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Dear Members of the World Investment Network, 

I am pleased to share with you our IIA Issues Note on the reform of the 
regime of international investment agreements (IIAs). The note is based on 
chapter III of UNCTAD's World Investment Report, which was launched 
earlier this week. 

While almost all countries are party to one or more IIAs, many are 
dissatisfied with the current regime. Concerns relate mostly to the 
development dimension of IIAs, the balance of rights and obligations 
between investors and States, and the systemic complexity of the IIA 
regime.

Countries' current efforts to address these challenges reveal four 
different paths of action: (i) some aim to maintain the status quo, 
largely refraining from changes in the way they enter into new IIA 
commitments; (ii) some are disengaging from the IIA regime, unilaterally 
terminating existing treaties or denouncing multilateral arbitration 
conventions; and (iii) some are implementing selective adjustments, 
modifying models for future treaties but leaving the treaty core and the 
body of existing treaties mostly unchanged. Finally, (iv) some opt for 
systematic reform that aims to comprehensively address the IIA regime's 
challenges in a holistic manner. 

While each of these paths has benefits and drawbacks, systemic reform 
could effectively address the complexities of the IIA regime and bring it 
in line with the sustainable development imperative.

The systemic reform process of the IIA regime could follow a gradual 
approach with carefully sequenced actions: (i) defining the areas for 
reform, (ii) designing a roadmap for reform, and (iii) implementing it at 
the national, bilateral and regional level, with facilitation at the 
multilateral level.

A multilateral focal point such as UNCTAD could support this holistic, 
coordinated and sustainability-oriented approach to IIA reform. UNCTAD's 
Investment Policy Framework for Sustainable Development (IPFSD) could 
offer guidance and the IIA Conference at UNCTAD's World Investment Forum, 
scheduled for 13-16 October in Geneva, could provide a platform for 
discussing it. 

With kind regards,

James X. Zhan 
Director 
Investment & Enterprise Division 
United Nations Conference on Trade & Development 
Palais des Nations, Geneva 
Tel: +41 22 9175797 
www.unctad.org/diae 

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