Publications

2020

Don’t Throw Caution to the Wind: In the Green Energy Transition, Not All Critical Minerals Will Be Goldmines (co-author, with Perrine Toledano, Solina Kennedy, and Howard Mann). Governments, international actors, and mining advocates seeking to optimize the value of green energy mineral reserve should heed caution when pursuing and promoting the mining of critical minerals. We provide specific recommendations in the paper. Full paper and summary available in PDF. Published by CCSI. May 2020.

The Best of Two Worlds? The Brazil–India Investment Cooperation and Facilitation Treaty (author). Published in Investment Treaty News Quarterly (ITN), Volume 11, Issue 1. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. March 2020.

Investment Treaty News (ITN), Volume 11, Issue 1, March 2020 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Investment Facilitation: History and the latest developments in the structured discussions (co-author, with Sofia Baliño and Rashmi Jose). The brief outlines the history and developments of investment-related discussions in the World Trade Organization (WTO) context, looking specifically at investment facilitation at the WTO as well as in other forums and contexts. Available in PDF in English and French. Published by IISD. January 2020.

2019

Investment Treaty News (ITN), Volume 10, Issue 5, December 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Investment Treaty News (ITN), Volume 10, Issue 4, Special Edition: International Investment Governance, October 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Toward a Code of Conduct for Investment Adjudicators: Can ethical standards salvage ISDS? (book review; author). Published in Investment Treaty News (ITN), Volume 10, Issue 3. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish. September 2019.

Investment Treaty News (ITN), Volume 10, Issue 3, September 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

Investment Facilitation for Sustainable Development: Getting it right for developing countries (co-author with Howard Mann). The push for WTO negotiations leading to binding rules on investment facilitation is taking place without empirical analysis and without attention to developing country needs in facilitating investment for sustainable development. Investment-facilitation work belongs not in the WTO, but in organizations that focus on research, best practice and capacity building. Published in Columbia FDI Perspectives, No. 259. Also available at Madhyam and IISD.

Investment Treaty News (ITN), Volume 10, Issue 2, June 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Investment Treaty News (ITN), Volume 10, Issue 1, April 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Summary Comments to the Proposals for Amendment of the ICSID Arbitration Rules (author, with Nathalie Bernasconi-Osterwalder and Sarah Brewin). This commentary focuses on select aspects of the ICSID Secretariat’s March 15, 2019 draft proposals for amendment of the ICSID Arbitration Rules. Published by IISD, April 2019.

Investor–State Dispute Settlement Reform Talks Resume at UNCITRAL (co-author with Nathalie Bernasconi-Osterwalder and Sofía Baliño). March 2019.

Redesigning the Energy Charter Treaty to Advance the Low-Carbon Transition (co-author with Nathalie Bernasconi-Osterwalder), published in Transnational Dispute Management (TDM) 1 (2019). Also available at SSRN and IISD. February 2019.

SADC-IISD Investment Facilitation Workshop (co-author with Howard Mann and Nathalie Bernasconi-Osterwalder). Workshop report of the first meeting on the issue of investment facilitation held at the SADC regional level. February 2009.

Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation: Aligning International Investment Law with the Urgent Need for Climate Change Action (lead author, with Yanick Touchette, Aaron Cosbey, Ivetta Gerasimchuk, Lourdes Sanchez, Nathalie Bernasconi-Osterwalder, Maria Bisila Torao Garcia, Temur Potaskaevi, and Erica Petrofsky). Published in Journal of International Arbitration, volume 36, issue 1, pp. 7–35. 2019, January 2019.

2018

Multilateral ISDS Reform Is Desirable: What happened at the UNCITRAL meeting in Vienna and how to prepare for April 2019 in New York (author). Published in Investment Treaty News Quarterly (ITN), Volume 9, Issue 4. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish. December 2018.

Investment Treaty News (ITN), Volume 9, Issue 4, December 2018 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

Reply to Public Consultation on Canada’s International Investment Agreements (FIPAs) (co-author with Nathalie-Bernasconi-Osterwalder and Joe Zhang). The Canadian government launched a public consultation on Canada’s foreign investment promotion and protection agreements (FIPAs) on August 14, 2018. This commentary outlines IISD’s reply. November 2018.

