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1. Primer on International Investment Treaties and Investor-State Dispute Settlement

Author:
Columbia Centre on Sustainable Investment
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
What is Foreign Direct Investment (FDI)? FDI occurs when an individual or corporation in one country (“home state”) sets up or buys all or a significant part of a company that is incorporated in a different country (“host state”). Companies invest abroad to access land-based resources including mining, more affordable labour for instance in manufacturing, and new markets, among other reasons. Many countries seek to attract FDI in order to realize benefits in the form of tax revenues, technology transfer, jobs, and other economic linkages. The images below illustrate the concept of FDI, as well as some of the sectors and industries into which it flows.
Topic:
International Cooperation, Foreign Direct Investment, Investment, and Public-Private Partnership
Political Geography:
Global Focus

2. Unlocking the Power of Reformers to Achieve Better Progress on Extractives Governance

Author:
Columbia Centre on Sustainable Investment
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
This project arose out of conversations over the past few years between CCSI staff and high-level officials in extractive industry (EI) ministries in Africa, the Cauca- sus, and Latin America. After describing the need for an array of genuine reforms in the governance of their re- spective countries’ energy and mining sectors, these of- ficials expressed their frustration at the resistance they encountered from within their own government when pushing for reform. These pressures come from above and below.
Topic:
Politics, Governance, Reform, Sustainability, and Progressivism
Political Geography:
Global Focus

3. PLUS Politics: Tackling the EIA Impact Gap

Author:
Columbia Centre on Sustainable Investment
Publication Date:
02-2022
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
Oil, gas, and mining projects can be profoundly disruptive to lives and livelihoods and damaging to air, water, soil, and vegetation. Evidence of this abounds across the world, from the Niger Delta and the Gulf of Mexico to Brumadinho, Brazil, and Porgera, Papua New Guinea. Understanding and addressing the social and environmental repercussions of EI development projects is crucial for avoiding or effectively managing such negative outcomes and fostering sustainable development. To date, environmental impact assessment (EIA) processes have been the cornerstone of efforts to identify and address social and environmental impacts of proposed development projects, including extractive industry projects and associated infrastructure. In practice, however, crucial aspects of these processes — the production of EIAs, consultations around the findings and implications of reports, and the actual use of the content of reports to inform key project decisions — are at times considerably distorted by power and incentive dynamics rooted in the political economy of a given context. The result is too often watered-down “box-ticking” exercises in which the impact of the EIA process on actual social and environmental protection can be greatly reduced. Technocratic approaches that emphasize best practices and capacity will not improve the performance of EIA processes on their own. Politically savvy approaches are needed to address the political challenges associated with EIAs, as even the most technically sound and capacitated EIA processes can be derailed by political factors. This brief is based on a longer chapter on the topic produced for a United Nations Environment Programme (UNEP) publication on development corridors.1 It aims to present the gaps between various aspects of the theory and practice of EIAs, explore some of the ways in which political factors may be contributing to these gaps, and suggest how future work on social and environmental protection and management might better account for political context in hopes of achieving greater impact.
Topic:
Climate Change, Energy Policy, Environment, Oil, Natural Resources, Gas, and Mining
Political Geography:
Global Focus

4. Fixing the Business of Food: Aligning Food Company Practices with the SDGs

Author:
Columbia Centre on Sustainable Investment
Publication Date:
09-2021
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
The world food system is in crisis, which is why UN Secretary-General Antonio Guterres convened a UN World Food System Summit at UN Headquarters on September 23, 2021. The crisis is really a complex set of crises,
Topic:
Poverty, Food, Food Security, Sustainability, and Dietary Habits
Political Geography:
Global Focus

5. Getting From Ideas to Reality: Building Political Support to Translate Good Ideas Into Actual Practice

Author:
Columbia Centre on Sustainable Investment
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
While many actors within government wish to advance more responsible approaches to land-based investment, there are often political barriers for bringing law and policy proposals to fruition and translating those ideas into practice. This primer focuses on how government officials can improve the governance and practice of responsible land-based investment by building stronger political support. This is especially important given that government champions or "reformers" frequently interact with peers or superiors who have differing and sometimes opposing interests. The primer outlines strategic approaches which champions within government can take to improve the chances that their ideas are implemented, and examples of how the approaches could look or proceed in reality.
Topic:
Politics, Governance, Reform, and Land
Political Geography:
Global Focus

