Joint statement between the EU and Bangladesh after the deadly Savar factory collapse, by José Ángel Rueda

On 28 May 2013 EU’s Trade Commissioner Karel de Gucht and Bangladeshi Foreign Minister Dr. Dipu Moni issued a joint statement[1] regarding the deadly collapse of a garment factory in Savar, near Dhaka, on 24 April 2013 where 1,129 people were killed and some 2,500 were injured.[2] The message is crystal clear for both exporters and importers of garment products manufactured in Bangladesh in particular and in developing countries in general:

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South African Courts and the Expropriation Conundrum: Caveat Foreign Investor, by Azwimphelele Langalanga

Summary

A milestone decision was passed down by South Africa’s premier court seated in Braamfontein, Johannesburg. This was in the case of Agri South Africa v. Minister for Minerals and Energy.[1] It is a case testing the legality of the Mineral and Petroleum Resources Development Act (MPRDA) 28 of 2002 (as amended), particularly its black empowerment provisions. Simply put this piece of legislation had the effect of vesting all mineral ownership to the state. Before it came into being, mineral resources underground were owned by the land owners who in most instances happened to be farmers.[2] These farmers had inter alia the right to exploit the minerals and to lease such mining rights to anyone on their terms. The claimants challenged it on the basis that it expropriated their property. The court ruled that there is a difference between expropriation and deprivation. And basically provided that the concept of indirect expropriation did not apply in South African law.

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EU Commission proposes to open negotiations for a BIT with China, by José Ángel Rueda

On 23 May 2013 the European Commission decided to ask EU Member States for their agreement on a mandate to open negotiations on an investment agreement with China.[1] As the Commission has underlined, “this is the first ever proposal for a stand-alone investment agreement since foreign direct investment became the exclusive competence of the EU under the Lisbon Treaty” on 1 December 2009.

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List of pre-2009 extra-EU BITs published by the European Commission, by José Ángel Rueda

On 8 May 2013 the Official Journal of the European Union has published the List of the bilateral investment agreements referred to in Article 4(1) of Regulation (EU) No 1219/2012 of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries.[1]

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Signature of Canada-Nigeria FIPA, by José Ángel Rueda

Here in Europe we are longing for the publication by the European Union of the list of pre-2009 BITs that its 27 Member States want to maintain in force or permit to enter into force with third States pursuant to Articles 2 and 4(2) of Regulation 1219/2012.[1] This list will clarify the status of some 1,200 BITs entered into by EU Member States between 1959 and 2009 – undoubtedly a major event for international investment law.[2]  Continue reading »

UNCTAD publishes new statistics on investment treaty arbitration, by José Ángel Rueda

UNCTAD has published a new edition of its statistics on investment treaty arbitration. Despite its title, “Recent Developments in Investor-State Dispute Settlement (ISDS)”,[1] it just refers to investment treaty arbitration, as stated above, because an inquiry on investment disputes arising out solely of a contract between a foreign investor and a State entity is almost impossible to achieve (arbitration courts apply strict confidentiality on these matters).   Continue reading »

ICSID Case Commentary: Tethyan Copper Company Pty. Limited v. The Islamic Republic of Pakistan (ICSID Case No ARB/12/1), Decision on Claimant’s Request for Provisional Measures, 13 December 2012, by Nida Mahmood

Facts

On 29th July 1993, BHP Minerals International Exploration Inc. (BHP) and the Balochistan Development Authority (BDA), a statutory corporation of the Province of Balochistan in Pakistan, entered into a Chagai Hills Exploration Joint Venture Agreement (CHEJVA) for exploration of deposits of gold, copper, and other minerals in the Chagai district of Balochistan.  However, pursuant to two subsequent contracts, (i) an option Agreement and (ii) an Alliance Agreement with BHP, the Claimant, Tethyan Copper Company Pty Limited, a company constituted and registered under the laws of Australia and owned in equal shares by Antofagasta Plc, a company incorporated in the United Kingdom with its headquarters in Chile, and Barrick Gold Corporation, a company incorporated in Canada, took over from BHP the exploration activities in the Chagai Hills exploration area. Continue reading »

Japan’s favourable stance towards FTAs and treaty succession, by José Ángel Rueda

March 2013 will be remembered as a month in which relevant FTA negotiations were launched or reinforced by accessions of powerful States.[1] One of the most prominent actors in this period has no doubt been Japan as in just a couple of weeks it decided to join[2] existing FTA talks for the Trans-Pacific Partnership (TPP)[3] and launch FTA negotiations with the European Union (EU).[4]  Continue reading »

Bolivian President defends recent nationalizations, by José Ángel Rueda

Today we would just like to share with our readers some news coming from the current European tour of President Evo Morales of Bolivia. In this regard it is reported that, both in Vienna, Austria on 11 March 2013[1] and in Paris, France on 12 March 2013,[2] Mr. Morales has defended the string of nationalizations decreed by the Bolivian Government in recent months.  Continue reading »

Latest remarks on EU’s FTA and foreign investment plans with developing countries in Asia, by José Ángel Rueda

The EU has been very active in the promotion of free trade and investment during the last two weeks.[1] Morocco, Peru, Ukraine or the United States of America have become or will become EU partners in those fields in the near future.

Now we would like to complete the scenario by pointing out the latest developments of EU initiatives with a further two developing countries: Myanmar and Vietnam.  Continue reading »

Remarks on the latest expropriation of foreign-owned assets in Bolivia, by José Ángel Rueda

As already reported,[1] on 18 February 2013 the Government of the Plurinational State of Bolivia agreed to expropriate and nationalize Servicios de Aeropuertos Bolivianos, S.A. (SABSA), a Bolivian company which was granted concessions to run airports in La Paz, Santa Cruz de la Sierra and Cochabamba. SABSA was ultimately controlled by Spanish companies Abertis and AENA from 2004 until the date of nationalization.  Continue reading »