Reply to Public Consultation on Canada’s International Investment Agreements (FIPAs) (co-author with Nathalie-Bernasconi-Osterwalder and Joe Zhang). The Canadian government launched a public consultation on Canada’s foreign investment promotion and protection agreements (FIPAs) on August 14, 2018. This commentary outlines IISD’s reply. November 2018.

Investment Treaty News (ITN), Volume 9, Issue 3, October 2018 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

International Investment Law and Sustainable Development: Key cases from the 2010s (co-editor with Nathalie Bernasconi-Osterwalder). This e-book features 10 summaries and analyses of decisions rendered between 2011 and 2018 by arbitral tribunals in treaty-based investor–state arbitration cases having sustainable development implications. October 2018.

Tackling Climate Change Through Sustainable Investment: All in a Treaty? (author). Published in IISD’s SDG Knowledge Hub. August 2018.

Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation  (lead author and captain of the team The Creative Disrupters). The treaty was one of the winners of the 2018 Stockholm Treaty Lab prize, offered by the Stockholm Chamber of Commerce. The argumentation on how the model treaty meets the criteria of the competition is also available. July 2018.

Investment Treaty News (ITN), Volume 9, Issue 2, July 2018 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

Developing a Progressive Agenda for Reform of International Investment Law: Canadian perspectives (author). This report presents the ideas posited by various Canadian stakeholders in an IISD expert meeting on a progressive agenda on investment, held in Ottawa, Canada, June 13, 2018. Executive summary also available in French: Élaborer un ordre du jour progressiste pour la réforme du droit des investissements internationaux : points de vie du Canada.

Investment Treaty News (ITN), Volume 9, Issue 1, April 2018 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

2017

Investment Treaty News Quarterly (ITN), Volume 8, Issue 4, December 2017 (editor-in-chief)IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

A Risky Tango? Investment facilitation and the WTO Ministerial Conference in Buenos Aires (author). Investment facilitation—if structured right—could reshape global investment law frameworks for the better. However, this solution-oriented cooperative approach is not well-suited for the WTO. December 2017.

Contracts for Sustainable Infrastructure: Ensuring the economic, social and environmental co-benefits of infrastructure investment projects (author). This report defines sustainable infrastructure, outlines its expected characteristics and co-benefits, and presents why governments must and how they can integrate sustainability into public–private partnerships (PPP) and other infrastructure contracts. December 2017.

Is “Moonlighting” a Problem? The role of ICJ judges in ISDS (co-author, with Nathalie Bernasconi). Sitting judges of the International Court of Justice (ICJ) have worked as arbitrators in at least 90 investor–state dispute settlement cases. This commentary presents new data and examines the implications. November 2017.

Investment Treaty News Quarterly (ITN), Volume 8, Issue 3, September 2017 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

Investment-Related Dispute Settlement: Lessons from international accountability mechanisms (co-author, with Nathalie Bernasconi & Joe Zhang). Investment-Related Dispute Settlement: Results of an Expert Meeting held in Washington, D.C., April 11, 2017. July 2017.

Investment Treaty News Quarterly (ITN), Volume 8, Issue 2, June 2017 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

Pac Rim v. El Salvador: all claims dismissed; OceanaGold to pay US$8 million in costs (author). Published in Investment Treaty News Quarterly (ITN), Volume 8, Issue 1. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish. March 2017.

Investment Treaty News Quarterly (ITN), Volume 8, Issue 1, March 2017 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

IISD Best Practices Series: Exhaustion of Local Remedies in International Investment Law (author). Part of IISD’s Best Practices Series, this advisory bulletin reviews state-of-the-art options and approaches to the exhaustion of local remedies requirement in international investment law. Also available in French: Série bonnes pratiques de l’IISD : L’épuisement des voies de recours internet en droit international de l’investissementJanuary 2017.

2016

Comparative Commentary to Brazil’s Cooperation and Investment Facilitation Agreements (CIFAs) with Mozambique, Angola, Mexico, and Malawi (co-author, with Nathalie Bernasconi). Transnational Dispute Management, 2, 2016.

Brazil’s Cooperation and Investment Facilitation Agreements with Mozambique, Angola, and Mexico: A Comparative Overview (author). Published in e-book “Rethinking Bilateral Investment Treaties: Critical Issues and Policy Choices,” edited by Kavaljit Singh & Burghard Ilge, p. 141–154.

