1 International Investment Agreements (IIAs): Possible Ways Forward Workshop on trade-related issues relevant to the implementation of the WHO FCTC Elisabeth Tuerk Geneva, 15 March 2012 OiC, International Investment Agreements Section Division on Investment and Enterprise UNCTAD
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1
International Investment Agreements (IIAs): Possible Ways Forward
Workshop on trade-related issues relevant to the implementation of the WHO FCTC
Elisabeth Tuerk
Geneva, 15 March 2012
OiC, International Investment Agreements Section Division on Investment and Enterprise
UNCTAD
2
Overview
• Current Trends in IIAs and ISDS
• Possible Policy Options
– for dealing with existing and avoiding future ISDS cases
• fostering transparency
• guiding the interpretation of IIA obligations
• negotiating more sustainable development friendly IIAs
• preventing investor-State disputes
Current Trends in IIAs and ISDS
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By end of 2010, the IIA universe consisted of more than 3,100 “core” IIAs
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Other IIAs BITs All IIAs cumulative
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By end of 2010, the number of known IIA-based arbitrations has come to more than 390
Possible Policy Options
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Fostering transparency in IIA-related processes
• Increasing transparency & information sharing about investor-State dispute settlement (ISDS) cases
• Considering non-party contributions to ISDS cases
• Sharing experiences between States
• Promoting inclusive IIA-related decision-making
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Guiding the interpretation of IIA obligations
• Interpreting & clarifying obligations in IIAs and WHO FCTC
• Examples of statements in other, related contexts