Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration

The Mauritius Convention on Transparency, adopted by the UN General Assembly on 10 December 2014, provides a mechanism for States to 'opt-in' to the UNCITRAL Rules on Transparency for arbitrations brought under investment treaties concluded before April 2014. The document highlights that investor-State arbitrations often involve public interests, including policies on nuclear or alternative energy, tobacco control, and the protection of drinking water, yet typically lack the openness of legal systems governed by the rule of law. By mandating the disclosure of documents and open hearings, the Convention aims to improve democratic participation, accountability, and the ability of governments to reform international economic governance. As of January 2017, Mauritius and Canada had ratified the Convention, while several other States had signed it.

• The Mauritius Convention on Transparency serves as an 'efficient mechanism' for States to apply the UNCITRAL Rules on Transparency to arbitrations based on investment treaties concluded before April 2014.
• Investor-State arbitrations frequently impact critical public policies, such as those concerning alternative or nuclear energy, mining in natural reserves, tobacco control, and drinking water protection.
• The UNCITRAL Rules on Transparency mandate openness through three categories of document disclosure: mandatory and automatic disclosure (such as statements and submissions), mandatory disclosure upon request (such as expert reports and witness statements), and discretionary disclosure by the tribunal.
• As of January 2017, the Convention had been ratified by Canada and Mauritius, with additional signatures from States including Finland, France, Germany, Sweden, the United Kingdom, the United States, Belgium, Congo, Gabon, Italy, Luxembourg, Madagascar, the Netherlands, Switzerland, and Syria.

APA

Center for International Environmental Law (2017). Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration. https://www.ciel.org/wp-content/uploads/2017/02/Mauritius-Briefing-Paper-Final-7FEB17.pdf

Chicago

Center for International Environmental Law. Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration. 2017. https://www.ciel.org/wp-content/uploads/2017/02/Mauritius-Briefing-Paper-Final-7FEB17.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration |date=January 2017 |url=https://www.ciel.org/wp-content/uploads/2017/02/Mauritius-Briefing-Paper-Final-7FEB17.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2017toward, author = {{Center for International Environmental Law}}, title = {{Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration}}, institution = {Center for International Environmental Law}, year = {2017}, month = jan, url = {https://www.ciel.org/wp-content/uploads/2017/02/Mauritius-Briefing-Paper-Final-7FEB17.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }