About the Project

The Network for Justice in Global Investment is a joint effort by citizens and organizations in a variety of countries to challenge one of the most anti-democratic aspects of the global economic order – the rules governing international investment. Read More.

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Reports & Analysis


In this section, you will find information organized on four levels: 1. latest publications 2. global reports 3. regional analysis, and 4. reports published in 2010.


1.  The latest publications

Investment Treaties and Why They Matter to Sustainable Development: Questions and answers (IISD Publications Centre, 2011)

 

2. Global Reports

3.  Reports by Country and Region

4. Reports published in 2010


GLOBAL


U.S.-China Bilateral Investment Treaty Negotiations

Expedited talks with China may shine a brighter spotlight on these controversial agreements. (Sarah Anderson, Dec. 2009) Read the complete article.


Policy Handcuffs in the Financial Crisis: How U.S. Trade and Investment Policies Limit Government Power to Control Capital Flows

(2009, Institute for Policy Studies). Read the full report.


Written Comments related to the US model Bilateral Investment Treaty Submitted by NJGI Advisory Committee Members

In July, 2009, the public was given the opportunity to submit written and oral testimony to the US government.  Numerous Network for Justice in Global Investment Advisory Committee members submitted testimony.  Sarah Anderson, of Institute for Policy Studies,  is a member of the Subcommittee on Investment of the Advisory Committee on International Economic Policy Regarding the Model Bilateral Investment Treaty, and you can access her testimony, specifically on the issue of capital controls, here.  Jim Shultz, of The Democracy Center gave testimony specifically using the Bechtel vs. Bolivia case to demonstrate the anti-democratic aspects of the ICSID system.  Advisory Committee members, William Waren of Forum on Democracy & Trade and Jeff Conant of Food and Water Watch also gave testimony.

To read all of the testimonies submitted by the public, see the link below.


Regulations.com: Your Voice in Federal Decision Making

Follow this link to access written comments that were submitted to the US government related to the US model bilateral investment treaty in July 2009.


Report of the Subcommittee on Investment of the Advisory Committee on International Economic Policy Regarding the Model Bilateral Investment Treaty

Presented to the Department of State, September 30, 2009

Annexes to the Report of the Subcommittee on Investment of the Advisory Committee on International Economic Policy Regarding the Model Bilateral Investment Treaty

(including  joint submission by labor, environmental, and development groups)


Clash on Investment

Foreign Policy in Focus article by Sarah Anderson relating her experience serving on the Subcommittee on Investment of the Advisory Committee on International Economic Policy Regarding the Model Bilateral Investment Treaty, Nov. 4, 2009.  Read the complete article.


Challenging Corporate Investor Rule

(2007, Institute for Policy Studies). Read the full report.


“Recent Developments in Regional and Bilateral Investment Treaties”

International Institute for Sustainable Development´s report from the 2nd Annual Forum of Developing Country Investment Negotiators: 3-4 November, 2008; Read the full report.


Madly Off in All Directions

Dialogue on Globalization: The Global Governance of Foreign Direct Investment (FES Paper, No. 19 May 2005). Read the full report.


Secretive World Bank tribunal confronts calls to open up

(Bretton Woods project, 13 June, 2005). Read the full report.


Human Rights and Bilateral Investment Treaties: Mapping the role of human rights law within investor-state arbitration

(Rights & Democracy). Read the full report.


The Global Financial Crisis: Will State Emergency Measures Trigger International Investment Disputes?

Vale Columbia Center on Sustainable International Investment, Read the full report.


A Case for an International Investment Court

Social Science Research Network. Read the full report.


Constitutionalizing Economic Globalization: Investment Rules and Democracy’s Promise

Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. David Schneiderman (Cambridge University Press, 2008). Find more information on this book.


Investment Treaty Arbitration and Public Law

Written by H.H.A. Van Harten. Find more information on this book.


Dignity and Defiance- Stories from Bolivia’s Challenge to Globalization

The Democracy Center’s book, (Univerisity of California Press, 2008) Chapter 1: Water in Cochabamba After the Water Revolt: A Legend with Mixed Results. To access this chapter of Dignity and Defiance.

To access the website for Dignity and Defiance: Stories from Bolivia’s Challenge to Globalization.


“Total Aggrave son Cas”

Les Amis de la Terre. Read the report in French.


