Dr. Howard Mann is a senior advisor to the Intergovernmental Forum on Mining, Minerals, and Sustainable Development (IGF) and the Senior International Law Advisor for IISD, where he specializes in international law relating to investment and sustainable development. From 1999 to 2009, Howard founded and managed IISD’s Investment and Sustainable Development Program. During and since this period, he has worked with colleagues to advise government officials from over 80 developing countries and multiple regional organizations on international investment law issues, investment treaty negotiations, investment contract negotiations in mining and agriculture, and the development of sound domestic investment laws and policies from a sustainable development perspective. Of particular importance to the globalized mining sectors, Howard brings unique expertise to the relationship between the different sources of international and domestic law to his work, including expertise in Canada’s international obligations to foreign investors. He also brings relevant human rights experience, including serving as an advisor to the United Nations on the work of Professor John Ruggie, which led to the UN Guiding Principles on Business and Human Rights.
Howard was a leading participant in the development and drafting of the Model Mining Development Agreement (MMDA), the first internationally recognized model contract on mining from a sustainable development perspective. In particular, his work drafting MMDA sections on local business development, employment, community development agreements, and infrastructure development and sharing have been utilized by IISD, Sustainable Development Strategies Group (SDSG) and others to improve mining legislation and mine development agreements around the world. Howard is a recognized leader in training for developing countries on mining law and contracts and best practices, having participated and led regional and national-level training programs in Africa and Asia.
Prior to joining IISD, he was a specialist in international and constitutional law relating to the environment as counsel with the federal Department of Justice. In that capacity, he was part of Canadian negotiation delegations on Climate Change, Biodiversity, Hazardous Waste and other international conventions. He also led the constitutional work on the development of Canadian implementation legislation for these agreements and on the drafting of the Canadian Environmental Assessment Act. Howard also led the federal side in developing a working group of federal and provincial lawyers working on environmental law to promote greater harmony in governmental approaches across the country during a critical time in the development of that field.
All Publications
- Investment Facilitation for Sustainable Development: Getting it right for developing countries
Commentary - August 26, 2019
This piece explores how investment facilitation belongs not in binding World Trade Organization rules, but in the work of organizations that focus on research, best practice and capacity building for developing countries. - Modelling for Sustainable Development: New decisions for a new age
Book - July 8, 2019
This book provides a detailed overview of models used in designing projects and policies that integrate sustainable development considerations and objectives. - SADC-IISD Investment Facilitation Workshop
Report - February 22, 2019
Report of the meeting held August 21–23, 2018 in Johannesburg, South Africa. - Reducing IIA Risks to Climate Change Rules Using Permits
Blog - January 30, 2019
The purchase of Washington Gas holds important developments for permitting foreign investment without hampering the growth of climate change regulations. - International Energy Charter Draft Model Investment Dispute Prevention and Management Protocol
Commentary - August 10, 2018
IISD legal analysis of the draft Model Investment Dispute Prevention and Management Protocol developed by International Energy Charter Secretariat. - Developing a Progressive Agenda for Reform of International Investment Law: Canadian perspectives
Report - July 13, 2018
This report presents the ideas posited by various Canadian stakeholders in an IISD expert meeting on a progressive agenda on investment, held in Ottawa, Canada, June 13, 2018. - The Federal Court of Canada and the End of Investor-state Dispute Settlement in NAFTA?
Blog - May 4, 2018
A recent Federal Court of Canada decision should spell the end of renegotiations on the investment chapter of NAFTA, and ignite a renegotiation of the investment chapters of other trade agreements. - Towards an Indicative List of FDI Sustainability Characteristics
Paper - October 17, 2017
Based on a review of 150 instruments, ranging from international investment agreements to codes of multinational enterprises, this paper identifies ten core characteristics of sustainable FDI and twenty emerging sustainable FDI characteristics widely accepted across ten stakeholder groups - As Mines Become More Automated, What Happens to the Social Licence to Operate?
