The solution to the “regulatory chill” problem lies not in the cosmetic amendments to IIAs but in “supranational” legal regimes providing for full convergence of international investment law and human rights.
A Canadian mining company is suing Turkey for $1 billion at a secretive arbitration court over the cancellation of a mine project that was deemed disastrous for the environment.
Pakistan is the latest to start withdrawing from international treaties that give corporations the power to sue governments over environmental and public interest regulations.
This brief argues for the ‘localization’ of investor-State dispute settlement (ISDS) proceedings in host States and regions where the investment is actually located.
Indigenous populations often live in territories that are earmarked for construction projects, which may lead to inevitable friction with state governments and subsequently, developers and investors.
Miner Alamos Gold said its Netherlands units will file an investment treaty claim exceeding $1 billion against Turkey for "unfair and inequitable treatment" with its gold mining project.
One of the most significant early proposals for a multilateral agreement to protect private foreign investment was launched in 1957 by groups of European business people, and lawyers.
The unusual status of foreign investors in international law is no accident, but rather the result of a “world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s”.