CIEL Guide on Amici in international investment arbitration

Non governmental organizations that work in the area of international investment litigation have been bolstered in their defense of public interest, thanks to the new Guide for Potential Amici in International Investment Arbitrations. This joint publication by the Center for International Environmental Law (CIEL) and the International Human Rights Program at the University Of Toronto Faculty Of Law explains when and how NGOs can strategically intervene as a third party in international investment arbitrations as an amicus curiae (friend of the court).

The guide also provides background on why international investment disputes arise, the ways in which human rights can be implicated, and how amicus curiae can bolster human rights in investment disputes. 

In particular, this guide  focuses on the potential of filing amicus submissions at the International Centre for Settlement of Investment Disputes (ICSID), which specializes in disputes between governments and companies.

Given the opacity of ICSID-arbitrated proceedings, there is a clearly identified need for NGOs, acting as amici, to highlight human rights concerns, and focus attention towards public interest issues.

The full report, with annexes is available here.

Release of "Guidelines for Environmental Protection in Foreign Investment and Cooperation" by Chinese Ministries

The Chinese Ministry of Commerce and the Ministry of Environmental Protection recently released its "Guidelines for Environmental Protection in Foreign Investment and Cooperation".  The Guidelines are to "guide enterprises in China to raise their environmental protection awareness, and to understand and observe environmental protection policies and regulations of the host country in foreign investment and cooperation, so as to realize mutual benefits".

Based on recommendations by a Chinese NGO, Global Environmental Institute, the Guidelines consider a range of topics, including respect for community religious beliefs, cultural traditions and national customs, international standards, environmental protections and environmental impact assessments. The Guidelines are non-binding, but do provide civil society groups with an opportunity to hold Chinese companies responsible for their actions overseas. The Guidelines can be found here.