Blog - October 25, 2016
We recently examined the impact of this automation on local spending and employment. Our aim was to determine the impact on economic development in host states and, by extension, the mines’ social licence to operate. - Mining a Mirage? Reassessing the shared-value paradigm in light of the technological advances in the mining sector
Report - October 19, 2016
This report uses real-world mining data to estimate the impacts of new technologies on employment and employment-related procurement, which drive major benefits in host countries. - The Trans-Pacific Partnership, Part I: A deal too far
Commentary - February 1, 2016
The release of the Trans-Pacific Partnership Agreement last fall has unleashed a heated debate over its costs and benefits. - Investment Treaty News Quarterly, Volume 6, Issue 2, May 2015
Newsletter - May 21, 2015
In this issue:The Merits and Limitations of General Exception Clauses in Contemporary Investment Treaty Practice; Rethinking Investment-Related... - IISD Handbook on Mining Contract Negotiations for Developing Countries Volume 1: Preparing for Success
Paper - April 18, 2015
This guide is for developing countries that are engaged in various levels of mining negotiations with mining companies.Volume 1 provides a... - IISD Expert Series: Howard Mann
Video - February 26, 2015
Howard Mann was appointed as an Associate and Senior International Law Advisor to IISD in 1998. From 2003-2009, he initiated and managed IISD&rsquo... - Public Consultation on Updating the Policy Framework for Investment: Submission by the International Institute for Sustainable Development
Commentary - December 31, 2014
The Organisation for Economic Co-operation and Development (OECD) is updating its Policy Framework for Investment (PFI) to reflect new global... - The IISD Guide to Negotiating Investment Contracts for Farmland and Water
Paper - October 30, 2014
The IISD Guide to Negotiating Investment Contracts for Farmland and Water is a legal and policy tool for governments and communities that are involved in negotiating investment contracts with foreign investors. - Webinar with Howard Mann on the Comprehensive Economic and Trade Agreement (CETA)
Video - September 19, 2014
A June 6, 2014 webinar featuring IISD's Senior Law Advisor Howard Mann, who presented an analysis based on the latest leaks of the CETA... - Bilateral Investment Treaties, Mining and National Champions: Making it work
Paper - July 10, 2014
The past decade has seen a surge of national and regional efforts to re-envision the role of mining in East Africa and more broadly in Africa as a... - A Response to the European Commission's December 2013 Document "Investment Provisions in the EU-Canada Free Trade Agreement (CETA)"
Paper - March 7, 2014
On December 3, 2013, the European Commission issued a document concerning the investment provisions in the EU-Canada free trade agreement (CETA)... - The Canada-EU Comprehensive Economic and Trade Agreement: House of Commons submission
Paper - December 18, 2013
Howard Mann, Associate & Senior International Law Advisor, testified to the Canadian House of Commons Standing Committee on International Trade... - Model Mining Development Agreement - Transparency Template
Paper - September 11, 2013
This report was prepared by IISD in conjunction with Sustainable Development Strategies Group (SDSG).It consists of a detailed analysis of the... - Reconceptualizing International Investment Law: Its role in sustainable development
Commentary - May 23, 2013
This essay provides an overview of the evolution of international investment treaties since their origins in 1959.It focuses on the purposes, goals... - The Canada-China investment treaty sleight of hand
Commentary - January 10, 2013
Since 2005, Canada has prided itself on selling an advanced model of investment treaty to developing countries—one that, it has argued, protects... - Investment Treaty News Quarterly, Volume 3, Issue 1, October 2012
Newsletter - October 29, 2012
In this issue:Investment Treaties and Investor Corruption: An Emerging Defense for Host States?; Dealing With the Increasing Complexity of... - Investment Treaty News Quarterly, Volume 2, Issue 1, October 2011
Newsletter - September 27, 2011
In this issue:Rethinking investor-state contracts through a sustainable development lens; Stabilization in investment contracts: Rethinking the... - Investment Treaty News Quarterly, Volume 1, Issue 4, July 2011
Newsletter - July 5, 2011
In this issue:Philip Morris v. Uruguay: Will investor-state arbitration send restrictions on tobacco marketing up in smoke?; Australia's rejection... - The realities of sustainability
Commentary - October 18, 2010
In an interview with the International Financial Law Review (IFLR), Howard Mann reflects on a career at the forefront of international sustainable... - A Thirst for Distant Lands: Foreign investment in agricultural land and water
Paper - May 15, 2009
This paper examines how water is the main driver behind a new wave of foreign investment in the agriculture sector. Investors have made it clear... - Clean Energy Investment: Policymakers' Summary
Paper - August 21, 2008
This is a summary of a longer report (PDF - 1.1 mb), which synthesizes the lessons learned over a year's study of the barriers and opportunities... - Clean Energy Investment: Project synthesis report
Paper - August 21, 2008
This report synthesizes the lessons learned over a year's study of the barriers and opportunities for clean energy investment in developing... - International Investment Agreements, Business and Human Rights: Key Issues and Opportunities
Paper - March 15, 2008
The paper was prepared for Prof. John Ruggie, UN Special Representative to the Secretary General for Business and Human Rights. It explores the... - Is Let's Make a Deal Now Dead at the WTO? Approach to trade negotiations might need to be revisited
Commentary - January 11, 2006
