanzanian Ministry of Energy and Minerals, CCSI organized a training for Tanzanian government officials responsible for the oil and gas sector. The program, held in Arusha, covered the legal and fiscal framework governing the oil and gas activities from upstream to downstream as well negotiation skills and techniques.

Executive Trainings

June-August 2017: Executive Trainings on Extractive Industries, Sustainable Investment in Agriculture, and Investment Arbitration
We are looking forward to our three Executive Trainings this summer on 
Extractive Industries and Sustainable Development (June 5-16, 2017), Sustainable Investments in Agriculture (July 12-21, 2017), and Investment Arbitration for Government Officials (July 31-August 10, 2017). Each program is designed to equip participants with the necessary skills, analytical tools, and frameworks to address relevant challenges and opportunities, and to encourage a rich dialogue about best practices from around the globe. More information about each training, including brochures and applications, are available at the links above. Participants will receive a Statement of Attendance from Columbia University.

In The News

Coal Mining Jobs Trump Would Bring Back No Longer Exist
CCSI’s Nicolas Maennling was quoted in the New York Times in an article that reviewed the alleged positive job impacts resulting from Trump’s latest rollback on environmental regulations saying “However way you spin it, gas and renewables are going to continue to replace coal... And in order to stay competitive, coal will have to increase automation. What Mr. Trump does will make little difference.” A recent study conducted by IISD, CCSI and Engineers Without Borders found that 30 to 75 percent of jobs may be at risk due to automation in the mining sector.

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