Investment Treaty News Quarterly (ITN), Volume 7, Issue 4, December 2016 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Mining a Mirage? Reassessing the shared-value paradigm in light of the technological advances in the mining sector (co-author with Aaron Cosbey, Howard Mann, Nicolas Maennling, Perrine Toledano & Jeff Geipel). This report uses real-world mining data to estimate the impacts of new technologies on employment and employment-related procurement, which drive major benefits in host countries. October 2016.

Investment-Related Dispute Settlement: Towards an inclusive multilateral approach (co-author, with Nathalie Bernasconi & Joe Zhang). This document outlines results from an IISD expert meeting discussing investment-related dispute settledment which was held in Montreux, Switzerland, May 23–24, 2016. October 2016.

Venezuela ordered to pay US$1.202 billion plus interest to Canadian mining company Crystallex for FET breach and expropriation (author). Published in Investment Treaty News Quarterly (ITN), Volume 7, Issue 3. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish. August 2016.

Philip Morris v. Uruguay: all claims dismissed; Uruguay to receive US$7 million reimbursement (author). Published in Investment Treaty News Quarterly (ITN), Volume 7, Issue 3. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish. August 2016.

Investment Treaty News Quarterly (ITN), Volume 7, Issue 3, August 2016. IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

The only known investment treaty arbitration against Equatorial Guinea fails on jurisdictional grounds (author). Published in Investment Treaty News Quarterly (ITN), Volume 7, Issue 2. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish. May 2016.

Investment Treaty News Quarterly (ITN), Volume 7, Issue 2, May 2016 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

Quiborax awarded US$50 million against Bolivia, one-third of initial claim (author). Published in Investment Treaty News Quarterly (ITN), Volume 7, Issue 1. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. February 2016.

Investment Treaty News Quarterly (ITN), Volume 7, Issue 1, February 2016 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

2015

Energorynok had no ownership or control over energy-related economic activity; ECT case against Moldova dismissed (author). Published in Investment Treaty News Quarterly (ITN), Volume 6, Issue 4. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. November 2015.

Investment Treaty News Quarterly (ITN), Volume 6, Issue 4, November 2015 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Brazil’s Innovative Approach to International Investment Law (co-author, with Nathalie Bernasconi). Brazil’s Cooperation and Investment Facilitation Agreements concluded so far—with Angola, Malawi, Mexico, and Mozambique—allow us to understand the most important aspects of the new CIFA model. September 2015.

Comparative Commentary to Brazil’s Cooperation and Investment Facilitation Agreements (CIFAs) with Mozambique, Angola, Mexico, and Malawi (co-author, with Nathalie Bernasconi). Unlike traditional bilateral investment treaties (BITs), which are geared toward investor protection, Brazil’s Cooperation and Investment Facilitation Agreements focus primarily on cooperation and investment facilitation. September 2015.

Looking to Venezuela’s Investment Law, majority finds that Venoklim was not a foreign investor and dismisses case against Venezuela; claimant-appointed arbitrator dissents (author). Published in Investment Treaty News Quarterly (ITN), Volume 6, Issue 3. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish. August 2015.

Investment Treaty News Quarterly (ITN), Volume 6, Issue 3, August 2015 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in EnglishFrench, and Spanish.

Side-by-side Comparison of the Brazil-Mozambique and Brazil-Angola Cooperation and Investment Facilitation Agreements (author). The Cooperation and Investment Facilitation Agreements focus less on investor protection and more on institutional arrangements and agendas for investment facilitation and cooperation. June 2015.

The Brazil–Mozambique and Brazil–Angola Cooperation and Investment Facilitation Agreements (CIFAs): A Descriptive Overview (author). Published in Investment Treaty News Quarterly (ITN), Volume 6, Issue 2. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. May 2015.

Investment Treaty News Quarterly (ITN), Volume 6, Issue 2, May 2015 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Curso de Capacitación: Construyendo Capacidades para Implementar el Marco de Políticas Mineras en la Republica Dominicana (author). On September 15-19, 2014, IISD and the Mining Directorate of the Ministry of Energy and Mines of the Dominican Republic offered the training course “Building Capacity to Implement the Mining Policy Framework in the Dominican Republic” in Santo Domingo. April 2015.

Investment Treaty News Quarterly (ITN), Volume 6, Issue 1, February 2015 (deputy editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English and in PDF in EnglishFrench, and Spanish.

