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Dear Colleagues,
 
It is my pleasure to share with you our most recent Issues Note on "Taking 
Stock of IIA Reform".
 
There is a pressing need for systematic reform of the international 
investment agreements (IIAs) regime to bring it in line with today's 
sustainable development imperative. Today, the question is not whether or 
not to reform, but about the what, how and the extent of such reform.
 
This IIA Issues Note takes stock of IIA reform efforts at the national, 
bilateral, regional and multilateral levels. The Note reviews experiences 
with the policy options presented in UNCTAD’s Roadmap for IIA Reform (as 
launched in the World Investment Report). It discusses the emergence of 
new generation investment policies, as outlined in UNCTAD's Investment 
Policy Framework for Sustainable Development.
 
The preliminary stocktaking shows that efforts towards a more 
sustainable-development-friendly IIA regime are being undertaken at all 
levels of governance:
·     At the national level, at least 110 countries have reviewed their 
national and/or international investment policies. Many of those reviews 
resulted in the development of a new IIA model that is in line with new 
generation investment policymaking.
·     At the bilateral level, there is a clear shift in drafting practice. 
Recently signed IIAs contain a number of policy options for balancing the 
host governments' right to regulate with investment protection.
·     At the regional level, megaregionals or regional IIA models include 
reform-oriented policy options. Some inputs into megaregional negotiations 
break new ground with respect to IIA and investment dispute settlement 
reform.
·     At the multilateral level, a number of forums touch upon issues 
related to IIA reform (e.g. transparency in ISDS, business and human 
rights, or financing for development). UNCTAD's World Investment Forum, 
its Trade and Development Board and Investment Commission provide a global 
platform for engaging policymakers and the investment and development 
community at large.
 
IIA reform is a formidable challenge. Significant progress has been made, 
but much remains to be done. Comprehensive reform requires a two-pronged 
approach: modernizing existing treaties and treaty models and formulating 
new ones. Only a common approach will deliver an IIA regime, in which 
stability, clarity and predictability help achieve the objectives of all 
stakeholders: effectively harnessing international investment relations 
for the pursuit of sustainable development. 
 
UNCTAD has been advocating for IIA reform since 2010. Based on UNCTAD’s 
long-standing experience with its Work Programme on IIAs, UNCTAD's World 
Investment Report series 2010-2015 highlighted a myriad of challenges and 
options for reforming various aspects of the IIA regime.  UNCTAD's mandate 
to continue this endeavor was recently confirmed in the Addis Ababa Action 
Agenda (AAAA) of the Third United Nations Financing for Development 
Conference, July 2015. UNCTAD stands ready to continue providing the 
investment and development community with the necessary backstopping in 
this regard.
 
The IIA Issues Note will serve as input into the deliberations at the 
forthcoming UNCTAD Expert Meeting on IIA Reform, scheduled for 16 March 
2016 in Geneva, Switzerland (for more information write to 
[log in to unmask]). The meeting will allow the investment and 
development community to improve its knowledge of IIA reform activities 
around the globe, share experiences of stakeholders' approaches to IIA 
reform, identify lessons learned, and chart the way forward towards the 
IIA Conference at the 2016 World Investment Forum, scheduled for July 2016 
in Nairobi, Kenya.
 
I look forward to welcoming you on 16 March!
 
James Zhan
Director, Investment and Enterprise
Team Leader, World Investment Report
UNCTAD
Palais des Nations, Geneva
Tel: +41 22 917 5797
www.unctad.org/diae
www.unctad.org/wir (World Investment Reports)
http://unctad-worldinvestmentforum.org/