Ongoing Evolution of Investment Policymaking in RTAs and IIAs

Organised by
13 June 2018
Geneva, Switzerland

This meeting is part of the RTA Exchange dialogue series aimed at constructing better trade and investment agreements for sustainable development at the regional and multilateral levels.

The aim of this dialogue is to tap into the wealth of information emerging from recent international investment agreements (IIAs) and regional trade agreements (RTAs), in order to understand how trade and investment concerns are being jointly addressed in order to suit the needs of 21st century patterns of production. The meeting will examine how investment provisions have evolved in recent years, the ways and means through which they are integrated into investment and trade frameworks, and the impact of including such provisions to achieve sustainable development outcomes, whilst facilitating 21st century production patterns.

A select group of representatives from governments, businesses, civil society, international organizations and academia have been convened to participate and exchange views for a fruitful discussion. This exchange aims to contribute to global negotiations and deliver specific ideas for policymakers, both at the regional and multilateral levels.

Attendance to this event is by invitation only.

09:15 - 09:30
Welcome Remarks and Strategic Considerations

This session will establish the scope by reviewing:

  • Systemic issues of the investment regime
  • The evolution of and the differences in approaches to investment policy and treaty making at the regional and international levels
  • Role of trade agreements
11:00 - 11:15
Coffee Break

Analyse the differences in approaches and experiences of how investor protection provisions are addressed through RTAs and IIAs. Relevant agreements to be reviewed could include TPP-11, Pacific Alliance, CETA, Africa-based FTA or Model BIT; China Model BIT; and the U.S. Model BIT.

12:30 - 13:30

Compare how the following features are treated in universe of IIAs and RTAs, including TPP-11, Pacific Alliance, CETA, Africa-based FTA or Model BIT; China Model BIT; and the U.S. Model BIT.

  • Host state flexibilities and investor obligations provisions (e.g. right to regulate, industrial policy related provisions- including technology transfer and performance requirements)
  • Sustainability relevant investment provisions (e.g. human rights, labour and environmental law provisions)

Compare how investment provisions are enforced and monitored through dispute settlement mechanisms in select BITs and FTAs, including the TPP-11, Pacific Alliance, CETA, Africa-based FTA or Model BIT; China Model BIT; and the U.S. Model BIT.

Taking into consideration the day’ discussions. What lessons and best practices should be advanced in order to design better agreements at the regional and multilateral levels?

What policy options should be prioritised for the purpose of advancing coherence, convergence and inter-operability among agreements?

17:30 - 17:45
Ways Forward on Investment and the RTA Exchange

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