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 n...

Introduction *

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 agre...

Executive Summary

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...

Executive Summary

Prohibitions on performance requirements (“PPRs”) in international investment agreements (“IIAs”) are one of the core issues in investment negotiations today. The controversy stirred from these obligations is a key area of concern for all states which...

Reform Options – Bosnia and Herzegovina’s Bilateral Investment Treaties

Executive Summary

1. Bosnia and Herzegovina (BiH) is a potential candidate country looking to accede to the European Union (EU). In May 2018, the Court of Justice of the European Union (CJEU) ruled i...

Executive Summary

Introduction

Bilateral Investment Treaties (BITs) have proliferated dramatically as one of the main instruments to shield foreign investments. However, their operation has generated discontent in a number of States (including least developed countries,...

Executive Summary

As of 8 June 2012, 158 countries are parties to the ICSID Convention. ICSID represents a “quintessential framework for investor-state arbitration” and its role in resolving investment disputes is continuously increasing. In 2011, the ICSID Secretariat...

This memorandum addresses the notion of consent to international investment arbitration and the possibility of the termination of such consent either by virtue of withdrawal from ICSID Convention or BITs. Through a detailed analysis of Articles 71 and 72 of the ICSID C...

Memorandum to the European Commission, Cabinet of the Trade Commissioner, Mr. Damien Levie 

Executive Summary

This memorandum was prepared by students of the Investment Law Clinic at the Graduate Institute of International and Development Studies as a response to a reque...

Though deployed successfully in restoring markets after the 2008 Financial Crisis, recent unconventional monetary measures have generated spillovers. The prospect of their retraction (i.e receding liquidity) engenders further adverse spillovers. It is in containing suc...

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