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Asia-Pacific Economic Cooperation (APEC)

APEC Investment Experts’ Group (IEG)

The Investment Experts' Group was established by the APEC Committee on Trade and Investment (CTI) in 1994 to develop a set of Non-Binding Investment Principles (recently updated in 2011) to serve as a guide for further investment liberalization. It continues to assist the Committee on Trade and Investment with its efforts to encourage and facilitate free and open investment in the region.

The IEG is comprised of experts on investment and officials responsible for investment policies in all APEC member economies. In addition to making policy recommendations and developing policy resources, the IEG collaborates with other business organizations to create opportunities for the private and public sectors to exchange views on investment issues.

Recent  Projects and Resources

  • Event Video and Transcript- APEC: Challenges & Opportunities of Infrastructure Investment - 2013
    The Center for Strategic and International Studies' (CSIS) Scholl Chair in International Business, the National Center for Asia-Pacific Economic Cooperation (NCAPEC), and the National Association of Manufacturers (NAM) are pleased to have hosted a joint conference on infrastructure investment in the APEC region. Two panels of regional experts and practitioners provided critical assessments and insights into the benefits of infrastructure investment and the challenges that businesses face in the region.
     

  • APEC Best Practices Guidebook on Dispute Prevention- 2011
    The APEC Investment Experts’ Group developed a guidebook that highlights several mechanisms that a number of APEC Economies have in place to facilitate pre-court investor dispute settlement. 
     
  • Update of the APEC Non-Binding Investment Principles (NBIP)  – 2011
    In 2011, the APEC Investment Experts’ Group updated the set of Non-Binding Investment Principles that it was established to create in 1994. The updated principles are designed to demonstrate APEC’s commitment to promoting investment and addressing challenges posed by a rapidly evolving business environment

China

  • EU-China Relations: 2015 and Beyond - March 2015
    In 2011, BUSINESS EUROPE launched an in-depth examination of the EU-China Relationship in its report Rising to the China Challenge.  Its new study, EU-China Relations: 2015 and Beyond, released earlier this month reviews the original 2011 report and examines the current state of EU-China relations in regards to current trade and investment negotiations.
     

  • New Realities in the US-China Investment Relationship - April 2014
    Author: U.S. Chamber of Commerce & Rhodium Group
    The report details a "major shift" in the flow of investment between the U.S. and China. According to the report, annual Chinese foreign direct investment (FDI) in the U.S. has surpassed the U.S FDI in China, and stresses the need for "timely Chinese investment liberalization" and support for an "open investment regime." Additionally, the report offers suggestions to U.S. and Chinese leadership on the most mutually beneficial way to handle the changed FDI flow relationship.
     
  • From International to Interstates: Assessing the Opportunity for Chinese Investment in U.S. Infrastructure - October 2013
    Author: U.S. Chamber of Commerce
    The report identifies the benefits and complexities of pursuing such investment opportunities and provides practical advice for potential participants. It goes on to show that investment opportunities are available but achieving them will be a serious challenge. 
  • China's Approval Process - October 2012
    Author: U.S. Chamber of Commerce
    The report includes a detailed analysis of China’s inbound FDI approval process and discusses implications for U.S. companies related to market access, national treatment, and transparency in China.
     
  • The Employment Impact of Chinese Investment in the United States- September 2012
    Author: Thilo Hanemann and Adam Lysenko, Rhodium Group
    This article demonstrates the enormous job-growth potential of Chinese investment in the U.S. economy.  The authors examined 600 examples of Chinese FDI in the United States from 2000-2012.
     
  • The Faces of Chinese Investment in the United States - July 2012
    Author: U.S. Chamber of Commerce, Asia Division 
    "The Faces of Chinese Investment in the United States" contains practical information from chairmen, CEOs and other top executives of Chinese companies that have already been successful in the United States. The report highlights companies both large and small, state-owned and private, and manufacturers and service providers that have invested in different locations across America.

Europe

  • TTIP, Investor-State Dispute Settlement, and the Rule of Law - December 2015
    Peter Chase, Vice President of European Affairs (Brussels) at the U.S. Chamber of Commerce, published a primer for the Martens Centre on what the Investor-State dispute settlement (ISDS) is and its role in keeping the rule of law in the Transatlantic Trade and Investment Partnership (TTIP). The primer seeks to return the ISDS conversation, which has been skewed by unsubstantiated concerns, back to basics and reinforce its necessity in the TTIP agreement.

