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Columbia FDI Perspectives
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Columbia FDI Perspectives is an occasional series of perspectives on important and topical foreign direct investment issues. http://ccsi.columbia.edu/publications/columbia-fdi-perspectives/
Columbia Center on Sustainable Investment
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The Columbia Center on Sustainable Investment (CCSI), a joint center of Columbia Law School and Columbia Climate School at Columbia University, is the only university-based applied research center and forum dedicated to the study, practice, and discussion of sustainable international investment. It develops practical approaches for governments, investors, communities, and other stakeholders to maximize the benefits of international investment for sustainable development. Applying its legal, economic, and policy expertise, CCSI addresses sustainable investment holistically, bridging investment law, natural resource management, human rights, economics, political economy, and environmental management. It works to strengthen the sustainable development potential of international investment, and to ensure that international investment is mutually beneficial for investors and the citizens of recipient countries. http://ccsi.columbia.edu/
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2. Facilitating climate friendly FDI: the importance of ongoing cooperation
3. Helping ensure respect for the SDGs under bilateral investment treaties: the case of human rights
4. Investors’ obligations under IIAs: toward a practical solution
5. Limited home state measures in the WTO Investment Facilitation for Development Agreement: a missed opportunity or a starting point?
6. Mandatory human rights due diligence: what does it mean for foreign investors and why should it be in IIAs?
7. Passive financing in the crosshairs: CFIUS intensifies focus on limited partners in covered private equity transactions
8. Recognizing the state’s “duty to regulate”: the mindset needs to shift
9. “Strategy changes, principles remain”: why policy makers should stay focused on the SDGs
10. The global corporate minimum tax and MNE home countries
11. The growing interest for joint interpretations of investment treaties by state parties
12. The revised OECD Guidelines: a strengthened forum for resolving ESG disputes?
13. Why public policy exceptions have not delivered and how to make them more effective
14. 30 years after the fall of Communism: lessons learned for inward FDI
15. An opportunity to reimagine investment arbitration in Beijing
16. CFIUS part II? The US moves to restrict outbound FDI to China
17. Corruption and FDI: The role of social brokers
18. Developing country and industry materiality assessments to increase sustainable FDI
19. Ethical and legal implications of FDI in or near cultural heritage sites
20. Governments and companies must address climate and governance risks when petroleum assets change hands
21. Hardening soft law: strategic use of the OECD Guidelines to achieve meaningful outcomes
22. How can governments help small enterprises integrate into global value chains?
23. How to get the best deal for massive FDI incentives
24. How to make global supply chains more resilient
25. Indirect FDI under EU FDI regulation in times of war: is the anti-circumvention clause enough?
26. Investment promotion in the new international context: what is the next frontier and how to get there
27. Learning from Brexit: what parallels for decoupling from China?
28. Mind the force majeure clauses in investment contracts
29. Navigating 21st century industrial policy
30. Outward FDI and home country employment
31. Reducing the reliance on global value chains by strengthening backward linkages
32. Rethinking umbrella clauses in international investment agreements
33. Settlement of investor-state disputes: can states avoid arbitration?
34. Strengthening regional investment facilitation rulemaking in Asia: the why and the how
35. Subsidies as a regulatory object: from trade subsidies to outward FDI subsidies
36. The limits of capacity building for investment contract negotiations
37. The new WTO Investment Facilitation for Development Agreement
38. Unexpected opportunities to support investor-state dispute prevention through the WTO Investment Facilitation for Development Agreement
39. What can governments do to boost FDI for sustainable development?
40. Advancing alternatives: Promoting mediation and conciliation in investor-state dispute settlement
41. Advancing climate-change goals: From reactive to proactive systemic integration
42. A managed dispute-resolution insurance scheme for countries in investor-state arbitration: Ensuring early legal representation of respondents
43. An Advisory Centre on International Investment Law: Is perfect the enemy of good?
44. BEPS reform: The end of fiscal incentives to attract FDI?
45. Defining investment in a future WTO agreement on investment facilitation for development
46. Denying the benefits of the Energy Charter Treaty: Shifting the policy or just the burden of proof?
47. FDI and sustainable development in the EU-China investment treaty: Neither high nor low, just realistic expectations
48. Got “critical minerals”? Hooray! But be careful!
49. How are global value chains altering policy narratives?
50. How FDI in the mining sector can assist communities to achieve sustainable development
51. How host country governments can ensure competitive neutrality in cross-border M&As
52. Implementing an Investment Facilitation Framework for Development: Lessons from the Trade Facilitation Agreement
53. International investment law, intellectual property and development
54. Investment dispute management: The importance of the domestic dimension
55. Investment facilitation in the WTO: The case for early harvesting
56. Shaping responsible business conduct through a Multilateral Treaty on Due Diligence
57. Strengthening international negotiation assistance for developing host countries
58. The future of global value chains: Key issues
59. The launch of a new generation of the ICSID Rules
60. The new Canadian Model investment treaty: A quiet evolution
61. The way forward in reforming the legitimate expectations test
62. The WTO Investment Facilitation for Development Agreement needs a strong provision on responsible business conduct
63. They can run but they can’t hide: MNEs and responsible business conduct
64. Why omitting general public policy exceptions from investment treaties is a setback for the right to regulate
65. WTO processes would benefit from the input of civil society
66. Promoting responsible business through the revised ILO Tripartite Declaration
67. Protecting FDI contributing to host countries’ development:The rise of the “forgotten” Salini criterion as part of the definition of investment
68. Political risk: Not just the investor’s affair
69. The next generation of Chinese investment treaties: A balanced paradigm in an era of change
70. Investment treaties are about justice
71. The rise of self-judging essential security interest clauses in international investment agreements
72. Why some advanced economy firms prefer to be taken over by Chinese acquirers
73. Africa rising out of itself: The growth of intra-African FDI
74. An appellate body for international investment disputes: How appealing is it?
75. A new foreign direct investment accounting methodology for economic development organizations
76. An outline for systematic reform of the investment law regime
77. A reading of intra-EU BITs in light of recent developments of EU law
78. Brazil’s bilateral investment treaties: More than a new investment treaty model?
79. Bringing the state back in: India’s 2015 model BIT
80. Can India emulate China in attracting and benefitting from FDI?
81. Changing geography: prospects for Asian actors as global rule-makers in international investment law
82. China’s “new normal” in international investment agreements
83. Chinese FDI in the EU: learning from the renewable energy sector
84. Cost allocation in ICSID arbitration: theory and (mis)application
85. Democracies conclude more and stricter international investment agreements – but why?
86. FDI in Russia in difficult times
87. Foreign divestment: What stays when multinationals leave?
88. Host governments should not treat state-owned enterprises differently than other foreign investors
89. International investment law and decentralized targeted sanctions: an uneasy relationship
90. Investment treaty law, sustainable development and responsible business conduct:A fact-finding survey
91. Land investments and human rights: how home countries can do more
92. Legitimacy in WTO law and investment arbitration: the role of the contracting parties
93. Legitimizing expectations in arbitration through political risk analysis
94. Mining automation: threat or opportunity for FDI technology spillovers?
95. Not all foreign direct investment is foreign: the extent of round-tripping
96. Outward FDI does not necessarily cost domestic employment of MNEs at home: Evidence from Japanese MNEs
97. Preferential investment liberalization under bilateral investment treaties: How to ensure compliance with WTO law?
98. Protecting public welfare regulation through joint treaty party control: a ChAFTA innovation
99. The case for a multilateral or plurilateral framework on investment
100. The case for an advisory center on international investment law
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