6. Governing Land Investments: Do Governments Have Legal Support Gaps?

Author:
Columbia Centre on Sustainable Investment
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
In the wave of efforts to encourage and support more “responsible” land investments, one aspect has been largely overlooked: are governments equipped with the legal and technical support needed to effectively negotiate and conclude investment contracts that lead to responsible outcomes? CCSI researched how host governments access legal support in the planning, negotiation, and monitoring of land investments, with a view to better understanding where legal support gaps for governments exist, and how these can be addressed by governments themselves, as well as by donors, support providers and investors. By scrutinizing “legal support gaps,” CCSI sought to identify possible weak links in global and national efforts to achieve more responsible land investments, as well as opportunities to encourage better practice. For example, legal support holds the potential—albeit not yet regularly realized—to be an entry point for incorporating international best practice and guidelines into negotiations and at other stages of the investment. The report also takes stock of how governments are negotiating and concluding land investments in practice, to determine where additional legal support could potentially improve outcomes for governments.
Topic:
Science and Technology, Governance, and Land
Political Geography:
Global Focus

7. The Role of IPAs in Advancing Sustainable Development

Author:
Columbia Centre on Sustainable Investment
Publication Date:
11-2017
Content Type:
Working Paper
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
Every year the World Association of Investment Promotion Agencies (WAIPA) surveys its members. This survey, conducted in 2017, polled over 90 agencies on numerous aspect
Topic:
International Political Economy and International Trade and Finance
Political Geography:
Global Focus

8. Green Foreign Direct Investment In Developing Countries

Author:
Columbia Centre on Sustainable Investment
Publication Date:
10-2017
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
The message is by now clear: our global economy must be fundamentally reoriented and redeployed in order to achieve the SDGs and the commitments of the Paris Climate Agreement. This requires action by all stakeholders, including non-financial and financial firms, debt and equity investors, government policymakers, and consumers. In terms of the amount of money required, it has been estimated that meeting the SDGs will require $5 to $7 trillion annually, with investment needs for developing countries amounting to roughly $3.3 to $4.5 trillion per year. While a big picture view of and strategic thinking regarding the entire economic ecosystem is necessary to generate such investments, this paper, produced in conjunction with the UN Inquiry into the Design of a Sustainable Financial System, focuses on the actual and potential role of one type of financial flow—FDI—in achieving the transition to a low-carbon, just and sustainable world and, more specifically, FDI flows into developing countries.
Topic:
International Political Economy and Climate Finance
Political Geography:
Global Focus

9. Designing a Legal Regime to Capture Capital Gains Tax on Indirect Transfers of Mineral and Petroleum Rights: A Practical Guide

Author:
Columbia Centre on Sustainable Investment
Publication Date:
10-2017
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
When a local asset (or a right relating to such asset) is sold, a country will generally have jurisdiction to levy a capital gains tax on the sale, both under domestic law and international treaty. This is called taxation of a “direct” transfer of a local asset. However, taxation becomes increasingly complicated when a company located offshore owns the local asset. Further difficulties arise when the local asset is held by a chain of corporations located in tax havens. An “indirect” transfer occurs when the shares of the domestic subsidiary, the shares of the foreign company with a branch in the country, or the shares of the holding company are sold, instead of the asset.
Topic:
International Political Economy
Political Geography:
Global Focus

10. Guide to Land Contracts: Forestry Projects

Author:
Columbia Centre on Sustainable Investment
Publication Date:
10-2017
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
Agricultural investment contracts and forestry projects can be complex, with complicated provisions that are difficult to understand. To assist non-lawyers in better understanding agricultural investment contracts, such as those available on OpenLandContracts.org, CCSI has developed a Guide to Land Contracts: Forestry Projects. This Guide, prepared by International Senior Lawyers Project staff and volunteers in collaboration with the Columbia Center on Sustainable Investment, aims to assist OpenLandContracts.org users in unpacking the technical provisions and language typically found in forestry contracts in order to better understand the contracts and the potential implications of specific provisions across a range of stakeholder interests.
Topic:
International Affairs and Landpower
Political Geography:
Global Focus