Reforming the International Investment Regime for better environmental management of natural resources of the world

1. Reforms in the International Investment
regime .
ICASS 2013, Istanbul.
Kalpana Murari
India.

2.  Environmental costs leading to $130 million loss. Initiating
environmental thinking in their business plan. Excerpt from
Daniel Esty and Andrew Winston’s ‘Green to Gold’.
 Business plans that include environmental management in
their agenda “spur innovation, create value and build
competitive advantage”.
 Promote Renewable Energy and concepts of Reuse and
Recycling within the lifecycle of products.
Sony’s Cadmium Crisis

3. Investments in Agricultural and Land Sectors
• Agricultural production attracts a
lot of international investment
increasing a demand for natural
resources and land acquisitions.
• Compliance with UN Guidelines
with Responsible Governance of
Tenure of Land, Forests and
Fisheries on a mandatory basis
under the investment regime.
• Land grabbing in developing
nations.
• Soil degradation leading to
growing food and commodity
prices.
• Resultant economic slowdown.

4. Investing in the Eco-sensitive region of the Arctic.
• Necessary to regulate the Arctic for future guarantee of energy security .
• Climate change leading to more ice-free areas is certain to attract investments
from states other than the Arctic States.
• Investment in the Arctic region need to be measured against environmental
baselines.
• There is a need for a clear legal framework to regulate exploration activity in the
region as well as govern liability and compensation for pollution.
• A clear mandate to manage risks through improved infrastructure and constant
research on sustainable development and ecosystems in the region.

5. Reiterating the need for a MAI.
 Global warming, water scarcity and loss of biodiversity
call for strategic management of natural resources and
implementation of pollution control measures.
 To adopt an universal format for adaptation and
mitigation concepts.
 Steps to prevent transboundary damage and aid in
sustainable development.
 To protect the interests of developing nations and
emerging economies.

6.  Investment treaties need to aid pro-poor
and pro-development initiatives alongside
profit generation.
 Strengthen the ability of host state to
achieve objectives of poverty reduction
and sustainable development.
 Public knowledge on investment
agreements with developing nations in
extractive industries, land and agricultural
sectors is required for global regulation.
 To help stem the depletion and mismanagement of
resources.
 Mandate performance requirements that include
technology transfer, capacity building .
 Set environmental standards that include
emission/performance standards/ product standards/
process standards.
 Making the treaty work towards enhancing food and
water security.
Investment treaties

7. Reforming investment agreements
• Clear performance requirements that include optimum utilization of
natural resources and ensure sustainable development.
• Retaining the right to suspend treaty obligations for purposes of national
and food security issues.
• Mandate to meet international environmental standards including
environmental impact assessment and Strategic Environment assessment.
• Investors’ obligation to share profits from extractive industries with
indigenous communities and promote research in adaptation and
mitigation techniques.
• Precise definitions of investment, expropriation with attempt to balance
the interests of the investors with those of local communities.

8. Safeguarding environmental policy space
1. By enabling host states to retain their right to regulate environment protection in public interest.
2. Better awareness and stronger administrative skills in matters relating to permits and licenses.
3. Encouraging domestic investments in crucial industries by reducing dependence on foreign
investments.
4. Innovate and bring in new ideas in the field of environmental law that suits and aids the aspirations of
developing nations, like that of Bolivia.
5. Provide for changes in new knowledge of environment protection measures, and new regulatory
changes.

9. Environment compliance and Global Administrative
Law
 GAL can provide the requisite framework for a uniform procedural
rules applicable to international institutions that aid in
environmental governance.
 Help render uniform environmental standards, for eg., ban of
substances, energy efficiency standards, process standards and can
be implemented using GAL.
 Can help co-ordinate expert bodies with administrative and
political bodies by providing secondary rules for implementation of
international environmental norms.
 Help create a global repository of all international investment
agreements.