Interpretation of the Umbrella Clause in Investment Agreements

Yannaca-Small, Katia

doi:10.1787/415453814578

Cited by 9 publications

(1 citation statement)

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“…RTAs can be seen as a type of IRC as they fulfil the following criteria: (1) the promotion of the convergence of international standards, mutual recognition and transparency; (2) the inclusion of sector-specific provisions; (3) the spread of information, good practice and knowledge exchanges (OECD, 2017 [104]). The number of regional trade agreements (RTAs) has been increasing throughout the last three decades (WTO, 2016 [109]; Xiong, 2017 [110]; Monteiro and Trachtman, 2020 [111]).…”

Section: Regional Trade Agreementsmentioning

confidence: 99%

Pursuing higher environmental goals for agriculture in an interconnected world

2023

OECD Food, Agriculture and Fisheries Papers

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Governments in many countries are pursuing higher environmental goals for agriculture. However, in an interconnected world, the unilateral adoption of environmental policies for agriculture can reduce the producers' competitiveness and induce pollution leakage. This report analyses these challenges and discusses policy solutions, focusing on two examples: climate change mitigation policies and policies limiting the environmental impacts of pesticides. The extent of competitiveness and leakage effects is found to depend on market conditions, differences in pollution intensity, and the type of environmental policy adopted. Two policy routes are identified to improve agriculture's environmental performance while maintaining the benefits of global markets. The first route relies on "direct" environmental policies, such as market-based instruments or regulations, which are rapidly effective in limiting environmental impacts but may require additional complementary policies to limit their potential competitiveness and leakage impacts. The second route involves alternative policies acting on agricultural supply, demand, or through private sector engagement, which limit competitiveness and leakage impacts but may require time to be environmentally effective.

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Section: Regional Trade Agreementsmentioning

confidence: 99%

Pursuing higher environmental goals for agriculture in an interconnected world

2023

OECD Food, Agriculture and Fisheries Papers

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Investment Protection and Sustainable Development in International Investment Agreements: Building Bridges Instead of Walls

Esenkulova

2020

World Trade and Local Public Interest

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Not a Third Party: Home State Participation As a Matter of Right in Investment Treaty Arbitration

Khan¹

2021

Public Actors in International Investment Law

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Host states are not the only sovereign parties that an investment dispute can impact. The sovereign interests of an investor’s home state are also potentially affected by an investment claim initiated by a national against an investment treaty partner, and more mechanisms should be put in place to ensure that the home state has access to the arbitration proceedings. This chapter argues for non-disputing state party participation as a matter of right in investment treaty arbitration cases. Whether or not the home state of the investor is informed of and allowed to participate in an investment dispute has largely been left to the discretion of arbitral tribunals; arbitration rules and jurisprudence have regarded the home state no differently than non-governmental third parties seeking to participate in the arbitration as amici curiae. From the perspective of increased transparency in the investor-state dispute settlement system, this chapter posits that non-disputing state parties must be accorded an elevated status in investor-state arbitration, with the following rights: first, to be formally notified at the outset about an investment treaty dispute; second, to have access to the documents of the arbitration case; and, third, to make written submissions with respect to the interpretation of the international investment agreement invoked in the claim. The analysis begins by identifying the sovereign interests of the home state that come into play in an investment treaty arbitration. The perils of diplomatic protection are examined in this chapter, to provide the perspective from which to delimit the parameters for non-disputing state party participation. A survey of arbitration rules and jurisprudence outlines the level of participation thus far accorded to home states in investment treaty arbitration.

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Interpretation of the Umbrella Clause in Investment Agreements

Cited by 9 publications

References 0 publications

Pursuing higher environmental goals for agriculture in an interconnected world

Pursuing higher environmental goals for agriculture in an interconnected world

Investment Protection and Sustainable Development in International Investment Agreements: Building Bridges Instead of Walls

Not a Third Party: Home State Participation As a Matter of Right in Investment Treaty Arbitration

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