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IISD | Economic Law and Policy Program

IISD-LED TEAM PROPOSES A DRAFT INTERNATIONAL AGREEMENT ON INVESTMENT AND CLIMATE CHANGE

To effectively tackle climate change, international economic law needs to be reformed and redirected at boosting environmentally sound investment, generating broad socioeconomic benefits for local communities and host states.

Recently, a team led by experts from IISD was chosen as one of the two winners of the Stockholm Treaty Lab’s top prize. The global competition crowdsourced ideas to encourage climate-friendly investment through international law.

Over 20 teams from around the world entered the contest, which challenged them to draft a state-of-the-art international agreement that, if adopted by states, would generate investments in climate change mitigation and adaptation, in line with the Paris Agreement on Climate Change and the SDGs.

The Creative Disrupters, a team of international lawyers, senior economists, policy advisers and communication specialists from IISD, as well as other experts, submitted an innovative treaty built around three pillars: demoting unsustainable investments, promoting sustainable investments, and ensuring a just transition to sustainable, climate-friendly and resilient economies and societies.

In coming months, team members from The Creative Disrupters will head to New York, Stockholm and Davos to present the treaty to policymakers.

 Nathalie Bernasconi-Osterwalder
Group Director, Economic Law and Policy Program

GOING BEYOND NICE WORDS FOR A PROGRESSIVE AND INCLUSIVE INVESTMENT AGENDA FOR CANADA

The Government of Canada has made the notion of a “progressive and inclusive” trade and investment agenda the linchpin of its trade policy development. In June, IISD organized a discussion among a range of stakeholders to discuss what a Progressive Reform Agenda for International Investment Law could look like. Participating experts discussed global developments in international investment negotiations and disputes, as well as challenges and opportunities facing the Government of Canada in developing a progressive agenda on investment.

Throughout the meeting, several ideas were posited by different participants as proposed solutions to the various problems identified in investment treaties and investor-state dispute settlement (ISDS) mechanisms. Our meeting report presents some of the main points that emerged from the contributions of the various stakeholders.

In the meantime, the Government of Canada launched its public consultation on the model foreign investment promotion and protection agreement (FIPA) in August. We share our thoughts on how Canada needs to do more than just tinker with a model that hasn’t had sustainable development at its core in this commentary.

IGF 2018 AGM

The Intergovernmental Forum on Mining, Mineral, Metals and Sustainable Development (IGF) is hosting its 14th Annual General Meeting (AGM) October 15–19, 2018, at the Palais des Nations in Geneva.

This year’s theme is Modern Mining Law and Policy: Accountable, Equitable and Innovative Approaches.

Sessions include topics such as: global trends in modern mining law and policy, revision of mining codes and laws, forest smart mining, gender governance tools in mining to support progress on the SDGs, promoting responsible supply chains and more.

The IGF’s AGM is a unique opportunity to engage with government officials from their nearly 70 member nations and representatives from industry, civil society and academia.

Learn more and register online today.

HELPING GOVERNMENTS STRENGTHEN ECONOMIES THROUGH LOCAL CONTENT POLICIES


A new toolkit from our mining team aims to help resource-rich countries find more sustainable and inclusive economic solutions, fostering stronger linkages between mineral resources and the rest of the economy.

The IGF Guidance for Governments focuses on local content policies and strategies created by governments requiring mining companies to utilize local goods and services when operating in another country. Because there is no one-size-fits-all solution with local content policies, this toolkit guides policy-makers towards workable made-in-country solutions for sustainable development.

Access the toolkit online.

SUSTAINABILITY STANDARDS IN MINING NEEDED TO ACHIEVE
THE SUSTAINABLE DEVELOPMENT GOALS

In the last decade, the international community has increasingly recognized the central role of sustainable consumption and production in the implementation of sustainable development. As a result, the mining sector, like other primary commodity sectors, has seen a wide variety of multi-stakeholder, market-based supply chain initiatives arise. Their rapid growth has been cause for concern for some civil society and public-sector players, as well as for the private sector, as keeping track of the sheer volume and diversity of initiatives is challenging and costly. This report dives headfirst into this complex and quickly moving space to provide readers with synthesis and analysis to better understand the state-of-play. 

