The future of investment treaties - possible directions
As our societies face new challenges and make new demands from policies addressing
international investment, there is a new urgency to profoundly reconsider treaties
addressing investment. This paper was prepared originally as background for initial
inter-governmental and public discussions at the OECD about future investment treaties
as well as possible alternatives. The paper surveys potential roles for treaties addressing
investment in (i) contributing to sustainable development and responsible business
conduct; (ii) preserving and improving investment market access and liberalisation
of investment, and facilitating FDI; (iii) regulating subsidised state-owned enterprises,
competition in subsidies for investment, and digitalisation; and (iv) addressing the
interests of treaty-covered and other investors in reasonable legal predictability
and a level playing field, together with the need for policy space and public support
for treaty policy. It considers potential use of more flexible and varied remedies
and implementation mechanisms. A final section briefly considers treaty policies as
governments and societies confront the urgent challenge of climate change.
Published on June 28, 2021
In series:OECD Working Papers on International Investmentview more titles