Repensar Los Tratados de Inversión

The document argues that the current model of investment protection is often ineffective and suggests that future treaties should prioritize sustainable investment, the regulation of investor conduct, and international cooperation to support the energy transition and sustainable development goals.

• Investment treaties have a limited role in promoting sustainable investment, as national and regional legal frameworks are generally more suitable for this purpose. However, treaties can provide platforms for international cooperation to address collective action problems, such as high borrowing costs in developing countries or the management of subsidies.
• The traditional model of international investment protection is considered of doubtful policy relevance due to its inefficiency and associated costs. If states continue to provide such protection, it should be restricted exclusively to sustainable investments and limited to preventing opportunistic state conduct.
• To prevent negative social and environmental impacts, treaties should explicitly require investors to comply with national laws. Treaties should also focus on ensuring that states provide legal systems for remedy and civil liability actions for misconduct by investors, as current access to justice for affected communities is often limited and expensive.
• Investment treaties should support productive industrialization by facilitating technology transfer, creating links with local economies, and promoting decent work, rather than hindering national development policies by prohibiting performance requirements.
• International cooperation through treaties can address critical global challenges, including the phased elimination of fossil fuel investments, the ending of public subsidies for fossil fuels, and the creation of funds to lower the costs of a just energy transition.

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} }