Mohammed Abdelwahab Bekhechi的动态

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

It's a pleasure to inform that one of my articles titled "La Oroya v Peru and Renco v Peru (II): Prospects and Challenges of Regime Interaction and Cross-Fertilisation in ISDS" has been published in OGEL Energy Law / Transnational Dispute Management (TDM) journal, under their advance publication series. The regime of investment law has been interacting with other branches of public international law, e.g. the international human rights law, environmental law, climate change law etc. Moreover, international and regional courts dealing with such norms have been rendering judgments, the impact of which cannot be ignored in ISDS. IACtHR has very recently rendered its landmark judgment in La Oroya v Peru, where the potential implication of the investor's actions causing catastrophic pollution in the small city of La Oroya has been considered. The investor filed Renco v Peru (II) involving identical facts. In this article, I've argued and anticipated that the tribunal in Renco v Peru (II) will consider the judgment in La Oroya v Peru. Then, I've tried to explore the contentious issues of regime interaction and cross-fertilisation in investment arbitration, in the light of these two cases. Only time will tell whether my prediction has been correct. My heartfelt gratitude to Professor Dr A F M Maniruzzaman and Kiran Nasir Gore, for reviewing my paper and for all the valuable insights which have enriched the work. My sincere thanks to Anton Hoenson for his constant support throughout the editorial process. All the errors are mine. I think the combination of these two issues in the context of specific cases is something new, providing extensive opportunities to further explore the topic. I will be glad to share views and thoughts with others who may have been working in this field. #regimeinteraction #crossfertilisation #environment #investmentlaw #ISDS

Today at UNCITRAL: United Nations Commission on International Trade Law Working Group III, an interesting?side event moderated by Prof. Chiara Giorgetti has addressed?recent developments concerning compensation in international investment law. It emerges that treaty language is changing with the aim to attain, even in the quantum phase, 'an equitable balance between the public interest and interest of those affected'. In the quantum phase, arbitrators are called to re-establish the equilibrium broken by the wrong of the state and to award the appropriate amount of indemnity to restore the foreign investor. In this context, proportionality may play a role by enabling arbitrators to evaluate and coordinate interests and circumstances at stake. Here are a few reflections on the application?of the principle of proportionality to assess compensation:?https://lnkd.in/drqXMX7c

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.

I am glad to see my article ?Can the European Union Serve Two Masters? Revisiting the Conflict Between EU Treaties and Investment Agreements Under the Law of Treaties? published in the latest issue of Diritto del Commercio Internazionale / The Law of International Trade. The work proposes a revisitation of the intra-EU saga, focusing on the normative conflict between EU treaties and the Energy Charter Treaty (ECT). It is argued that investment tribunals have unsatisfactorily approached the problem as a 'clash of constitutions' and that the 'selective engagement' of the European Union with investment law has long hindered the settlement of the issue. The full article will be (soon) available in the DeJure database (www.dejure.it). If you would like to read it or discuss any aspect of the intersection between treaty law, investment law and energy, please reach out!

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,

The?UNCITRAL: United Nations Commission on International Trade Law, Working Group III, has proposed a groundbreaking advisory center to reform investor-State dispute settlement (ISDS). Here are the highlights: Establishment: A new Advisory Centre on International Investment Dispute Resolution is set to be established, aiming to support and train States in handling investment disputes, with a focus on developing countries. Structure: The Centre will have a Governing Committee, an Executive Committee, and a Secretariat, ensuring effective, independent, and sustainable operations. Services: It will offer legal advice, support for dispute proceedings, and capacity-building activities, prioritizing least developed and developing countries. Financing: Operations will be funded by Member contributions, service fees, and voluntary contributions, with a financial structure ensuring accessibility and affordability. This initiative represents a significant step towards a more equitable and efficient resolution of investment disputes, especially enhancing the capacity of small States to manage such challenges effectively. #Law?International?#DisputeResolution?International?#Arbitration

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

?? Open Call for Submissions: YSEC Yearbook Volume VI! ?? We are thrilled to announce the Open Call for the Yearbook of Socio-Economic Constitutions (YSEC) 2025 (Vol VI)! ?? Theme: Domestic Law and Policy in the Regulation of Foreign Investment This edition aims to delve into the evolving significance of domestic legal frameworks in contemporary international investment law. As bilateral investment treaties (BITs) face increasing scrutiny, we observe strong demands for enhanced state involvement and a reaffirmation of sovereignty in investor-state relations. Key areas of focus include: ?? The transition from international to domestic investment regulation ?? The role of domestic laws in areas like food, agriculture, health, environment, and labor ??? The impact of national constitutional principles on foreign investment protection ?? The interaction between domestic and international law in investment arbitration We invite submissions exploring these and other relevant themes. Deadline for proposals: 30 September 2024 Proposal length: No more than 500 words Submission email: [email protected] Successful applicants will be notified by mid-October 2024. Join us in contributing to this critical discourse on the re-nationalization of investment screening and the evolving dynamics of domestic law in the regulation of foreign investment. We look forward to your insightful contributions! #YSEC2025 #ForeignInvestment #InternationalLaw #DomesticPolicy #CallForPapers #LegalResearch #InvestmentLaw ?? Find out more: https://ysec-yearbook.eu Steffen Hindelang Andreas Moberg Szilárd Gáspár-Szilágyi, PhD, LLM Eduardo Gill-Pedro Stefan Korte Nils Schaks Eva Storskrubb Suzana Tavares da Silva Paolo Vargiu Johanna Engstr?m Dr. Teoman Hagemeyer-Witzleb Martin Johansson Gunnar Thor Petursson Jens Hillebrand Pohl Georges Vallindas