2014

The State of Play in Vattenfall v. Germany II: Leaving the German public in the dark (co-author, with Nathalie Bernasconi). Two years after Vattenfall brought Germany to international arbitration for a second time (Vattenfall II), the German public is still left out in the dark. This briefing note reviews the background to the case on Germany’s decision to phase out nuclear power and outlines its current state of play. Also available in PDF in German: Der aktuelle Stand bei Vattenfall geg. Deutschland II: Die deutsche Öffentlichkeit wird im Unklarem gelassenDecember 2014.

Yukos shareholders awarded record damages in two separate proceedings against Russia (author). Published in Investment Treaty News Quarterly (ITN), Volume 5, Issue 4. Available on the web in English and in PDF in EnglishFrench, and Spanish. November 2014.

Yukos v. Russia: Issues and legal reasoning behind US$50 billion awards (author). Published in Investment Treaty News (ITN). Available in English on the web and in PDF. Republished by bilaterais.org. September 2014.

Bolivia’s new investment promotion law through the eyes of UNCTAD’s IPFSD (author). Published by the United Nations Conference on Trade and Development (UNCTAD). August 2014.

Opening the Door to Foreign Investment? An Analysis of Bolivia’s New Investment Promotion Law? (author). Published in Investment Treaty News Quarterly (ITN), Volume 5, Issue 3. Available on the web in English and in PDF in EnglishFrench, and Spanish. August 2014.

2013

Opportunities for Sustainable Public Procurement in Mozambique (author). This commentary presents the results of a preliminary assessment of the potential of Mozambique’s “Regulation on Contracting of Public Works, Goods and Services” (Decree No. 15 of 24 May 2010) to support sustainable development and green growth. It contains a complete English translation of the Regulation and presents commentary on its provisions that are or could become most relevant to promoting SPP in Mozambique. March 2013.

2012

Sustainable Public Procurement in the Sao Paulo State Government: Policy Brief (author). The case study documents in detail the initiation and expansion of the Sao Paulo Sustainable Public Procurement program; explains how its promoters overcame legal, institutional, administrative, market and mindset hurdles; and assesses the legal, administrative and procedural improvements needed to expand the program further. August 2012.

Sustainable Public Procurement in the Sao Paulo State Government: An in-depth case study (author). The case study documents in detail the initiation and expansion of the Sao Paulo Sustainable Public Procurement program; explains how its promoters overcame legal, institutional, administrative, market and mindset hurdles; and assesses the legal, administrative and procedural improvements needed to expand the program further. Full report also available in PDF in Portuguese: Licitações e Contratações Sustentáveis no Governo do Estado de São Paulo: Um estudo de caso aprofundado. July 2012.

International Public Finance for Climate-friendly Investment: Vehicles, availability, and governance (co-author, with Aaron Cosbey). This report aims to serve as a useful guide to policy-makers contemplating how to meet challenges within the energy sector and other sectors that are critically important to climate change and sustainable development. May 2012.

2010

Georgia loses dispute with Greek and Israeli oil investors (author). Published in Investment Treaty News Quarterly (ITN), Volume 1, Issue 2. Available on the web in English and in PDF in EnglishFrench, and Spanish. December 2010.

Tribunal dismisses claims against Hungary in ECT dispute over power stations (author). Published in Investment Treaty News Quarterly (ITN), Volume 1, Issue 2. Available on the web in English and in PDF in EnglishFrench, and Spanish. December 2010.

Ukrainian government on the hook for intervention in hotel investment (author). Published in Investment Treaty News Quarterly (ITN), Volume 1, Issue 2. Available on the web in English and in PDF in EnglishFrench, and Spanish. December 2010.

EU investment treaties examined in health insurance dispute (author). Published in Investment Treaty News Quarterly (ITN), Volume 1, Issue 2. Available on the web in English and in PDF in EnglishFrench, and Spanish. December 2010.

2009

La dynamique spatiale de la croissance économique au Brésil (1970-2000) : Une approche empirique (co-author with Leonardo Monteiro Monasterio). Published by Armand Colin in French in Revue d’économie régionale & urbaine, 1/2009, pp. 7–29.

2007

Spatial dynamics of economic growth in Brazil (1970-2000): An empirical approach  (co-author with Leonardo Monteiro Monasterio). English version available at Núcleo de Estudos e Modelos Espaciais Sistêmicos (NEMESIS). 2007.