2018 Survey on Developing Country Investment Treaty Negotiations

This fact sheet presents results from a 2018 online survey of 72 respondents from 54 countries, conducted between March and May 2018. The survey targeted government officials and regional organization members from developing countries involved in investment policy and treaty disputes, specifically members of the Investment Policy Network (IPN).

• A significant number of developing countries are actively modifying their investment treaty frameworks, with 21 countries negotiating new treaties and 24 countries either renegotiating or terminating existing ones. Reasons for renegotiation include the desire to modernize treaties to reflect new models, align them with current domestic laws, and address risks and loopholes for litigation found in traditional Bilateral Investment Treaty (BIT) models.
• Investment disputes and threats of arbitration have directly influenced government strategies toward investment treaties. For 21 countries, treaty-based disputes impacted their approach, leading in some cases to the denunciation of all BITs signed by the country or a decision to stop negotiating and ratifying new BITs. Additionally, 21 countries have faced threats of arbitration from foreign investors regarding government measures, including disputes over halted projects following a revolution or the nullification of permits.
• The use and development of model investment treaties vary across the 54 surveyed countries. While some countries use models developed by regional bodies like SADC or with help from the IISD, others have models that have been in place for over two decades or were adopted but never implemented. The document notes that countries cannot always use their model treaty in negotiations, though they still find success in integrating key elements of their models into concluded treaties or chapters.

APA

International Institute for Sustainable Development (2019). 2018 Survey on Developing Country Investment Treaty Negotiations. https://www.iisd.org/system/files/publications/survey-investment-negotiations-2018-brochure.pdf

Chicago

International Institute for Sustainable Development. 2018 Survey on Developing Country Investment Treaty Negotiations. 2019. https://www.iisd.org/system/files/publications/survey-investment-negotiations-2018-brochure.pdf.

Wikipedia

{{cite report |author=International Institute for Sustainable Development |title=2018 Survey on Developing Country Investment Treaty Negotiations |date=2019 |url=https://www.iisd.org/system/files/publications/survey-investment-negotiations-2018-brochure.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{internationalinstituteforsustainabledevelopment20192018, author = {{International Institute for Sustainable Development}}, title = {{2018 Survey on Developing Country Investment Treaty Negotiations}}, institution = {International Institute for Sustainable Development}, year = {2019}, url = {https://www.iisd.org/system/files/publications/survey-investment-negotiations-2018-brochure.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }