Expropriation
Description:... This volume is part of a series of revised editions - sequels - to UNCTAD's Series on Issues in International Investment Agreements. The first generation of this series (also called the Pink Series) was published between 1999 and 2005 as part of UNCTAD's work programme on international investment agreements (IIAs). It aimed at helping developing countries to participate as effectively as possible in international investment rulemaking at the bilateral, regional, plurilateral and multilateral levels. The series sought to provide balanced analyses of issues that may arise in discussions about IIAs, and has since then become a standard reference tool for IIA negotiators, policymakers, the private sector, academia and other stakeholders. Since the publication of the first generation of the Pink Series, the world of IIAs has changed tremendously. In terms of numbers, the IIAs' universe has grown, and continues to do so - albeit to a lesser degree. Also, the impact of IIAs has evolved. Many investor- State dispute settlement (ISDS) cases have brought to light unanticipated - and partially undesired side effects of IIAs. With its expansive - and sometimes contradictory - interpretations, the arbitral interpretation process has created a new learning environment for countries and, in particular, for IIA negotiators. Issues of transparency, predictability and policy space have come to the forefront of the debate. So has the objective of ensuring coherence between IIAs and other areas of public policy, including policies to address global challenges such as the protection of the environment (climate change) or public health and safety. Finally, the underlying dynamics of IIA rulemaking have changed. A rise in South-South FDI flows and the emerging economies' growing role as outward investors - also with respect to the developed world - are beginning to alter the context and background against which ILAs are being negotiated.
Show description