The American Review of International Arbitration at Columbia Law School的动态

In her recent blog post, Kiran Nasir Gore explores the evolving landscape of counterclaims in international investment arbitration, particularly in relation to environmental, social, and governance (#ESG) issues. The author delves into the historical context where investment agreements often lacked symmetry between the rights and obligations of foreign investors and host states, favouring the former. She outlines the procedural avenues available for states to present counterclaims, emphasizing the importance of consent for jurisdiction and the growing inclination towards incorporating the state's right to regulate within investment agreements. The post examines the shift in international investment agreements (IIAs) to include explicit provisions for host states to regulate in the public interest, particularly with respect to ESG concerns. The author highlights recent trends in treaty-making that balance investment protection with public welfare objectives and the potential for states to assert successful ESG-related counterclaims ?? Gore concludes that the inclusion of ESG considerations in IIAs and domestic laws signifies a promising future for states asserting counterclaims aligned with the public interest and sustainable development goals. The blog post suggests that these developments will continue to shape the discourse in future international negotiations and forums like COP 29 ?? #investmentlaw #investmentarbitration #internationalarbitration #disputeresolution #arbitration The George Washington University Law School

This is to share with friends from the legal and other communities the publication of a new book on #international_Law and #development. The authors of this book paid an homage to our late friend and colleague #Hervé_Cassan. My contribution My contribution discusses the synergy between international investment law and sustainable development. In the background, it allows us to see how international investment law, which is one of the most important chapters of international development law and international economic law, has evolved with the formulation, adoption and legal consecration of principles of sustainable development. These principles have positively influenced and enriched international development law to help achieve sustainability objectives. In fact, investments could no longer ignore the dimensions of sustainability including those relating to environmental protection, respect for human rights, or the fight against corruption and the promotion of good governance. International investment law has gradually integrated these legal principles. This is no longer disputed in theory and is being reinforced by international jurisprudence which gradually reinterprets many principles of international investment law in light of a sustainable development’s requirements.

In an increasingly challenging #InternationalInvestment climate, the Columbia Center on Sustainable Investment’s Executive Training on #InvestmentTreaties and #Arbitration equips government officials with essential knowledge of investment treaty practice and governance ? Last year, thanks to the support of the CCSI, I had the opportunity to share Ecuador's ???? experiences and perspectives on #ISDS and the strategies to attract more and better investment to achieve the SDGs. The course will?address: ? States’ objectives in their investment policy ? Links between treaties, investment flows, and other development objectives ? Investor-state dispute settlement, and the concerns of states? ? Trends and developments in treaty practice ? Opportunities and challenges facing governments in treaty reform ? Other approaches to investment governance, including dispute prevention and alternatives to ISDS. Don't miss out! Apply by July 15 the link below ?? : https://lnkd.in/eKBQCd_f #ISDS #IIAs #SustainableDevelopment Procuraduría General del Estado - Ecuador Ministerio de Producción, Comercio Exterior, Inversiones y Pesca Columbia University

I’m thrilled to share that I've successfully completed the course "International Investment Law” offered by the University of Louvain, an online learning initiative via the edX portal! Throughout this comprehensive course, I covered a wide range of essential topics, gaining valuable insights and knowledge. Here are the major course topics I explored: ??Discover the history of international investment law and arbitration, as well as the dynamics that shaped their evolution. ??Learn the objectives of international investment law and the specific rights international investment agreements (bilateral investment treaties and free trade agreements’ investment chapters) grant to foreign investors, for instance, fair and equitable treatment and the prohibition of illegal expropriation. ??Discover how those rights have been interpreted in investment treaty arbitration. The legal protection of the right to access information. ??Master the features and functions of investor-state arbitration. ??Understand why international investment law and investor-state arbitration are currently the subject of criticism and be able to assess the soundness of this criticism. ??Gain insight into the content of the treaties newly concluded and be able to assess how they address the issues of the right of host states to regulate, of foreign investors’ obligations, and of the legitimacy of arbitration tribunals. A huge thanks to Professor Yannick Radi for the excellent explanation and the information provided. I also thank the University of Louvain and edX for their support.

Please do let me and Professor Bradlow know if you would like to join the ASIL International Development Law Interest Group. In any event, please enjoy the referenced youtube video and excellent remarks by Sheila Braka Musiime and Professor Kristina Daugirdas!

One purpose of this webinar was to launch a new International Development Law Interest Group. We (Charles E. Di Leva and me) encourage people to join by sending us an expression of interest. Here is information on the group: At this event, the organizers will also discuss the launch of a new interest group on International Law of Development. The proposed group will have two main functions. First, it will provide a forum for ASIL members to discuss international laws and policies affecting IFIs, addressing global issues noted above, and a range of others, like their international responsibilities and roles in tackling global challenges such as climate change, poverty, and inequality. Second, it will offer a learning platform for aspiring development lawyers. Members can learn from experienced IFI and development lawyers about large-scale international transactions, the legal structures of IFIs, and the complex legal issues that can arise in their operations. This will include insights into working as a lawyer within these organizations. Vikram R., David Hunter, Margaux Day, Alberto Ninio 倪博图, Rosa Lastra, Aldo Caliari, Celine Tan, Anita Ramasastry, Charles E. Di Leva, Gina Barbieri, Magalie Masamba, PhD, Motoko Aizawa, Padideh Ala'i, Jonathan Swanepoel, Olabisi D. Akinkugbe, James Thuo Gathii,

? New on the EFILA Blog: Data as Protected Investment in the Background of Einarsson v. Canada ?? Our newest blog post, based on a journal article by Ioana Maria Bratu, MCIArb. (The Open University) and Arijit S. (Skywards Law), explores the evolving recognition of data as a protected investment in international arbitration. ??? Ioana and Arijit provide an analysis of the Einarsson v. Canada case, examining how seismic data can be considered an investment under IIAs and its implications for investor protections and state regulatory measures. ?? Read their blog post and gain insights from their original research: https://lnkd.in/eDXkkMni ?? Are you an academic or practitioner interested in sharing a summary of your published work? EFILA provides a platform for showcasing research-based insights in investment law. Submit your article summaries, case analyses, or commentaries today! #InvestmentLaw #InternationalArbitration #DataProtection #ISDS

The National Treatment Principle in international investment law ensures that foreign investors are treated equally to domestic investors within a host nation, creating a level playing field in global markets. This principle, recognized in various treaties and agreements, aims to protect the property and investments of foreign entities while balancing national policy objectives. The World Trade Organization plays a crucial role in maintaining this balance, and as digital trade and e-commerce continue to evolve, the extension of the National Treatment Principle becomes increasingly important. International Investment Arbitration serves as the key mechanism for resolving disputes related to this principle, highlighting its significance in the realm of international trade. #InternationalInvestmentLaw #NationalTreatmentPrinciple #WorldTradeOrganization #DigitalTrade #InvestmentArbitration https://lnkd.in/drtUDHvS

Delighted to see the release of my contribution with Jesús Robles Hernández in the European Yearbook of International Economic Law published with Springer Law! ?? Our book chapter, 'Third-Party Claims Before the Multilateral Investment Court: Enhancing Third-Party Rights in Investment Treaty Arbitration', examines through the two-fold lens of International and European law key challenges in investment treaty arbitration and explores pathways for reform.