Integrating Sustainable Development Into International Investment Agreements: A Guide for Developing Country NegotiatorsAs International Investment Agreements (IIAs) continue to evolve and become increasingly complex, a key challenge for developing countries is how to maintain coherent investment obligations that are consistent across any overlapping treaty provisions. An even greater challenge is the effective negotiation of trade in services and investment commitments in Preferential Trade Agreements to make foreign investment supportive of development. This guide is designed to assist developing countries to negotiate IIAs that are more effective in promoting their sustainable development. It identifies and consolidates emerging best practices from existing treaty models, evaluating the costs and benefits of different approaches; suggesting new and innovative provisions to encourage foreign investment flows; and outlining how states can achieve coherence among their IIAs. A useful reference tool for developing country negotiators and interested parties, including investment promotion agencies, policy-makers, legislative drafters and officials in government legal departments. |
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amicus curiae apply Award benefits Bilateral Investment Treaties breach Canadian model FIPA COMESA Investment Agreement commitments compensation corporate counterclaim customary international law damages defined developing countries discussed disputing Party domestic law economic effective enforcement ensure environmental equitable treatment expropriation favoured nation financial force foreign investors GATS Government grave violations Guide sample provision host state’s human rights due human rights impacts ICSID identified IIA obligations IISD model treaty India—Singapore CECA international investment Investment Agreement 2007 investment promotion Investor obligation investor protection investor—state arbitration investor—state dispute settlement labour rights limited measures MFN obligation model agreement model BIT NAFTA national treatment obligation negotiate OECD performance requirements preamble Principles procedures prohibition Promotion and Protection Protection of Investments relation Republic right of establishment rights due diligence scope sectors signed significant specific sustainability assessment sustainable development transparency Treaty Series tribunal UNCITRAL UNCTAD United Nations violations of human