Before the Ministerial Meeting of the WTO in Hong Kong in December 2005, the world was warned by the WTO itself not to expect much of an outcome.... - The Final Decision in Methanex v. United States: Some New Wine in Some New Bottles
Commentary - August 23, 2005
On August 3, 2005, the Panel in the NAFTA Chapter 11 case Methanex v. The United States issued its long-awaited ruling, rejecting all of the company's arguments. - A Southern Agenda on Investment? Promoting Development with Balanced Rights and Obligations for Investors, Host States and Home States
Book - April 27, 2005
IISD's Southern Agenda on Investment is one of, if not the first, deliberate effort to look at how to approach international investment... - IISD Model International Agreement on Investment for Sustainable Development - Negotiators' Handbook
Book - April 27, 2005
The current model for International Investment Agreements (IIAs) was developed 50 years ago in a political and economic context that bears little... - IISD Model International Agreement on Investment for Sustainable Development
Paper - April 27, 2005
The current model for International Investment Agreements (IIAs) was developed 50 years ago in a political and economic context that bears little... - Comments on ICSID Discussion Paper, "Possible Improvements of the Framework for ICSID Arbitration"
Paper - December 15, 2004
IISD's Investment and Sustainable Development team has responded to a call for comments by the International Centre for Settlement of Investment... - International Economic Law: Water for Money's Sake
Paper - November 3, 2004
This paper analyzes the implications of international trade and investment treaties, such as the North American Free Trade Agreement, GATS and... - Amicus Curiae post-hearing submission to the NAFTA Chapter 11 Tribunal: Methanex Corp. v. the United States of America
Paper - July 21, 2004
IISD's post-hearing submission in the NAFTA Chapter 11 case Methanex v. the USA argues that the US defence of the California MTBE ban as a public health measure does not go far enough. - NAFTA Need Fixing? It Sure Does! Prime Minister Martin market tests amending NAFTA before top US media executives
Commentary - July 14, 2004
On July 7, 2004, Prime Minister Paul Martin called for serious amendments to the North American Free Trade Agreement while speaking before an... - Towards A Southern Agenda on International Investment: Discussion Paper on the Role of International Investment Agreements
Paper - June 15, 2004
Until recently, the universe of international investment agreements (IIAs) and their role in relation to sustainable development had not received... - Investment and Sustainable Development: A Guide to the Use and Potential of International Investment Agreements
Book - May 26, 2004
This book looks at the role international investment agreements have, and might have, in fostering sustainable development. Such an analysis is... - Amicus Curiae submissions to the NAFTA Chapter 11 Tribunal: Methanex Corp. v. the United States of America
Paper - March 12, 2004
IISD's submission to the NAFTA Chapter Methanex panel marks the first ever accepted submission to a NAFTA investment tribunal of a "friend of the court." - Assessing the Impact of NAFTA on Environmental Law and Management Processes
Paper - October 28, 2003
This paper, prepared for the North American Symposium on Understanding the Linkages between Trade and Environment, Commission for Environmental... - The Free Trade Commission Statements of October 7, 2003, on NAFTA's Chapter 11: Never-Never Land or Real Progress?
Commentary - October 15, 2003
This brief analysis assesses a set of statements issued by NAFTA's Free Trade Commission October 7, 2003, related to NAFTA's Chapter 11. The... - Protecting Investor Rights and the Public Good: Assessing NAFTA's Chapter 11 (English, Spanish)
Paper - October 9, 2003
This paper served as the background document for the tri-national policy workshops of the Investment Law and Sustainable Development Program. It... - The State of Trade and Environment Law 2003: Implications for Doha and Beyond
Book - September 13, 2003
The relationship between trade and environment has, over the last decade, become an important focus for many environmental and other civil society... - Who Owns "Your" Water? Reclaiming Water as a Public Good Under International Trade and Investment Law
Paper - August 28, 2003
This paper, an amalgamation of two previous papers on the subject by ... - Investment, Doha and the WTO
Paper - August 16, 2003
This paper served as background to the IISD-RIIA Chatham House experts' meeting on investment, and the subsequent briefings in Geneva and Brussels.... - Standards for Sustainable Trade: Overview of the Issues and Outline of the Project
Paper - December 5, 2002
This paper sets out some background information and parameters for the regionally based research project. The following two sections of the paper... - Review of the Decision on Jurisdiction of the Methanex Tribunal, August 7, 2002
Paper - August 17, 2002
On August 7, 2002, the Tribunal in the NAFTA Chapter 11 case Methanex vs. the United States of America delivered an interim ruling. This brief non-technical summary discusses the ruling and its significance for sustainable development. - First North American Symposium on Understanding the Linkages Between Trade and Environment
Paper - January 26, 2002
Through the combination of its substantive provisions, adjudicative processes and ... - NAFTA's Chapter 11 and the Environment: Addressing the Impacts of the Investor-State Process on the Environment
Paper - January 17, 2002
Investment by private sector companies into foreign countries, often referred to as foreign direct investment or FDI, emerged in the 1980s and... - Private Rights, Public Problems: A guide to NAFTA's controversial chapter on investor rights
Book - October 6, 2001
This guide was jointly produced by IISD and WWF-U.S. as part of an international effort to raise awareness on the full implications of investment...