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 approaches by UNCTAD and other relevant authorities, and practices that should be avoided.

Subsequently, a detailed explanation is provided on the basis of emergent treaty practice, case law and best practices in order to back up the negotiators with valuable arguments to support and defend the proposed elements that could be included in a future agreement. Furthermore, clauses that may have negative consequences for the Contracting States are pointed out. The Handbook provides for a justification for why certain practices should be avoided.

The main purpose of this Handbook is to back up negotiators with practical and powerful arguments and suggest solid and viable alternative approaches to face potential objections during negotiations.

The full Handbook can be accessed here.

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