How Investment Laws Can Become Powerful tools for Sustainable FDI Governance
Investment Treaty News
by Fabio Henrique Lutz
2M ago
A growing number of developing country policy-makers are concerned about their countries’ national investment laws, many of which were rewritten between 1980 and 2010, often in ways that aligned them more closely with outdated IIAs. As a result, such laws pose many of the same legal risks and policy concerns as old-style IIAs. In the past, investment laws were redesigned to meet new challenges and opportunities, and they can once again be redesigned as powerful tools for governments seeking to align their investment policy with sustainable development or other policy goals. This paper makes tw ..read more
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Exploring Investment Treaties’ Role in Advancing Gender Equality
Investment Treaty News
by Fabio Henrique Lutz
2M ago
IIAs are often seen as gender-neutral, prompting debates about their suitability in addressing gender inequality. This article advocates for a nuanced perspective, exploring the intricate relationship between IIAs and gender equality within the broader context of sustainable development since they can be interlinked. This paper aims to explore the appropriateness of IIAs as tools for advancing gender equality ..read more
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Revisiting Tax Incentives as an Investment Promotion Tool
Investment Treaty News
by Fabio Henrique Lutz
2M ago
In January 2024, a new system of international tax rules—the global minimum tax—will come into effect. These rules will impact the continued utility of some tax incentives as investment promotion tools by ensuring that large multinational companies pay a minimum effective tax rate of at least 15% no matter where they operate. It is important for governments to rethink their broader policies surrounding investment promotion and the use of tax incentives, reconciling these with changes in the broader investment landscape, including emerging international taxation rules, changing global value cha ..read more
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Implementing the Reform Idea: Taking stock of states’ efforts to manage their investment treaties
Investment Treaty News
by Fabio Henrique Lutz
2M ago
The discussions at UNCITRAL Working Group III (WGIII) have been ongoing for 6 years. In the meantime, states continue to face ISDS claims, exposing them to the risk of significant legal expenses and liabilities, which are a drain on limited state budgets and, as extensively discussed, can unduly and undesirably frustrate (or shift the costs of) legal and policy actions in the public interest. This underscores the importance of ongoing discussions regarding other steps that states can take to navigate their ISDS-related risks while the WGIII negotiations are still in progress. This report summa ..read more
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Unlocking Sustainable Development in Central Asian Bilateral Investment Treaties?
Investment Treaty News
by Fabio Henrique Lutz
2M ago
Recently, governments, international organizations, and investors in Central Asia have sought to take the necessary steps to achieve sustainable development. While Central Asian countries benefit from large domestic markets, relatively inexpensive and abundant labour pools, and a wealth of raw materials, the region is also highly vulnerable to climate change, with food, water, and energy resources particularly susceptible to climate challenges. Additionally, the region has non-harmonized regulatory investment environments that are not yet fully aligned with the sustainable development agenda ..read more
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Another tribunal to reject the Achmea-based jurisdictional objection
Investment Treaty News
by Fabio Henrique Lutz
2M ago
Adria Group B.V. and Adria Group Holding B.V. v. The Republic of Croatia, Decision on Intra-EU Jurisdictional Objection, ICSID Case No. ARB/20/6 ..read more
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UNCITRAL tribunal finds Russia liable to pay USD 207.8 million for the unlawful expropriation of the assets of a Ukrainian electricity company
Investment Treaty News
by Fabio Henrique Lutz
2M ago
JSC DTEK Krymenergo v Russia, PCA Case No. 2018-41, Award, November 1, 2023 ..read more
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UN General Assembly Resolution on Tax Convention
Investment Treaty News
by Fabio Henrique Lutz
2M ago
Based on a draft resolution submitted by Nigeria on behalf of the African Group, the recent United Nations (UN) General Assembly resolution on the UN tax treaty aims to bolster ..read more
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European Commission publishes model BIT clauses between EU member states and third countries
Investment Treaty News
by Fabio Henrique Lutz
2M ago
In September 2023, the European Commission has unveiled a non-paper presenting model clauses for BITs between EU member states and third countries. These model clauses, accompanied by annotations, aim to ..read more
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ITN September 2023
Investment Treaty News
by Fabio Henrique Lutz
6M ago
iNSIGHTS What’s Happening on Investment Facilitation: A survey of recent global developments. By Shantanu Singh. Read Causation and the Broken Chain: An Analysis in light of the Lone Star Award ..read more
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