Investment Law

[Naimeh Masumy is a research fellow at the Swiss International Law School and a dispute resolution expert specialized in energy and investment disputes.] A famous Persian proverb states, “This person resembles someone who has lost his horse and yet, is looking for its horseshoes”. This sentiment aptly describes the current reform efforts being undertaken by UNCITRAL Working Group III (“WGIII”) to address the ‘legitimacy crisis’...

Alicia Nicholls Caribbean small island developing States (SIDS) joined with other United Nations (UN) members to sign on to the UN Sustainable Development Goals (SDGs) in 2015. These 17 goals and their 169 targets form the 2030 Agenda for Sustainable Development, agreed in 2015, covering areas as diverse as no poverty, zero hunger, gender equality, climate action, peace justice and strong...

Gerardo Centeno García Mexico’s 2013 Reforma Energetica (Energy Reform, RE) was a constitutional reform that allowed the participation of private companies (national or foreign) in the Mexican Energy Sector (MES), previously reserved solely for State-owned enterprises (SOEs). This constitutional reform modified articles 25, 27, and 28 of the Mexican Constitution (CPEUM), entering into force on December 20, 2013. To help the...

Antonius R. Hippolyte & Jason K. Haynes  Most developing countries still lack the industrial capacity to participate in international trade in a manner similar to industrialised countries, whose industrial transformation was catalysed at the end of the 18th century. Thus, advocates of the neoliberal international economic order have long touted Foreign Direct Investment (FDI) as the panacea for development and economic...

Ximena Sierra-Camargo In Colombia in the 1990s, a mining boom led to a significant increase in the extractive industries, including large-scale gold mining. This boom was provoked by legal and institutional reform of the framework of the Colombian constitutional State, and following the guidelines of transnational actors like the World Bank, who sought to standardise mining regulation across Latin America. The new...

Jodi-Ann Stephenson The socio-political context of colonialism and imperialism, within which the rules on foreign investment protection originated, has had an enduring effect on the evolution of foreign direct investment (‘FDI’) and its protection. Despite the formal ending of colonialism, the imperial space within which the rules of foreign investment protection originated has profoundly impacted the character and development of modern...

Nicolás M. Perrone & Leonardo E. Stanley The 1990s witnessed a surge in economic and legal reforms that prioritised markets over government in allocating economic resources, installing a new institutional ruling. For neoliberals, open economies and free markets forces would bring laggards towards convergence. Rational agents' investment decisions might place countries into a stable, long-run growth path. In the field of...

Mohsen al Attar and Rafael Quintero Godinez Investment is a heavy word. It stumbles rather than rolls off the tongue, perhaps because the speaker is aware of its convoluted character. It invokes images of factories, infrastructure, workers, money, and men (in suits or in hard hats, usually both). Most of all, investment conveys an evolutionary trajectory; one that is ideological and...

Summer School Al-Haq International Law Online Summer School Program: Al-Haq Center for Applied International Law is pleased to announce its Seventh International Law Summer School for professionals, legal researchers, post-graduates and academics in the fields of international law and human rights. The 2021 program will run entirely online through ten days from 31st May – 12th June 2021. The summer school aims to assist professionals...

Events Webinar on Palestine, Israel and the ICC: The Nottingham Law School (NLS) Centre for Rights and Justice is pleased to announce a webinar on 'The Long Walk to Justice: Palestine, Israel and the International Criminal Court' on 12 April 2021 from 4:00 pm - 6:00 pm. The webinar will host the contributions of Prof Richard Falk, former UN special rapporteur on...

By Tim Fish Hodgson, Legal Adviser on Economic, Social and Cultural Rights at the International Commission of Jurists and Rossella De Falco, Programme Officer on the Right to Health at Global Initiative on Economic, Social and Cultural Rights. Historically pandemics have often catalyzed significant social change. As historian of epidemics Frank Snowden puts it: “epidemics are a category of disease that seem to hold...

Few international economic lawyers doubt the value of foreign direct investment (FDI). There is even some consensus that FDI plays a vital role in fostering development in host states. It triggers technology expansion, assists human capital formation, and nurtures a dynamic business environment. States—especially across the Third World—appeal to investors in the hopes of attracting a share of the green gold. Although there is truth to...