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Investment Screening to Support Better Markets

Investment Screening to Support Better Markets

Executive Summary (Full Report available here) Watch video here Foreign investment is traditionally perceived as a positive input in a country’s economy, as it increases the amount of capital available to finance productive activities. Moreover, foreign capital often comes with technology spillovers, human capital formation, and international trade integration, increasing the productivity of industries in recipient countries. However, capital inflows into a country are not wi

Joint Interpretation of Investment Treaties

Joint Interpretation of Investment Treaties

A Study on Existing Practice, Legal Character and Strategies for Implementation Clinic: National University of Singapore, Spring 2020 Executive Summary (Full report can be read here) Watch video here A joint interpretation is an agreement between State parties to an international investment agreement (“IIA”) on a common interpretation of a provision in the IIA. Joint interpretations can be seen as a way for States to retain control over the interpretation of IIAs, as and when

Fair and Equitable Treatment and Regulatory Space: A Comparative Analysis of Different Models

Fair and Equitable Treatment and Regulatory Space: A Comparative Analysis of Different Models

Executive Summary (Summary of a project undertaken for the Ministry of Finance, Government of Israel) (Full report can be read here)** The fair and equitable treatment (FET) standard has become a major basis of investment treaty arbitration claims, with almost half of all recorded Investor-State Dispute Settlement (ISDS) claims based on the failure to meet FET obligations. The ambiguity surrounding the meaning of the FET standard and its components has left it prone to wide i

Small Economies and Models of Investor-State
Dispute Settlement: Interests and Constraints in
the Sh

Small Economies and Models of Investor-State Dispute Settlement: Interests and Constraints in the Sh

Executive Summary (The full memo can be read here) Under the current system of Investor-State Dispute Settlement (ISDS), many International Investment Agreements (IIAs) allow foreign investors to file arbitration claims against states. Under these proceedings, foreign natural or legal persons can file a direct claim against a state within whose territory they operate for the violation of certain standards of treatment, as stipulated in the applicable instrument. ISDS, which i

Confidential Project by Monash Law Clinic 2019

Confidential Project by Monash Law Clinic 2019

Short summary of a Confidential Project for an International Government Organization The students of the Monash Law Clinic (2019) undertook two related projects for an intergovernmental organisation in respect of two developing countries in the Asia-Pacific region. For the second project, students evaluated five legislative proposals for their compatibility with Country B’s obligations under WTO law. The proposals were also evaluated for compatibility with Country B’s consti

Project by Monash Law Clinic 2019

Project by Monash Law Clinic 2019

Short summary of a Confidential Project for an International Government Organization The students of the Monash Law Clinic (2019) undertook two related projects for an intergovernmental organisation in respect of two developing countries in the Asia-Pacific region. The first project for Country A evaluated three legislative proposals for their compatibility with Country A’s obligations under WTO law and an investment law chapter of a preferential trade agreement that Country

Moving Beyond CETA: Investment Provisions for a Canada-UK PTA in a Post-Brexit World

Moving Beyond CETA: Investment Provisions for a Canada-UK PTA in a Post-Brexit World

Clinic: Queen's/UOttawa, Spring 2019 Beneficiary: The Centre for Trade Policy & Law Executive Summary (The full report can be found here)* Objective Determine what provisions are likely to be included in the Investment Chapter of a Canada-UK Preferential Trade Agreement, assuming the UK proceeds with Brexit. Methods We examined the political and contextual factors that could help inform a post-Brexit Investment Chapter for both parties, as well as examined past agreements sig

Whether Multilateral Investment Court Awards Could Be Enforced Using the ICSID Convention,

Whether Multilateral Investment Court Awards Could Be Enforced Using the ICSID Convention,

the New York Convention, and/or an Alternative Method. Clinic: Queen's/UOttawa, Spring 2019 Beneficiary: Trade Law Bureau, Global Affairs Canada Summary of Issue Statements and Brief Answers (The full memo can be found here) * 1. Would a multilateral investment court’s (MIC) awards be enforceable using the International Centre for the Settlement of Investment Disputes (ICSID) Convention? Brief Answer: No, under the current ICSID Convention MIC awards would not be enforceable

New Generation IIAs: A Negotiators' Handbook

New Generation IIAs: A Negotiators' Handbook

Clinic: Graduate Institute, Fall 2018 Introduction * Read the full Handbook here This Negotiators’ Handbook aims at supporting government representatives during the process of negotiating new generation IIAs. It is structured on a provision-by-provision basis, by reference to the standard provisions usually contained in investment agreements. The commentary of each provision includes a chart containing the most relevant information: recent trends in treaty making, recommended

The Effects of the Achmea Judgment on Intra-EU BIT Claims, Law Firms, and Third-Party Funders

The Effects of the Achmea Judgment on Intra-EU BIT Claims, Law Firms, and Third-Party Funders

Clinic: Graduate Institute, Fall 2018 Beneficiary: Ministry of Finance of the Slovak Republic Executive Summary Full report can be read here This executive summary presents the key findings of the research on the effects of the Achmea judgment of the Court of Justice of the European Union on intra-EU investment arbitration. The findings speak to (i) the Achmea judgment’s effects on pending and recently concluded intra-EU cases and (ii) its reception by law firms and third-par

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