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Shifting Paradigms in International Investment LawMore Balanced, Less Isolated, Increasingly Diversified$
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Steffen Hindelang and Markus Krajewski

Print publication date: 2016

Print ISBN-13: 9780198738428

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780198738428.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 January 2021

Negotiating New Generation International Investment Agreements

Negotiating New Generation International Investment Agreements

New Sustainable Development Oriented Initiatives

(p.41) II Negotiating New Generation International Investment Agreements
Shifting Paradigms in International Investment Law

Peter Muchlinski

Oxford University Press

International Investment Agreements (IIAs) are in need of substantial reconsideration. This position has now entered the mainstream with bodies such as UNCTAD and the Commonwealth Secretariat offering detailed models for the recalibration of IIAs. At the core of this development lies the fear that an unaccountable, privatized, system of Investor–State Dispute Settlement (ISDS), is acquiring too great a role in international life. Against this background both organizations seek to place sustainable development at the heart of the IIA reform project. This chapter looks at the changing investment environment and why this requires change to IIAs based on sustainable development. It then examines how changing circumstances may affect the design and content of new IIAs focusing on resolving controversial interpretations of existing provisions, as well as on the introduction of new provisions that may be required to further sustainable development goals. Finally, proposed reforms of ISDS procedures are briefly reviewed.

Keywords:   international investment agreements, sustainable development, foreign investment, international investment law, international commercial arbitration, investor protection, right to regulate

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