Bolivia’s experience has shown that attracting foreign investment does not by itself generate the expected development for host states and that, rather, it consists in a mechanism for financing and transferring resources from the South to the North.
The UNGPs set out a three-pillar framework: the state duty to protect human rights, the corporate responsibility to respect human rights, and access to remedy for victims of business-related abuses.
The revised model text for bilateral investment treaties has addressed many concerns, but to avoid litigations, India must renegotiate existing treaties on the basis of the new norms.
Karuturi Global Ltd., one of the largest investors in Ethiopia’s farm industry, is challenging the termination of its project, claiming the government broke the terms of its agreement with the company.
Following the release in April of 2015 of a draft model investment treaty, the government of India unveiled a final version of its proposed negotiating text.
American mining corporation Newmont escaped the domestic processing requirement from Indonesia’s 2009 Mining Law. It achieved this by using a clause in a Dutch investment treaty.