BURKINA FASO AGRICULTURAL INVESTMENT CODE


In May 2018, the parliament of Burkina Faso adopted the Agricultural Investment Code. The new law aims at promoting productive investment in several agricultural-related fields, e.g. livestock, fisheries, forestry and fauna management. It establishes an enabling environment and creates incentives for investment in the sector. IISD assisted the Ministry of Agriculture and Food Security in the process of preparing and drafting the code since 2012, together with other partners, to ensure the integration of key sustainable investment issues.

SOIL CONTAMINATION IN CHINA


Soil contamination accumulated over the years, has become a massive challenge across the globe. In China alone, nearly 20 per cent of farmland is contaminated, posing a severe health risks, with remediation efforts expected to cost up to CNY 9 trillion. Our new report series on financing models for soil remediation highlights the financing tools that blend public and private funding for environmental rehabilitation to identify policy, regulatory and institutional gaps.

FINANCING FOR SUSTAINABLE INFRASTRUCTURE

There is a USD 90 trillion global infrastructure gap. IISD, alongside the MAVA Foundation, launched the Sustainable Infrastructure Finance Portal to help governments, citizens and financiers address this challenge and position infrastructure as the catalyst for realizing the SDGs.

Visit our portal to access news and views on the financing of sustainable infrastructure. You can also sign up for the newsletter to receive monthly updates straight to your inbox.

ADVISORY AND CAPACITY BUILDING

The ELP team is continuing to serve as a go-to resource of knowledge and capacity building in-country. 

Investment: IISD worked with a number of countries on their investment law and policy, and negotiations, including Argentina, Burkina Faso, Kenya, Madagascar, Mali, Mongolia, Mozambique, Namibia, and Rwanda.

Agricultural investment: Over the past months, we has been advising the Malawian Green Belt Authority to ensure the integration of sustainability into the projects. We have also been working with Madagascar's Ministry of Agriculture on designing the legal framework for the development of a sustainable agricultural investment zone (or agropole).

Sustainability standards: The standards team conducted assessments with key stakeholders in Kenya and Rwanda on the state of play of sustainable agricultural investment and capacity strengthening needs, with a particular focus on Voluntary Sustainability Standards (VSSs).

Mining: We hosted a workshop on transfer pricing risk assessment in mining, with participants from the Tanzania Revenue Authority (TRA), the Ministry of Mines and the Ministry of Finance to identify and address transfer pricing risks within the mining sector and protect the mining tax base from abusive transfer pricing. 

Procurement and infrastructure: IISD worked with several countries on making infrastructure more sustainable applying the SAVi methodology, including Morocco and Senegal. Learn more about SAVi.

RESOURCES

Artisanal and small-scale mining: Read our recent report on challenges and opportunities for greater female participation in artisanal and small-scale mining (ASM), which we presented at ASM18 in Zambia during our session on women in ASM. 

Investment facilitation: Listen to our webinar on  making sense of concepts, discussions and processes within investment facilitation. 

Financing infrastucture: Access a recording of our soil remediation webinar online, where we break down experiences from China and around the world on financing soil remediation.

IS TOURISM'S GROWTH HURTING COUNTRIES?


States wanting to sustainably grow their tourism sector may want to rethink their approach to investment treaties. Read this blog online, available in English and French.

COSTLY CONSEQUENCES OF THE ENERGY CHARTER TREATY


Read our analysis of the draft Model Investment Dispute Prevention and Management Protocol developed by the International Energy Charter Secretariat.

INVESTMENT TREATY NEWS


Our quarterly publication on news, analysis and opinions on international investment law and its implications for sustainable development has launched. This issue highlights the challenges of third-party funding in investment arbitration, the right to regulate in investment law and more. You can read Investment Treaty News online in English, French or Spanish.
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