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ISDS Reform Without Remedy: A Report from the 51st Session of UNCITRAL WGIII The most recent session of the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII), ...
Governments around the world are facing complex and pressing issues relating to their international investment treaties. Investor-state arbitrations based on those treaties are on the rise, involving ...
Businesses are increasingly recognizing their responsibility to balance the needs of both stakeholders — such as employees and frontline communities — and shareholders. However, translating this ...
A Report from the 51st Session of UNCITRAL WGIIIKeyword filter: ...
The discussion on the denial of benefits provision (draft provision 17) proved to be one of the most revealing—and debated—moments of the session. On the final day, Argentina introduced a revised ...
The right to regulate provision (draft provision 19) similarly drew divided reactions. For many developing countries, affirming the sovereign right to regulate in the public interest—particularly in ...
The treatment of shareholder claims for reflective loss (draft provision 18) continued to spotlight one of the more contentious issues in ISDS reform. Most domestic legal systems and principles of ...
The discussion of exhaustion of local remedies (draft provision 14) illustrated many of the challenges currently facing WGIII. The version presented in Working Paper 244 was notably weaker than an ...
To examine how industry giants incorporate climate considerations into their business plans, this analysis considers companies that are ranked within the top ten of their sectors based on market ...
In the early 1990s, the European Economic Community—the predecessor of the European Union (EU)—spearheaded an initiative to promote international cooperation in the energy sector, particularly with ...
Note: CCSI submitted a response to the OECD public consultation on investment treaties and climate change that builds on the text of this piece. Existing investment treaties do not and cannot advance ...