  • BDI Releases Assessment of Investment Protection in TTIP - December 2015
    BDI previously released their assessment of the EU Commission's negotiation proposal on the reformed Transatlantic Trade and Investment Partnership (TTIP) investment chapter. Now available in English, BDI agrees with many provisions set forth by the EU, but states some portions need substantial improvement if the TTIP is to serve as a model for future trade agreements. 

  • BDI Releases New Background Paper in Support of ISDS and IIA's - October 2015
    BDI released a new paper titled "International Investment Agreements and Investor-State Dispute Settlement: Fears, Facts, Faultlines," supporting the inclusion of International Investment Agreements (IIAs) and the inclusion of investment chapters, especially investor-state dispute settlement (ISDS) mechanism, in said agreements. The paper covers 10 major areas of concern voiced by critics, provides important data on IIAs and ISDS, and examines 10 ISDS cases several of which have yet to be decided.

  • BUSINESSEUROPE Assesses Proposal on New Investment Court System - October 2015
    BUSINESEUROPE provided their assessment on the European Commission's proposal for a new Investment Court System proceeding a public consultation on ISDS in the Transatlantic Trade and Investment Partnership (TTIP).  On the overall proposal BUSINESSEUROPE states that, while they support modernizing the current system, a "proper impact assessment" is needed to evaluate its effects on inflows and outflows of investment between the EU and its trading partners. Additionally, the comments address more specific areas of the proposal, like the "Right to Regulate." 

  • U.S. Chamber of Commerce: Investment Protection: If It Ain't Broke, Why "Fix" It? - October 2015
    The U.S. Chamber of Commerce's Sean Heather, Vice President of the Center on Global Regulatory Cooperation and Executive Director for International Policy, and Peter Chase, Vice President for Europe (Brussels), in response to the European Commission's recent proposal to revise the investment protection regime in international trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP), posted a blog defending the necessity of including Investor-State dispute settlement (ISDS) mechanism in such agreements. The blog discusses key concerns with the new proposals, as well as several points on ISDS missed during the European debate.

  • MEDEF Releases ISDS Views - June 2015
    MEDEF International - Europe last month released it recommendations for reform for the Investor-State Dispute Settlement (ISDS) mechanism. In their position paper, MEDEF lays out the reasons why it supports including an ISDS chapter in the Transatlantic Trade and Investment Partnership (TTIP), and expands on it recommendations for reform, such as the need for more transparency and clarity on the scope and standards of protection. The condensed version of the MEDEF's recommendations is avaialble here.

  • BCCD Releases New TTIP White Paper - June 2015   
    Last month, the British Chamber of Commerce in Denmark (BCCD) released a new white paper in their Business and Political Series following the its successful public debate in Copenhagen on Investor-State Dispute Settlement (ISDS) mechanism in the Transatlantic Trade and Investment Partnership (TTIP) in April. This paper, titled "A Balancing Act: TTIP's Investment Protection and ISDS," recaps the themes and discussions examined during the April public debate.

  • BUSINESSEUROPE Sends Letter in Support of ISDS - March 2015
    On March 13, BUSINESSEUROPE sent a letter to Gianni Pittella, President of the Group of the Progressive Alliance of Socialists & Democrats (S&D), Bernd Lange, Member of the EU Parliament, Commissioner Malmström, and all INTA MEPs in regards to the S&D Group's recent stance against including ISDS measures in the Transatlantic Trade and Investment Partnership (TTIP). BUSINESS EUROPE states it regrets the S&D Group's position and provides reasons why ISDS inclusion is necessary for a robust TTIP agreement.

  • BUSINESSEUROPE Position on ISDS - February 2015 
    Earlier this month, BUSINESSEUROPE released an overview of their position on including ISDS measures in bilateral investment treaties. In this paper, BUSINESSEUROPE outlines key facts about ISDS provisions, address common questions and misconceptions, lay out areas of improvement, and finish with an assessment of recent developments.

  • EU Commission ISDS Consultation Report Published - January 2015
    Last month, the EU Commission has published its analysis of its public online consultation on investment protection and including investor-state dispute settlement (ISDS) measures in the Transatlantic Trade and Investment Partnership (TTIP). The nearly 150,000 replies received over the 3 month consultation show overall that many citizens, businesses, and organizations across Europe and the United States are skeptical of including ISDS measures in TTIP.  Cecilia Malmström, Commissioner for Trade, responded to the report, "We need to have an open and frank discussion about investment protection and ISDS in TTIP with EU governments, with the European Parliament and civil society before launching any policy recommendations in this area. This will be the first immediate step following the publication of this report."

