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UNCITRAL


India asks 68 countries to renegotiate bilateral investment pacts, Rajya Sabha told
India has issued termination notices to 68 countries for Bilateral Investment Treaties with a request to renegotiate on the basis of the model agreement formulated in 2015.
South’s concerns over ISDS reform process need to be addressed
The broad mandate given by UNCITRAL focuses on a limited set of procedural issues that fails to address the substantive concerns over the crisis of legitimacy confronting the international investment regime, and ISDS more specifically.
Mustaqeem de Gama, South African Mission in Geneva: “It is a bad idea for any African country to consider signing the Energy Charter Treaty”
Joining the Energy Charter Treaty is not in the public interest, according to South Africa’s government. It has also cancelled other agreements that allowed foreign investors to sue their state. This has not stopped investors from coming, says Mustaqeem de Gama.
Investor-State Dispute Settlement reform: the multilateral investment court was never the answer
The problem with the ISDS is not the format of the dispute settlement. The problem is that it is designed to give corporations power to go after government policies.
What next for ISDS Reform at UNCITRAL Working Group III?
Meaningful reform aligned with sustainable development seems less likely
Hegemony 101 in international investment law
The hegemon aspirants in international investment law have already, and perhaps unwittingly, revealed their three step manual: Disguise, dismiss, divert.
Appeal in ISDS: Appealing for the host state?
The basis of a claim in ISDS is always the applicable international investment agreement. There would always be differences and inconsistencies with an appellate mechanism.
Letter from Africa CSOs and trade unions to African delegates at the UNCITRAL round
We civil society organizations and trade unions from the African continent express our concerns about the proposal presented by the European Union to establish a multilateral investment court and support further reaching reforms of ISDS.
ISDS reform: Designing permanent institutions at Working Group III
The UNCITRAL Working Group III turned squarely to designing permanent institutions: a standing appellate mechanism and a multilateral investment court (MIC).
The US drops ISDS
The US government used to be the chief proponent of strong investor protection clauses in international trade deals. No longer. What happened?
UNCITRAL Working Group III: Promoting alternatives to investor–state arbitration as ISDS reform
Several states participating in the UNCITRAL process have already adopted viable alternatives to ISDS.
Weapons of legal destruction: ISDS lawsuits and Lydian International’s assault on Armenian sovereignty
The signing of an investment treaty involves a unilateral loss of sovereignty on the part of the host state, which is ultimately deemed necessary to attract foreign capital.
UN reform needed to stop companies fighting climate rules: Nobel laureate Stiglitz
Multinational companies will increasingly file massive cases against host countries when climate change policies affect their profits, Nobel Prize-winning economist Joseph Stiglitz said.
We the people reject ISDS. So why are our governments trying to expand it?
A permanent Multilateral Investment Court pushed by the European Union could make ISDS worse by scaling it up.
As the world meets to discuss ISDS, many fear meaningless reforms
ISDS lawyers appear to hold administrative positions within the working group and are represented in large numbers in the advisory bodies that have been established for the working group.
Sharpening clash as UN body reviews investor rights to sue governments (ISDS)
Advocates of ISDS (industrialised countries and lawyers from the ‘arbitration industry’) dominate the running of the Working Group and its advisory bodies. Civil society is underrepresented.
Trump’s damaged NAFTA deal
USMCA bears many resemblances to NAFTA, which has been cited as a driver of low-wage corporate outsourcing.
The limitations of the UNCITRAL process on ISDS reform
The UNCITRAL process runs a real risk of producing middle-ground solutions that will fail to address the fundamental flaws of the ISDS system and will only further institutionalise and re-legitimise the system.
More than 300 civil society organizations from 73 countries urge fundamental reform at UNCITRAL’s Investor-State Dispute Settlement discussions
More than 300 civil society groups and trade unions urged governments participating in United Nations meetings in Vienna to completely overhaul the controversial Investor-State Dispute Settlement (ISDS) system.
Swiss foreign investor claims it suffered US$264 million in damages caused by South Korean government
This is the fourth ISDS dispute this year in which the South Korean government is embroiled.