Repensar Los Tratados de Inversión

This executive summary, published by the International Institute for Sustainable Development (IISD) in May 2024, proposes a new framework for designing international investment treaties. Rather than focusing on the flaws of existing regimes, the document suggests a 'roadmap' approach that identifies urgent policy problems in international investment governance and evaluates whether treaties are the appropriate tool to solve them, emphasizing sustainable investment, the regulation of project impacts, and international cooperation.

• The document argues that while sustainable investment is critical for poverty mitigation, decent job creation, and climate action, treaties have a limited role in promoting it. National and regional legal frameworks are deemed more suitable for fostering sustainable investment and discouraging non-sustainable investment.
• Regarding the promotion of sustainable investment, the authors find that treaties are not the ideal means for direct incentives. However, they can be useful indirectly by creating platforms for international cooperation on collective action problems, such as addressing high borrowing costs in developing countries or managing subsidies.
• The authors question the continued use of the traditional investment protection model due to its inefficiency and associated costs. They suggest that if states continue to provide such protection, it should be restricted to sustainable investments and limited to preventing 'opportunistic conduct' by the host state.
• To prevent negative social and environmental impacts, the document asserts that national legislation should be the primary level of regulation. Treaties should complement this by explicitly requiring investors to comply with national laws and by ensuring states provide legal systems for damages and civil liability for investor misconduct.
• Investment treaties should be designed to enhance a state's ability to benefit from sustainable investment rather than hindering national development policies. This includes facilitating productive industrialization through technology transfer, local economic links, and the creation of decent work, rather than prohibiting performance requirements.
• International cooperation via treaties can address systemic governance issues, including the phase-out of fossil fuel investments, the elimination of public subsidies for fossil fuels, and the creation of funds to lower the costs of a just energy transition.
• Treaties can support the improvement of national investment governance without replacing it, specifically in areas of transparency (such as public contracts and beneficial ownership registries), stakeholder participation, and access to justice for affected parties.

APA

Ostřanský, J., & Bonnitcha, J. (2024). Repensar Los Tratados de Inversión. International Institute for Sustainable Development. https://www.iisd.org/system/files/2026-02/rethinking-investment-treaties-roadmap-summary-es.pdf

Chicago

Ostřanský, Josef, and Jonathan Bonnitcha. Repensar Los Tratados de Inversión. International Institute for Sustainable Development, 2024. https://www.iisd.org/system/files/2026-02/rethinking-investment-treaties-roadmap-summary-es.pdf.

Wikipedia

{{cite report |last1=Ostřanský |first1=Josef |last2=Bonnitcha |first2=Jonathan |title=Repensar Los Tratados de Inversión |publisher=International Institute for Sustainable Development |date=May 2024 |url=https://www.iisd.org/system/files/2026-02/rethinking-investment-treaties-roadmap-summary-es.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ostansk2024repensar, author = {Ostřanský, Josef and Bonnitcha, Jonathan}, title = {{Repensar Los Tratados de Inversión}}, institution = {International Institute for Sustainable Development}, year = {2024}, month = may, url = {https://www.iisd.org/system/files/2026-02/rethinking-investment-treaties-roadmap-summary-es.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }