CISL Centre for International Sustainable Development Law | Canadian Branch of the International Law Association

Emerging Issues in Investment Law: International Considerations for Advising Clients

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Welcome to the introductory page for the following module: Emerging Issues in Investment Law: International Considerations for Advising Clients

This course looks at different ways to conceptualise international investment with regard to the international regulatory environment, arbitration, and principles at play in both traditional and emerging types of investment such as those concerned with sustainable development. It will investigate the interplay between human rights and conflict on one hand and investment and economic activities on the other hand, particularly with regard to the implications of the conflict between Russia and Ukraine. These issues are relevant to both developing and developed country parties engaged in global economic activity and exchange, and in particular parties engaged in investment in conflict territories and on environmental issues.

The course will be divided as follows:

Introduction (by Dr Marie-Claire Cordonier Segger)

1. Recent Issues in international investment arbitration (by Mr Cameron Miles)

This section will cover key aspects of the international investment treaty system and regulation governing investment. It will deal with the jurisprudence of treaty shopping, explore what investor-state arbitration means in practice by reference to case law, and consider aspects of foreign direct investment.

2. Crimea and issues of nationhood and force in international law (by Dr Thomas D. Grant)

This section will cover legal aspects of the recent annexation of Crimea by Russia, considering how UN organs, States, as well as business actors have responded to the conflict. It will touch on issues of regional instability, use of force, functioning of treaties in the context of conflict, and the ways in which non-recognition and sanctions can serve useful purposes in international law.

3. Sustainable development and international investment law (by Dr Marie-Claire Cordonier Segger)

This section will consider the extent to which principles of sustainable development are integrated into and relevant to existing international law on investment, particularly different treaty bodies.

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Instructors

Marie-Claire Cordonier Segger

Dr Marie-Claire Cordonier Segger, DPhil (Oxon), MEM (Yale), BCL & LL.B (McGill) is a leading international jurist and scholar in the field of sustainable development law and policy.

She serves as Senior Director of the CISDL in a pro bono academic capacity, where she mentors CISDL lawyers and fellows, and guides new international legal scholarship. In her professional work, she is Senior Legal Expert with the International Development Law Organization (IDLO), an inter-governmental organization based in Rome, Italy, where she directs global initiatives on legal preparedness for climate change and finance, the green economy, natural resources governance, and on trade and investment law for sustainable development; provides international expert legal advice, through the United Nations, to countries in the Americas, Africa and Asia on the implementation of sustainable development accords, including trade and investment agreements, the Cartagena Protocol and the Kyoto Protocol; and leads capacity development for senior legal officials and high court judges. She is also an Affiliated Fellow of the Lauterpacht Centre for International Law (LCIL) at Faculty of Law of Cambridge University; co-lead of the World Bank’s Law Justice and Development Forum Thematic Working Group on Environment and Natural Resources Law, and a permanently appointed Visiting Professor at the Faculty of Law of the University of Chile.

Dr Cordonier Segger is a prolific writer, publishing over 60 papers and 18 books on sustainable development law and policy in three languages, including Sustainable Development Law: Principles, Practices and Prospects (Oxford University Press, 2004) with A Khalfan; Sustainable Justice: Reconciling Economic, Social and Environmental Law (Martinus Nijhoff, 2004) with former Vice-President of the International Court of Justice, HE Justice CG Weeramantry; Sustainable Development in World Trade Law (Kluwer Law International, 2005) with Dr M Gehring; and Sustainable Development in World Investment Law (Kluwer Law International, 2010) with Dr M Gehring and Prof A Newcombe. Also in her personal academic capacity, she serves on the board of the International Law Association (Canadian Branch), as Rapporteur of the International Law Association's (ILA) Committee on Sustainable Natural Resources Management, as a Councillor of the World Future Council, and as Senior Advisor to the President of the IUCN Environmental Law Commission. From 2002-2012, she chaired a joint CISDL - ILA - IDLO Partnership on International Law for Sustainable Development that was launched at the 2002 World Summit for Sustainable Development. She is a fellow of the Royal Society of the Arts, is profiled by the United Nations Environment Programme in their global 'Who's Who of Women and the Environment', has twice been appointed to an AVINA Fellowship, and has held several valuable international awards including a Chevening and a SSHRC Fellowship for her PhD in International Law at Oxford University (Exeter College).

