Developing and Negotiating Based on a Model Investment Treaty

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. [...] Patience Okala, Deputy Director and Legal Adviser, Nigerian Investment Promotion Commission Recent developments in model investment agreements Countries developing national model investment treaties is not a new phenomenon: the United Nations Conference on Trade and Development’s (UNCTAD’s) database shows countries publishing models as early as the 1990s.1 The World Investment Report 2015 noted th [...] The new model was adopted in 2016 and was the basis for the Nigeria–Morocco BIT7 signed in the same year, described as one of the most innovative and balanced BITs ever concluded.8 Although Brazil signed 14 traditional BITs between 1994 and 1999, strong political opposition from the congress meant that they were never ratified, and the country resisted signing any more. [...] In Norway, public consultation on a draft model investment treaty in 2007 and 2008 ended in the government shelving the text entirely.10 Following public concern about the ISDS clause proposed for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States, the EU launched a public consultation on that instrument.11 While this general move toward transparency is a po