  • Chamber, Associations Issue Joint Statement to EU Commission on Consultation Report - January 2015
    The U.S. Chamber of Commerce, BUSINESSEUROPE, and several other organizations issued a joint statement in January supporting an "Ambitious and comprehensive" TTIP agreement as an important step forward to include an investor-state dispute measure. The statement was made at the time of the Commission's ISDS report. It states in part, "The inclusion of ISDS in TTIP is crucial as it will provide the means to enforce these principles via a neutral, fact-based and apolitical form of dispute settlement." 

  • New Journal of World Trade Entry Stresses the Need for ISDS - January 2015
    In "Why TTIP Should Have an Investment Chapter Including ISDS" to be published in the Journal of World Trade, Reinhard Quick sputs forth that that TTIP agreement is the ideal time to introduce reforms to ISDS that will protect FDI against "unjust interference" from the host country.  Reinhard believes TTIP is a chance for the US and the EU, as two of the world's largest economic powers, to lead by example and "re-invigorate transatlantic trade and investment relations."

  • International Investment in Europe: A Canary in the Coal Mine? - November 2014
    Global flows of foreign direct investment (FDI) fell dramatically during the financial crisis of 2008, and today remain 40% below pre-crisis levels.  One region affected the most by this collapse was Europe, with inward FDI flows at 75% and investment outflows at 80% below peak 2007 levels.  In this paper, Michael Gestrin analyzes why the EU has struggles to recover, considers the structural factors that may play a role, and suggests policy measures to combat the EU's stagnant investment flow.

  • BDI Releases New Position Paper: The "I" in TTIP - October 2014
    The German Federation of Industries released its most recent position paper: "The I in TTIP- Why the Transatlantic Trade and Investment partnership Needs an Investment Chapter" on the need for strong investment policy measures in TTIP.  The paper outlines the benefits of international investment agreements (IIA's) and recommends policies and reforms aimed at building a strong investment agreement that will met the needs of the investor and State.

  • The Impact of Investor State Dispute Settlement (ISDS) in the TTIP - June 2014
    The Dutch Government recently released a study addressing the pros and cons of and ISDS chapter and potential effects on Dutch industry, government, and society.  The conclusion is that the risks associated with ISDS are “overstated” and can be avoided with “careful and progressive drafting” in the TTIP.  

  • UK National Committee  Member of the International Chamber of Commerce (ICC)  - June 2014
    Perspective on the need for strong investment agreements and ISDS provisions, but also offers a rebuttle to some of the disinformation being spread by anti-business, anti-investment activists.

  • ECIPE Occasional Paper: Demystifying the Investor-State Dispute Settlement - June 2014
    The European Centre for International Political Economy has released a paper on a recent study of Investor-State Dispute Settlement (ISDS) activity over the last decade.  The paper focuses on the impact of ISDS on Foreign Direct Investment (FDI), identifies which sectors are experiencing ISDS growth, and the consequences should the EU bows to criticism and walks away from current Bilateral Investment Treaties (BITs) with the US. 
     

  • BUSINESSEUROPE Releases New Position Paper on ISDS - May 2014
    BUSINESSEUROPE released a position paper explaining the role of investor-state dispute settlements (ISDS) and their necessity to investment protection in all European Union bilateral investmen treaties (BITs) and free trade agreements (FTAs). This paper also addresses the criticism and misconceptions against ISDS. 
     
  • BDI Releases New Repot on Investor-State Dispute Settlements (ISDS) - May 2014
    In April, BDI of Germany released a report entitled "Background: Facts and Figures- International Investment Agreements and Investor- State Dispute Settlement." The number of ISDS cases around the world has been on the rise, and critics are growing evermore vocal about their fears that ISDS gives investors power to challenge state laws. 
     
  • BDI Position Paper: Protecting European Investment Aborad: A Roadmap for Improved International Investment Agreements - March 2014
     
  • Investment Provisions in the EU-Canada Free Trade Agreement - European Commission - January 2014
    This fact sheet provides a snapshot of the investment provisions in the EU-Canada free trade agreement (CETA). The fact sheet highlights three main areas: reaffirming the right to regulate; precise definition of Fair and Equitable treatment; and detailed language on indirect expropriation.
  • Factsheet on Investor-State Dispute Settlement - European Commission - October 2013
    This factsheet provides a comprehensive overview of Investor-State Dispute Settlement (ISDS) with an emphasis on how and why the EU favors its inclusion in trade agreements.

