Survey on Developing Country Investment Treaty Negotiations

This IISD report presents the results of a 2018 online survey of 72 respondents from 54 developing countries regarding their investment treaty negotiation processes. It examines trends in treaty renegotiation, the impact of investment disputes, the use of model treaties, ratification procedures, and the specific government agencies involved in leading and supporting these negotiations.

• A majority of surveyed countries are actively negotiating new investment treaties, while a smaller portion is renegotiating or terminating existing ones due to perceived imbalances or outdated terms. Specifically, 61% (33/54) of countries are negotiating new treaties, and 39% (21/54) are renegotiating or terminating existing ones.
• Investment disputes and threats of arbitration have led some governments to adopt more cautious approaches, including freezing the negotiation of new bilateral investment treaties (BITs), reviewing or terminating existing ones, or implementing constitutional language to avoid extra-regional arbitration tribunals.
• The use of model investment treaties is split, with 41% (22/54) of countries reporting they have one and 41% (22/54) reporting they do not. Some countries utilize the Southern African Development Community (SADC) model as a basis for their negotiations.
• Parliamentary involvement in the creation of model investment treaties is low, with 57% (31/54) of respondents stating their Parliament is not involved. However, most countries (78% or 42/54) do have a ratification process for investment treaties.
• The Ministry of Foreign Affairs and investment authorities are the most common lead agencies in investment treaty negotiations. In the specific case of investment chapters within broader trade agreements, trade ministries see increased involvement compared to standalone treaty negotiations.
• Coordination for treaty negotiations typically involves a lead ministry—usually finance or foreign affairs—working with other relevant bodies such as trade, justice, treasury, and industry.

APA

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

Chicago

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

Wikipedia

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

BibTeX

@techreport{internationalinstituteforsustainabledevelopment2019survey, author = {{International Institute for Sustainable Development}}, title = {{Survey on Developing Country Investment Treaty Negotiations}}, institution = {International Institute for Sustainable Development}, year = {2019}, month = feb, url = {https://www.iisd.org/system/files/publications/survey-investment-negotiations-2018.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }