Developing and Negotiating Based on a Model Investment Treaty

The well-documented explosion in investment treaty arbitrations starting in the early 2000s and peaking in 2015 has prompted many countries to rethink their approaches to international investment governance, including bilateral investment treaties (BITs).

States’ responses have ranged from widescale termination of BITs to excluding the investor–state dispute settlement (ISDS) mechanism or denouncing the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention).

Against this background, some states have chosen to develop a model BIT seeking to correct the problematic language found in earlier iterations, to provide stronger sustainable investment elements and to limit access to ISDS. Countries such as Bolivia, Brazil, Canada, Colombia, Ecuador, India, the Netherlands and Nigeria have all recently reviewed or developed or are in the process of reviewing or developing national models.

The third session of IISD’s Webinar Series on Investment Law and Policy takes place against the backdrop of these recent developments in model investment treaties. Expert presenters from government and academia will provide insights on the policies and practical implications of developing a model and then taking it to the negotiating table. The webinar will also provide an opportunity for participants to discuss and share views on the utility of a model agreement, the challenges it poses, and other critical issues of particular interest to developing country investment negotiators and policy-makers.