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reformed ISDS


Bilateral investment pacts haven’t worked
Reform of the international investment agreement regime has swept many countries, including Australia, South Africa, Indonesia, India and the EU, writes the Secretary-General of CUTS. What are the reasons for the growing scepticism? What lies ahead?
The Empire Files: Bringing corporations to justice with Ecuador’s UN Rep
For the first time ever, progress is being made at the United Nations for a binging legal instrument that would hold corporations accountable for human rights violations.
India fast-tracks BIT talks; Cambodia first, US deal may take time
US ambassador to India Richard Verma recently said ‘things have become a bit more difficult’ after India revised the BIT text
Remodeling India’s investment treaty regime
India is seeking to terminate BITs signed with 57 countries and sign joint interpretative statements with the other 25 treaty states – all an outcome of the country’s new model BIT.
India wants new foreign investment pacts to limit lawsuits
The notifications, issued earlier this year, effectively let governments know they have 12 months to broker new treaties before the old ones expire.
The ISDS controversy: How we got here and where next
In recent years the debate over investor state dispute settlement (ISDS) has heated up and in Europe is reaching boiling point
India’s narrow BIT norms holding up trade pact
The new model text on the basis of which India is negotiating its Bilateral Investment Treaties (BIT) is making it difficult for America to hold bilateral talks on the proposed India-US BIT
Protecting the government in investor-state dispute
The Indonesian government is currently reviewing all its international investment treaties after previously having terminated 20 bilateral investment treaties (BIT).
Government currently preparing draft of Government regulation on settlement of investment dispute
This regulation aims to enhance legal certainty in terms of ease of doing business and investment in Indonesia.
The evolving international investment law and policy regime: Ways forward
How to encourage the flow of sustainable FDI for sustainable development? This article examines the state of the international investment law and policy regime and presents potential options for its reform.
Seoul prefers ISDS for its investment chapter but could consider ICS
High-level South Korean diplomats have expressed their preference for the old investor-state dispute settlement (ISDS) system over the Investment Court System (ICS) in the framework of a future investment chapter in the EU-South Korea FTA.
Investment act may clash with SADC treaty
Legal practitioners have been saying for some time now that SA’s Protection of Investment Act is not in sync with the country’s commitments under the Southern African Development Community Protocol on Finance and Investment.
Big transatlantic market: yield and bow down
MEDEL’s opinion on the construction of a international investment court for TTIP – proposal of the European Commission.
EU-Mexico trade talks to start June 13, 14
The EU and Mexico will kick off its first negotiation round for overhauling their bilateral trade agreement, talks that will include the EU’s new Investment Court System (ICS).
India seeks fresh treaties with 47 nations
India has written to 47 countries to nullify the existing bilateral investment agreements and ink fresh treaties that will make it mandatory for foreign investors to exhaust local judicial remedies before seeking arbitration.
Investment-related dispute settlement: Towards an inclusive multilateral approach
Results from an IISD expert meeting held in Montreux, Switzerland, May 23–24, 2016.
Why the new BIT may not work
The new bilateral investment treaty’s gratuitous focus on local courts and taxation may not please our partners.
EU and Philippines kick off trade talks today
Philippine trade negotiators meet their DG Trade counterparts for a first round of trade talks, five months after they were announced, but nobody expects a cakewalk.
ISDS in the revised CETA: positive steps, but is it a “gold standard”?
Canada and the European Union released a revised Comprehensive Economic and Trade Agreement (CETA) in February 2016. The revisions focus on the controversial and deeply flawed process of investor-state dispute settlement (ISDS).
The need for a Southern Observatory on transnational investment
The objective of the Observatory is to become a forum for the objective settlement of investment disputes with transnational corporations.