{"query_echo":{"q":"","filters":{"analysis_type":["legal survey"]},"warnings":[{"code":"facet_value_not_in_vocabulary","message":"Value 'legal survey' for facet 'analysis_type' is not in the controlled vocabulary."}]},"total":{"value":2,"relation":"eq"},"page":1,"page_size":20,"self":"https://climateinsightsdirectory.org/api/v1/search?analysis_type=legal+survey","stability":"beta","ai_marking":{"digital_source_type":{"uri":"http://cv.iptc.org/newscodes/digitalsourcetype/trainedAlgorithmicMedia","name":"Created using Generative AI"},"notice":"Summary and key insights are generated using artificial intelligence."},"results":[{"id":"iisd-003415","url":"https://climateinsightsdirectory.org/document/iisd-003415","title":"Rethinking National Investment Laws","publisher":{"name":"International Institute for Sustainable Development","organization":"international-institute-for-sustainable-development"},"document_type":"report","language":"en","date_published":"2023-07","source_url":"https://www.iisd.org/system/files/2023-07/rethinking-national-investment-laws-en.pdf","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The report examines national investment laws as versatile domestic policy instruments, tracing their evolution from 1950s development-driven codes to 1980-2010 models aligned with international treaty standards. It identifies seven primary functions of contemporary investment laws: governing admission, conferring incentives, facilitating investment, guaranteeing legal protection, managing disputes, specifying investor obligations, and monitoring oversight. The authors argue against 'off-the-shelf' models, suggesting instead a functional framework where design is tailored to national context and sustainable development objectives. The report warns against the risks of 'legal enclaves' and the potential for costly litigation when treaty-style protections and advance consent to international arbitration are incorporated into domestic law.","ai_generated":true,"unit":"iisd-003415#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"National investment laws have evolved through three distinct phases: an early period (1950–1979) driven by domestic development priorities, a period of alignment with international standards and investment treaties (1980–2010), and a current phase of renewed interest in diversifying these laws to meet modern challenges.","ai_generated":true,"unit":"iisd-003415#insight-1","date_modified":"2026-10-23"},{"text":"The report identifies seven main functions that contemporary national investment laws serve: governing the admission and approval of new foreign investment, conferring and administering investment incentives, facilitating investment, guaranteeing legal protection, establishing systems for managing investor–state disputes, specifying investors’ obligations, and monitoring and oversight of investment.","ai_generated":true,"unit":"iisd-003415#insight-2","date_modified":"2026-10-23"},{"text":"A survey of 70 investment laws reveals that at least 80% deal with investment incentives, roughly 70% guarantee legal protection to investors, and almost 70% expressly address the settlement of investment disputes.","ai_generated":true,"unit":"iisd-003415#insight-3","date_modified":"2026-10-23"},{"text":"The report warns that incorporating treaty-style protections, such as fair and equitable treatment (FET) or stabilization clauses, into national laws can create 'legal enclaves' and expose states to the same legal and financial risks as old-style investment treaties.","ai_generated":true,"unit":"iisd-003415#insight-4","date_modified":"2026-10-23"},{"text":"There is a significant trend toward 'negative list' approaches for investment admission, where foreign investment is permitted in all sectors except those specifically listed as restricted, as opposed to 'positive list' approaches which are now rare.","ai_generated":true,"unit":"iisd-003415#insight-5","date_modified":"2026-10-23"},{"text":"The report argues that there is no universal 'off-the-shelf' model for investment laws; instead, the appropriate design depends on the national context and the specific functions policy-makers want the law to serve to promote sustainable development.","ai_generated":true,"unit":"iisd-003415#insight-6","date_modified":"2026-10-23"},{"text":"The report highlights the risk of 'automatic' investment approval upon the expiry of a time limit, which can be particularly problematic for developing countries with limited bureaucratic capacity to conduct environmental or social impact assessments.","ai_generated":true,"unit":"iisd-003415#insight-7","date_modified":"2026-10-23"}],"climate_tags":["sustainable development","tax incentive","environmental protection","climate change"],"geography_discussed":["People's Republic of China","Myanmar","Australia","South Africa"],"frame_perspective":[],"analysis_type":["policy analysis","legal survey","historical review"]},{"id":"iisd-003418","url":"https://climateinsightsdirectory.org/document/iisd-003418","title":"Rethinking National Investment Laws","publisher":{"name":"International Institute for Sustainable Development","organization":"international-institute-for-sustainable-development"},"document_type":"executive summary","language":"en","date_published":"2023-07","source_url":"https://www.iisd.org/system/files/2023-07/rethinking-national-investment-laws-summary-en.pdf","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","analysis_type"],"summary":{"text":"The report examines how national investment laws have evolved from domestic development tools in the 1950s to instruments reflecting international treaty standards between 1980 and 2010, and finally toward a modern era of diverse, context-specific designs. Based on a survey of 70 laws, it identifies seven primary functions of investment laws: governing admission, administering incentives, facilitating investment, guaranteeing legal protection, managing disputes, specifying investor obligations, and monitoring investment. The authors argue against 'off-the-shelf' models, instead proposing a framework where policy-makers first define their ultimate objectives—such as promoting sustainable development—and then determine which specific functions and legal structures are appropriate for their national context.","ai_generated":true,"unit":"iisd-003418#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"National investment laws have undergone significant shifts in purpose: from 1950s-1970s tools for domestic policy and development plans, to 1980-2010 instruments used to incorporate international investment protection standards and tax incentives, to a current trend of diversifying practices to avoid the legal risks associated with treaty-modelled laws.","ai_generated":true,"unit":"iisd-003418#insight-1","date_modified":"2026-10-23"},{"text":"A survey of 70 investment laws reveals seven primary functions these laws serve today: governing the admission and approval of new foreign investment (at least 60% of laws), conferring and administering investment incentives (at least 80%), facilitating investment, guaranteeing legal protection (roughly 70%), managing investor-state disputes (almost 70%), specifying investor obligations, and monitoring/oversight of foreign investment.","ai_generated":true,"unit":"iisd-003418#insight-2","date_modified":"2026-10-23"},{"text":"While many laws provide legal protections, they rarely mirror the full scope of international treaties; for instance, fewer than 10% of the reviewed national laws include fair and equitable treatment provisions.","ai_generated":true,"unit":"iisd-003418#insight-3","date_modified":"2026-10-23"},{"text":"The report argues that there is no universal 'best practice' or 'off-the-shelf' model for investment laws, as the appropriate design depends entirely on the national context and the specific policy objectives a government wishes to achieve.","ai_generated":true,"unit":"iisd-003418#insight-4","date_modified":"2026-10-23"},{"text":"The authors propose a reform framework that prioritizes the identification of an ultimate objective—typically promoting sustainable development—and the disaggregation of that goal into proximate objectives, such as protecting national security or maximizing benefits for local communities, before deciding on the law's functions and content.","ai_generated":true,"unit":"iisd-003418#insight-5","date_modified":"2026-10-23"},{"text":"Certain common features of investment laws carry acute risks: tax incentives can deplete public funds for investments that would have happened anyway, and protections like stabilization or fair and equitable treatment can create legal risks similar to those found in old-style investment treaties.","ai_generated":true,"unit":"iisd-003418#insight-6","date_modified":"2026-10-23"}],"climate_tags":["sustainable development","tax incentive","environmental law"],"geography_discussed":[],"frame_perspective":[],"analysis_type":["policy analysis","legal survey","historical analysis"]}]}