  • European Union and the United States on Principles for International Investment – April 2012

India

  • CSIS Wadhwani Chair: Going to Bat for the BIT - September 2015
    In this issue of the Center for Strategic & International Studies (CSIS) Wadhwani Chair in U.S.-India Policy Studies monthly newsletter, Richard Rossow examines the progress of the U.S.-India Bilateral Investment Treaty (BIT) negotiations, in particular the recent response from the Law of Commission in India. The Commission states the draft model BIT would not help India's government to facilitate investment.
     

  • BIT and Beyond - Advancing the U.S.-India Economic Relationship - December 2012
    Author: Matthew Stokes & Niraj Patel, Wadhwani Chair in U.S.-India Policy Studies, CSIS
    This report, the result of a series of roundtable discussions and interviews in Washington and New Delhi, argues for the need to pursue a BIT aggressively, primarily from the U.S. perspective, and provides recommendations for ensuring success of this effort.

Indonesia

  • US Chamber, AmCham Indonesia Release Report: Indonesia's New Path - November 2014
    Author: U.S. Chamber of Commerce, AmCham Indonesia, KADIN, APINDO
    The U.S. Chamber of Commerce and the U.S. Chamber of Commerce in Indonesia (AmCham Indonesia) released a new report last month entitled "Indonesia's New Path: Promoting Investment, Nurturing Prosperity."  The new report offers "specific recommendations for how the newly-elected Indonesian government and foreign investors, particularly from the United States, can work together to achieve Indonesia's goals of reducing poverty and building a modern economy." The full report is avaiable here.  
     
  • Partners in Prosperity: US Investment in Indonesia - May 2014
    Author: U.S. Chamber of Commerce, AmCham Indonesia, USAID
    Since the discovery of the Duri oil field in 1924, Indonesia and the United States have enjoyed a prosperous business and investment relationship.  Despite this, the full extent of the U.S. Foreign Direct Investment (FDI) is still not well known.  In order to fully understand the "depth and benefits" of U.S. FDI in Indonesia, the U.S. Chamber of Commerce, U.S. Agency for International Development Mission, and AmCham Indonesia have commissioned the Paramadina Public Policy Institute, Ernst & Young Indonesia, and Gajah Mada University to conduct a study on the "full impact of U.S. FDI on the Indonesian economy." 

     


OECD

The Business and Industry Advisory Committee (BIAC) formally provides input into the OECD.  Every year BIAC systematically engages over 2100 business representatives from 49 national business organizations from the OECD’s 34 member nations to work together in 37 different policy groups.The United States Council for International Business (USCIB) represents the U.S. business community in this process.  Below are recent submissions from BIAC’s Investment Policy Committee to the OECD. 


UNCTAD

  • UNCTAD Announces Investment Policy Hub
    The Investment Policy Hub is an initiative by the United Nations Conference on Trade and Development (UNCTAD), Division on Investment and Enterprise (DIAE). It provides stakeholders in the field of investment policymaking an interactive platform where they can stay up to date and discuss the latest developments within this area.

  • UNCTAD Releases Periodic Report - October 2015
    The United Nations Conference on Trade and Development (UNCTAD) released a new Investment Policy Monitor periodic report by the UNCTAD Secretariat. The report, published in October, covers the latest in foreign investment policy updates and news, with country by country information, at both the global and national levels.
     
  • UNCTAD Releases Issue Note on ISDS - June 2014
    The United Nations Conference on Trade and Development (UNCTAD) released an IIA information note on the patterns of ISDS activity between the United States and the European Union.  The report lays out a summary of ISDS activity between the US and EU, including the number of cases, diversity of disputes, and the settlements rendered. 
     
  • The most recent annual investment report from the United Nations Conference on Trade and Development, entitled "Global Value Chains: Investment and Trade for Development," provides in-depth analysis on global investment trends, regional trends in FDI, a summary of recent policy developments, and a breakdown of global value chains and their role in today's international economy. Notable highlights include a continued decline in FDI in 2012, as well as a shift in direction as, for the first time ever, developing economies absorbed more FDI than developed countries.  
     

 

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