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ELP News January 2018.
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IISD | Economic Law and Policy Program

A LOOK AHEAD                                                                         


IISD's investment team will soon be meeting with dozens of key government officials at our 11th Annual Forum of Developing Country Investment Negotiators, which is hosted by Kenya Investment Authority (KenInvest). These officials are responsible for safeguarding national interests during treaty negotiations. We look forward to welcoming friends and colleagues, many of whom have called upon us for advice and support advancing systemic reform.

The Economic Law and Policy Group has a full agenda for 2018, which builds on a particularly productive 2017. Recent highlights are below.

We welcome your feedback and the opportunity to engage with you further.
  
Nathalie Bernasconi-Osterwalder
Group Director, Economic Law and Policy Program

 

SUSTAINABILITY STANDARDS


Our sustainability standards team is launching a new poverty reduction project for marginalized farmers, foresters and fishermen in less-developed countries. The booming market for certified products can offer a significant price premium while also protecting the air, water, land and human rights.

Our goal is to help producers chose among more than 400 voluntary sustainability standards initiatives and then adjust their practices to comply with complex criteria.

For more information–and to read a recent commentary on enabling sustainable livelihoods in forestry–please visit our State of Sustainability Initiatives page. 

MINING FOR SUSTAINABLE DEVELOPMENT


Our mining team continues to expand Secretariat services at the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development.

We will be releasing guidance for governments on local content policies in February at Investing in Africa Mining Indaba. Work has also begun on guidance for countering tax base erosion and profit shifting.

Member governments continue to work to implement our guidance on artisanal and small-scale mining. We will be in Cameroon in February for a capacity building workshop with representatives from around a dozen francophone countries. 

For more information on IISD's efforts to leverage mining for sustainable development, please visit our mining topic page.

AGRICULTURAL INVESTMENT


Our agricultural investment team continues to work closely with African parliamentarians on how best to manage the explosive growth of large-scale land deals and to promote responsible investment.

We are also active in Asia, where we have been invited by the Association of Southeast Asian Nations to help draft guidelines for responsible agricultural investment.

We are partnering with Oxfam on an upcoming tool for promoting gender equity which was presented to the Economic Community of West African States Parliament at a recent conference. We are also advancing work on the most effective measures to end hunger.

For more information on IISD's work on food security and investment, please visit our SDG2 page.

PUBLIC PROCUREMENT AND INFRASTRUCTURE INVESTMENT

Our procurement team is working with several governments to evaluate infrastructure projects using the Sustainable Asset Valuation (SAVi) tool. SAVi assesses environmental, social, economic and governance risks and can help governments and investors see the business case for sustainable infrastructure. After showing the value of a proposed offshore wind farm in the Netherlands last year, we received requests to evaluate a highway in Morocco, a wind farm in Cape Verde, buildings in Kenya and natural infrastructure in India. 

In 2018, the team will also be advancing research into how public procurement can drive markets for low-carbon solutions and innovation for built infrastructure in Europe. 

For more information–including a recent report examining how to structure public-private partnership contracts to promote sustainable infrastructure and a policy brief on a better nexus for biodiversity and infrastructure–please visit our procurement and infrastructure page.

INVESTMENT LAW ADVISORY SERVICES 


IISD's team of international investment lawyers provides advisory services to developing country governments seeking to design better deals and to avoid or better manage crippling arbitrations.

Our Annual Forum provides the opportunity to advance that work beyond resolving legal questions during treaty and contract negotiations. It has evolved into a community of government officials determined to work towards systemic reform and to safeguard the best interests of their developing nations.

Dozens of government officials from developing and emerging economies will be joining us in Kenya February 7-9, 2018. 

Visit our new Annual Forum story page for the agenda, testimonials, a video and background on our reform efforts and the high stakes involved in investor–state dispute settlement.

For timely analysis on investment issues, please subscribe to our flagship journal Investment Treaty News and visit IISD's investment topic page.

IS “MOONLIGHTING” A PROBLEM? THE ROLE OF ICJ JUDGES IN ISDS

At least seven current and thirteen former International Court of Justice (ICJ) judges worked as arbitrators during their tenure, our research has found. We identified 90 investor–state dispute settlement (ISDS) cases in which sitting ICJ judges have worked–or are currently working–as arbitrators. Read the commentary and its accompanying press release for more information.

WHEN CLIMATE LEADERS PROTECT DIRTY INVESTMENTS

In 2016, global spending on oil and gas projects was more than double the total spent on renewables. That imbalance requires restructuring current mechanisms, including existing trade and investment agreements, that govern energy investments. Read our op-ed published in 10 languages by Project Syndicate.

INVESTMENT LAWS OF ASEAN COUNTRIES: A COMPARATIVE REVIEW


ASEAN countries investment laws vary widely in terms of substance and focus. None of the laws include the combination of vague investor rights commonly found in investment treaties, nor do they grant general consent to investor–state arbitration, Jonathan Bonnitcha writes in this comparative review.

A RISKY TANGO? INVESTMENT FACILITATION AND THE WTO MINISTERIAL CONFERENCE IN BUENOS AIRES


Investment facilitation—if structured right—could reshape global investment law frameworks for the better. But is the WTO well-suited for building a solution-oriented cooperative approach on investment facilitation, Martin Dietrich Brauch asks in this commentary.

THE COMING EVOLUTION OF ROAD TRANSPORT


The transition to electric vehicles will cripple long-entrenched markets and create new ones; it will challenge economic and social systems to adapt at uncomfortable speeds and will be accompanied by significant shifts in geopolitical power and relations, Aaron Cosbey writes in this commentary.

INVESTMENT TREATY NEWS 


The latest issue of our flagship quarterly journal examines: The journal is published in English, French and Spanish both online and as a PDF. Be sure to select your language preference when you subscribe.
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