Investment Law and Policy

Individual staff members at CIL have provided technical assistance and training to states on a range of matters regarding the negotiation of investment treaties and the management of investment treaty obligations to avoid disputes. Individual staff members have worked with ministers, judges, legislators, and civil servants on programmes of specialised and general content in Africa, Asia, Europe and the Middle East. A representative sample of technical assistance and training provided by individual staff members includes the following:

• Prenegotiation review of states' investment treaties in order to assess states' current best practices and opportunities to lower risk exposure in forthcoming negotiations.
• Technical assistance to states regarding options for establishing interagency processes for communication and decision making on matters of policy affecting foreign investment and potential disputes with foreign investors.
• Training for newly elected government officials about strategies for minimising potential disputes when making public statements and developing protocols for consulting with counsel.
• Technical assistance on a variety of specialised issues of law and practice of concern to particular states, including preinvestment liability, contractual management and investment treaty claims, forms of legal and governmental privilege, and the interaction of bilateral and regional treaties in the absence of express treaty guidance.
• Working with states' in-house legal teams to develop strategies and materials to disseminate information regarding investment treaty obligations throughout government.
• Technical assistance regarding decision to join the ICSID Convention and subsequent domestic implementation.