Workplan Submission

The submission argues that the UNCITRAL Working Group III's draft work plan must better facilitate the participation of developing states and ensure the inclusion of critical cross-cutting issues in ISDS reform. The authors propose moving to an opt-out participation model for intersessional work, providing translation services for non-English speaking delegations, and increasing transparency regarding drafting processes and expert roles. Additionally, they call for the explicit inclusion of cross-cutting issues—such as regulatory chill, exhaustion of local remedies, and the calculation of damages—which they claim have been notably absent from recent agendas and working papers.

• The authors argue that the current draft plan may hinder the participation of developing states due to capacity constraints and a shift in working modes, potentially conflicting with the UNCITRAL mandate for an inclusive process and SDG target 16.7 regarding representative decision-making.
• To improve inclusivity, the submission suggests that all intersessional work, including meetings and drafting groups, be conducted on an opt-out rather than an opt-in basis to ensure broader access for all delegations.
• The authors highlight a critical need for translation services for meetings and documents to enable non-English speaking delegations to participate effectively in the increasing volume of intersessional work.
• The submission calls for greater transparency in the WGIII process, specifically requesting that intersessional drafting be shared with delegations and the public, and that the names and roles of experts used for research or drafting be published.
• The authors assert that critical "cross-cutting" issues—including regulatory chill, exhaustion of local remedies, calculation of damages, third-party participation, and alternative dispute resolution means—have been omitted from the draft Plan, session agendas, and Secretariat working papers despite prior agreement to incorporate them.

APA

International Institute for Sustainable Development (2021). Workplan Submission. https://www.iisd.org/system/files/2021-08/iisd-iied-ccsi-uncitral-march-2021.pdf

Chicago

International Institute for Sustainable Development. Workplan Submission. 2021. https://www.iisd.org/system/files/2021-08/iisd-iied-ccsi-uncitral-march-2021.pdf.

Wikipedia

{{cite press release |author=International Institute for Sustainable Development |title=Workplan Submission |date=1 March 2021 |url=https://www.iisd.org/system/files/2021-08/iisd-iied-ccsi-uncitral-march-2021.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{internationalinstituteforsustainabledevelopment2021workplan, author = {{International Institute for Sustainable Development}}, title = {{Workplan Submission}}, publisher = {International Institute for Sustainable Development}, year = {2021}, month = mar, url = {https://www.iisd.org/system/files/2021-08/iisd-iied-ccsi-uncitral-march-2021.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }