This paper reviews alleged societal benefits and costs of International Investment Agreements (IIAs) as suggested by academia, governments, business and civil society. It sets out the wide range of issues that diverse actors have proposed in the context of assessing the societal benefits and costs of IIAs.
Compensation for adjudicators is generally considered as a core issue for judicial independence and for attracting good judges in the institutional design for courts. This paper examines compensation systems for adjudicators and dispute settlement administrators in investor-state dispute settlement. The paper uses in part a comparative perspective based on approaches in domestic courts in advanced economies.
This working paper assesses the impact of climate mitigation policies and the quality of the investment environment on investment and innovation in renewable power in OECD and G20 countries. It also examines how countries’ investment environments interact with climate mitigation policies to influence investment and patent activity in renewable power.
Corruption undermines economic and social progress and steals the future of young generations. Parties to the OECD Anti-Bribery Convention are required to criminalise bribery of foreign public officials but does this make a difference on the ground? This paper estimates a dynamic foreign direct investment (FDI) gravity model to explore the impact of corruption in general and the OECD Anti-Bribery Convention in particular.
Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement. This working paper looks at how governments can take action to improve the interpretation of investment treaties through consideration of the potential role of State-to-State dispute settlement in this area.
Most investment treaties do not expressly address joint interpretations and thus leave the issue to more general rules. This paper addresses the general legal framework applicable to joint agreements by treaty parties about the interpretation of treaties. It outlines key concepts and distinctions, and considers effects on third parties.
This paper reviews currency-based measures (CBMs) directed at banks in 49 countries between 2005 and 2013. These measures apply a discrimination, such as less favourable treatment, on the basis of the currency of an operation, typically foreign currencies. The new data shows that CBMs have been increasingly used in the post-crisis period, including for macro-prudential purposes.
English, PDF, 912kb
Investment treaty law reflects a permanent tension between stability and flexibility. Stability nurtures predictability, while flexibility helps legal systems stay in alignment with changing circumstances and evolving needs. This paper establishes an inventory of the mechanisms in investment treaty law that provide flexibility and surveys relevant treaty practice.
English, PDF, 994kb
Government-controlled investors, including state-owned enterprises and sovereign wealth funds, have greatly expanded their international activities in recent years. This paper describes the existing policy landscape of international investments by government-controlled investors under both national and international frameworks.
English, PDF, 903kb
This paper analyses investment treaty provisions relating to shareholder claims. It addresses (i) treaty regimes for shareholder recovery and company recovery of damages; (ii) the interaction of reflective loss claims with treaty provisions that seek to limit multiple claims; and (iii) treaty provisions applicable to government objections to shareholder claims for reflective loss.