“Some investors are more equal than others”

Dani Rodrik’s weblog in support of the Financial Times article: March 12, 2008.  Read the post.

Les Amis de la Terre. Read the report in French.


[PDF] Transnational corporations: Major players in human rights violations

Alejandro Teitelbaum, Melik Özden, CETIM Dec 2011This report attempts to bring up to date the booklet entitled Transnational Corporations and HumanRights published by the CETIM in 2005…this report will concentrate mainly on: attempts, until now, to set binding international standards for TNCs; the armaments industry; TNCs dealing in mercenaries; the economic and financial crises, and the consequent impoverishment and the deterioration of the living conditions of large swathes of the world’s population…The (direct or indirect) involvement of TNCs in human rights violations needs no further proof…In spite of this, all attempts to obtain binding rules at the international level in order to control the activities of TNCs have failed until now…It is thus urgent to create binding rules for TNCs, for it is a question of the sovereignty of states and the right of people to decide their future… [refers to British Petorlem, Nike, Shell, Rio Tinto, Novartis, Groupe Suez]


ROUNDTABLE ON FREEDOM OF INVESTMENT 15
5 December 2011 – Paris, France
Summary of Roundtable discussions by the OECD Secretariat

 


REPORTS BY COUNTRY & REGION


AFRICA


The Congo


“Soul mining : the involvement of the EIB in the Tenke Fungurume mine, DRC”

Amis de la Terre. Read the report in French.


Republic of South Africa


Bilateral Investment Treaty Policy Framework Review

Executive Summary of Republic of South Africa Government Position Paper, July 2009.  Read the paper.


Tanzania


“The Water Margin”

The Guardian, Post on Tanzania, August, 2007.   Read the article.


REGIONAL REPORTS: Africa


Report Six Years Financing the Plundering of Africa

Les Amis de la Terre. Read the report in French and English.


THE AMERICAS


Argentina


Argentina Versus the World Bank: Fair Play or Fixed Fight?

Americas Program Special Report, April, 2008. Read the full report.


INTERVIEW: Argentina Seeks Diplomatic Exit From ICSID Suits

Posted by Bilaterals.org, Dow Jones October 12, 2007. “BUENOS AIRES -(Dow Jones)- Read the article.


Bolivia


“Why Bolivia Quit ICSID?”

Stop Telecom Italia. April 29, 2007. Read the full report.


“Leasing the Rain”

The New Yorker, April, 2002. “In April of 2000, in the central plaza of the beautiful old Andean city of Cochabamba, Bolivia, the body of Víctor Hugo Daza lay on a makeshift bier. Daza, a seventeen-year-old student, had been shot in the face by the Army during protests sparked by an increase in local water rates….” Read the article.


Ecuador


Ecuador´s Debt Default: Exposing a Gap in the Global Financial Architecture

Foreign Policy in Focus Commentary, December 15, 2008.  Read the articile.


Ecuador: World Bank Court May Rule in Oxy Case In 4Q 09

The Wall Street Journal, March 31, 2009. “QUITO (Dow Jones);   Read the article: Ecuador: World Bank Court May Rule in Oxy Case In 4Q 09


El Salvador


El Salvador government considers ban on mining as permit freeze leads to CAFTA arbitration

Investment Treaty News article, September 2, 2009.  Read the full article.


Salvadoran Anti-Mining Activists Risk Their Lives by Taking On ‘Free Trade’

Nacla, February 1, 2010. Read the full article.


EL SALVADOR: Activists Link Mining Co. to Murders

IPS-Interpress Service, January 27, 2010.  Read the full article.


Mexico


Inside U.S. Trade: Mexican Truckers file NAFTA Investor Claim; DOT Gives Proposal to NSC

Aprtil 10, 2009; Global Trade Watch posts Inside US Trade Article. “A group of Mexican trucking companies late last week filed for investor-state arbitration under the North American Free Trade Agreement (NAFTA), seeking billions of dollars in damages from the United States for the U.S. failure to open its market to Mexican trucks….”  Read the article.


REGIONAL REPORTS- The Americas


Foreign Investment and Sustainable Development: Lessons from the Americas

Working Group on Development and the Environment in the Americas, 2008. Read the full report.


“NAFTA Chapter 11 Investor-State Disputes to January 1, 2008”

Canadian Centre for Policy Alternative (CCPA) released this report. Read the full report.


