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.
Public financial institutions (PFIs) are well-positioned to act as a key leverage point for governments’ efforts to mobilise private investment in low-carbon projects and infrastructure. This study identifies the tools, instruments and approaches used by five PFIs to directly support and scale-up domestic private sector investment in sustainable transport, energy-efficiency and renewable energy in OECD countries.
This paper analyses the effects of government policies on flows of private finance for investment in renewable energy. It also examines whether direct provision of public finance for a project increases the volume of private finance raised. The analysis covers 87 countries, six renewable energy sectors (wind, solar, biomass, small hydropower, marine and geothermal).
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.
La série des documents de travail sur l’investissement international, qui portent notamment sur les politiques et tendances ainsi que sur les implications plus larges de l’activité des entreprises multinationales, est destinée à mettre à la disposition d’un large lectorat un certain nombre d’études
This paper examines shareholder claims for reflective loss under investment treaties in light of comparative analysis of advanced systems of corporate law; considers the impact of allowing shareholder claims for reflective loss on key characteristics of the business corporation; and explores possible responses by different categories of investors to the availability of shareholder claims for reflective loss under investment treaties.
Investment treaties are often thought to be silent on investors’ responsibilities to host societies and on their contributions to sustainable development. This paper establishes a factual and statistical basis for understanding the relationship between investment treaty law and governments’ ability to advance the sustainable development agenda and promote responsible business conduct.
English, PDF, 2,081kb
International investment agreements almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements that the 55 economies participating in the OECD-hosted Freedom of Investment Roundtables have concluded with any other economy.
English, PDF, 848kb
Many investor-state dispute settlement (ISDS) claims are by shareholders for so-called "reflective loss" incurred as a result of injury to “their” company. This paper (i) compares the wide acceptance of such claims in ISDS with their general prohibition in advanced systems of national corporate law; and (ii) analyses policy issues raised by such claims (e.g., risk of double recovery, high legal costs, injury to creditors, etc.).