In previous positions, she has served as Senior Director of Research for Sustainable Prosperity, a green economy policy research network (on interchange from the Government of Canada), and as A/Director of International Affairs at Canada's Ministry of Natural Resources. For Natural Resources Canada, she served on the Advisory Board of the International Trade and Investment Centre (Conference Board of Canada), on the Management Committee of the Extractive Industries Transparency Initiative (EITI) Trust Fund and the Governance Committee of the EITI Board, and on the Board of the UN's International Panel on Sustainable Resource Management. She has also directed a collaborative Americas Portfolio for the International Institute for Sustainable Development (IISD) and the United Nations Environment Programme; served as a Visiting Professor at the University of Victoria Law Faculty; as an instructor for the International Development Law Organization (IDLO) from 1999 – 2009; coordinated international law seminars at Oxford University and McGill University; taught international law at the CERIUM, University of Montreal; and held a Fellowship at the Royal Institute of International Affairs in London, UK. She is fluent in French, English and Spanish, and also speaks German, Portuguese and Italian.

Cameron Miles

Thomas D. Grant

Thomas D. Grant is a Fellow of Wolfson College, Cambridge and senior associate of the Lauterpacht Centre for International Law.

Dr Grant has served as legal advisor to governments, international organizations, corporate clients, and two U.S. presidential election campaigns. For over ten years at the Lauterpacht Centre for International Law at the University of Cambridge, he served as senior associate to Prof. James Crawford (former member, International Law Commission, current nominee to the International Court of Justice), in which capacity he assisted in a wide range of international law matters. Cases on which Dr Grant has worked include both contentious and advisory proceedings before the International Court of Justice, maritime disputes under Annex VII of the UN Convention on the Law of the Sea, investment arbitrations under ICSID rules, commercial arbitrations under ICC rules, maritime delimitation negotiations, continental shelf claims, international claims settlement processes, hydrocarbon production sharing agreements under treaty law and special constitutional settlements, international water rights disputes, and litigation in U.S. federal court arising out of the Alien Tort Claims Act. He is admitted to practice in the District of Columbia, New York, Massachusetts, and the U.S. Supreme Court and is available for consultations and engagements as advocate and advisor.

Dr Grant's teaching area is international law, with a focus on international dispute settlement. He has lectured the international law paper at Cambridge (Part Ib) and supervised graduate students in law and international relations at Cambridge and Oxford. He also has lectured UK armed forces short courses, assisted in delivering the annual Lauterpacht Centre course to junior diplomats of the UK Foreign & Commonwealth Office, the international dispute settlement course at the Graduate Institute (Geneva), the international law & international relations summer course at the University of Geneva Faculty of Law, and is Visiting Professor for the masters law course at the Catholic University of Lille. Articles by Dr Grant have been published in academic, professional, and policy journals, including the American Journal of International Law, International & Comparative Law Quarterly, and European Journal of International Law. He is author of several books, the most recent of which concerns legal controls on admission to membership and participation in the United Nations [more details]. He has served as confidential assessor of manuscript submissions to Cambridge University Press, Oxford University Press, USIP Press, and a number of academic journals. Dr Grant is a co-founder and a General Editor of the Journal of International Dispute Settlement (Oxford University Press / University of Geneva); a Foreign Correspondent Editor of International Legal Materials (American Society of International Law); and a contributing author of the Max Planck Encyclopedia of Public International Law (3rd ed). Together with Judge William Blair and Richard Brent, Dr Grant is co-editor of Banks and Financial Crime: The International Law of Tainted Money (2nd ed, Oxford, anticipated 2014).