Environmental policy implications of investor-state arbitration under NAFTA Chapter 11

International Environmental Agreements: Politics, Law and Economics Volume 7, Number 2/ June, 2007. Read the full report.


Lessons for the Central American Free Trade Agreement

NAFTA´s Threat to Sovereignty and Democracy: The Record of NAFTA Chapter 11 Investor-State Cases 1994-2005. (Public Citizen, 2005) Read the full report.


EUROPE


Kazakhstan


State of Kazakhstan

Les Amis de la Terre. Read the report in French.


Mega-Oil Project in Kshagan

Les Amis de la Terre. Read the report in French.


REGIONAL REPORTS: Europe


“Citizen’s guide to the European Investment Bank”

Counter Balance produced citizens guide.  Read the citizen’s guide in English Read the guide in French.


Reports published in 2010

US Wants to Send Latest Tuna-Dolphin Spat with Mexico to NAFTA (October, 2010)

EU Investment Agreements in the LISBON Treaty Era (August, 210)

Investment Rules in Trade Agreements. The Top 10 Changes to Build a Pro-Labor, Pro-Community and Pro-Environment Trans-Pacific Partnership (August, 2010)

PUBLIC STATEMENT ON THE INTERNATIONAL INVESTMENT REGIME (Public Statement) (August, 2010)

Investment Rules in Trade Agreements: Korea-U.S. and Beyond(August, 2010)

NAFTA investment disputes increasingly targeting Canada (July, 2010)

Bilateral Investment Treaties: a Canadian Primer (May, 2010)

Mining for Profits in International Tribunals (April, 2010)

Phillip Morris’ case against Uruguay (April, 2010)

CAFTA Investor Rights Undermining Democracy and the Environment: Pacific Rim Mining Case (May, 2010)


Counter Balance produced citizens guide.  Read the citizen’s guide in English Read the guide in French.


Reports published in 2012

Pardee Center Task Force Report, March 2012

This report is the product of the Pardee Center Task Force on Regulating Global Capital Flows for Long-Run Development convened in September 2011 on behalf of the Pardee Center’s Global Economic Governance Initiative led by Kevin P. Gallagher, Associate Professor of International Relations at Boston University.  Gallagher co-chaired the Task Force along with Stephany Griffith-Jones and José Antonio Ocampo of the Initiative for Policy Dialogue (IPD) at Columbia University.

UNCTAD publishes its annual review of investor-State dispute settlement cases. 16 April 2012

2011 marks a new record with at least 46 new investment arbitration cases initiated against host countries – the highest number of known treaty-based disputes ever filed in one year.

Perspectives on topical foreign direct investment issues by the Vale Columbia Center on Sustainable International Investment  April 16, 2012

The ICSID Convention, under Article 25(1), applies only to those investment disputes that are between a contracting state and a “national” of another contracting state.Given that limitation, and in light of the significant and growing amount of foreign investment by state-controlled entities (SCEs),[1] ICSID tribunals likely will need to address one fundamental issue with greater frequency: whether disputes arising from SCE investments constitute investor-state disputes falling within, or state-to-state disputes falling outside of, the scope of the ICSID Convention.[2]

EU and US adopt blueprint for open and stable investment climates 10 April 2012

EU Trade Commissioner Karel De Gucht and Deputy Assistant to the President of the United States Michael Froman agreed on an ambitious set of investment principles and openly invite other countries to follow suit. In the framework of the Transatlantic Economic Council (TEC), the EU and the US have developed a blueprint for creating and maintaining stable, predictable and transparent investment regimes. The principles cover the elements which the EU and the US believe are necessary to attract long-term sustainable investment.

Statement of the European Union and the United States on Shared Principles for International Investment

As the world’s largest sources of and destinations for foreign investment, the European Union and the United States have long recognized the critical importance of creating and maintaining open and stable investment climates and policies, which contribute to sustainable economic development and growth, job creation, increased productivity, technological innovation, and competitiveness. We therefore reaffirm our shared commitment to the following principles regarding international investment, which we believe are essential elements for developing and maintaining open investment policies worldwide. We believe that governments can fully implement these principles while still preserving the authority to adopt and maintain measures necessary to regulate in the public interest to pursue certain public policies. We further believe that governments should not seek to attract foreign investment by weakening or failing to apply such measures.

 

 

 

 


To access the information in this category available in Spanish, click here.