Advisory Services on International Investment Law
The highly qualified international lawyers of IISD’s Investment Program offer advisory services on international investment treaties and contracts, with respect to investment negotiations, implementation and disputes.
This includes bilateral and regional investment treaties—both free trade and sectoral agreements—with investment chapters or other investment provisions.
IISD also conducts workshops and training courses for negotiators of international investment treaties and contracts as well as policy-makers and government officials involved in international investment issues. This capacity-building work includes the Annual Forum of Developing Country Investment Negotiators.
The annual forum gives negotiators and other key officials the opportunity to share common experiences and problems, discuss emerging issues, review recent legal developments in the field and engage in peer learning with fellow negotiators.
Representatives from 111 developing countries have attended the annual forum, which is now in its 11th year. We have offered targeted training and private advisory services to nations and regional organizations across the globe.
As the international investment regime evolves into an increasingly complex web of international investment treaties and host government contracts, IISD hopes to enable developing countries to obtain a full understanding of the implications of these legal instruments and to level the playing field in investment negotiations and disputes.
IISD offers a range of services, including:
- Advising on drafting, negotiating and implementing international investment treaties
- Advising on drafting, negotiating and implementing host government contracts
- Advising on investment disputes at the pre-claim stage, including legal opinions on potential claims, negotiation and mediation
- Preparing legal opinions on international investment law
- Training negotiators and government officials at the country-specific and regional levels
IISD does not act for the states involved in an investment dispute, although its legal team is able to assist in managing potential claims, by providing legal opinions and advice.
Advice free of charge for developing countries
IISD provides advice for developing countries. However, countries may be requested to contribute towards reasonable expenses. In case of insufficient funds, priority is given to least-developed countries.
Assessing the Impacts of Investment Treaties: Overview of the evidenceInvestment treaties grant powerful legal rights to foreign investors. Foreign investors’ ability to frame plausible multimillion-dollar claims against a wide range of host government actions—and the fact that these claims are adjudicated through a system of private arbitration—has made investment treaties controversial. This scoping study seeks to provide an overview and assessment of existing evidence of investment treaties’ impacts. Read More
Investment Treaty News Quarterly (ITN), Volume 8, Issue 3, September 2017Investment Treaty News (ITN) is IISD’s flagship quarterly journal on international investment law and policy. Read More
Investment Treaty News Quarterly (ITN), Volume 8, Issue 2, June 2017Investment Treaty News is IISD’s flagship quarterly journal on international investment law and policy. Read More
Investment Treaty News Quarterly (ITN), Volume 8, Issue 1, March 2017Investment Treaty News is IISD’s flagship quarterly journal on international investment law and policy. Read More
IISD Best Practices Series: The Most-Favoured-Nation Clause in Investment TreatiesThis IISD Best Practices paper studies the most-favoured-nation (MFN) clause in investment treaties and its interpretation by arbitral tribunals, drawing lessons for states. Read More
IISD Best Practices Series: Exhaustion of Local Remedies in International Investment LawPart of IISD’s Best Practices Series, this advisory bulletin reviews state-of-the-art options and approaches to the exhaustion of local remedies requirement in international investment law. Read More
IISD Best Practices Series: Performance Requirements in Investment TreatiesThis paper surveys the types of performance requirements (PRs) in use around the world, and briefly describes the WTO’s Agreement on Trade-Related Investment Measures (TRIMs). Read More
IISD Best Practices Series: State-State Dispute Settlement Clause in Investment TreatiesThis paper looks at state–state dispute settlement provisions in international investment agreements, examining the different mechanisms used to settle investment disputes, including judicial, quasi-judicial and arbitration procedures. Read More
IISD Best Practices: Compensation for ExpropriationThis paper analyzes the principles governing compensation for expropriation, as well as the primary methods of calculating the amount. Read More
IISD Best Practices Series: Registration and Approval Requirements in Investment TreatiesThis paper analyzes registration and approval requirements for investments in investment treaties, and examines the interpretation of such provisions by arbitral tribunals. Read More