THE NEW GENERATION OF INVESTMENT POLICIES FOR SUSTAINABLE DEVELOPMENT UNCTAD Regional training course for South East Asia Bangkok, 27-31 May 2013
Preliminary programme and logistics note
Hosted by International Institute for Trade and Development
In cooperation with the International Institute for Sustainable Development
for
Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013
A. Background information: development context The recognition of the central contribution made by private investment – including foreign direct investment (FDI) – to economic growth and development, has spurred a rethink and subsequent overhaul of national and international investment policy. Governments, notably in the developing world, aim to proactively harness these policies to achieve optimal growth outcomes. In line with current thinking, this growth aspires to be inclusive and supportive of sustainable development objectives. Significant efforts have already been made by governments in this area, frequently with the support of the international development community through new investment policy frameworks, model international investment treaties and technical assistance Striving to make a constructive contribution to this unfolding process, UNCTAD embarked on a systemic analysis of the universe of national and international policies through the lens of today's key investment policy challenges. This preparatory work identified key investment policy challenges: National policy Integrating investment policy in development strategy Incorporating sustainable development objectives in investment policy Ensuring investment policy relevance and effectiveness International policy Strengthening the development dimension of international investment agreements (IIAs) Balancing rights and obligations of States and investors Managing the systemic complexity of the IIA regime UNCTAD's work culminated in the development of the Investment Policy Framework for Sustainable Development (IPFSD) in 2012. The framework is designed as a tool for policymakers to constructively engage with modern-day investment challenges. It aims to practically link investment policies and broader economic and sustainable development goals by offering policy options from which governments can handpick a suite of instruments appropriate for their unique national circumstances. UNCTAD also has available a broad spectrum of additional resources for capacity-building and technical 2
Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013 assistance to complement the IPFSD policy toolkit, should governments require further guidance. The UNCTAD Secretariat has for many years organized national and regional capacitybuilding activities in the area of national and international investment policymaking. As part of these activities, and following the publication of the IPFSD, a new series of training courses has been launched under the banner A New Generation of Investment Policies for Sustainable Development. The course is essentially aimed at operationalizing the IPFSD. The course commences with an overview of the IPFSD as a tool offering concrete options to leverage national and international investment policy for sustainable development and inclusive growth. The relevance of the policy framework is contextualized through a presentation of the investment policy-related challenges specific to the region. Module II features and discusses key concepts related to foreign direct investment (FDI) embedded in international investment agreements (IIAs) and Investor-State Dispute Settlement (ISDS) that have direct impact on sustainability and development. Module III focuses then on the national dimension of investment related policies, how they are linked to the international dimension and the imperative of policy coherence at all levels while aligned with sustainable development goals. The course will practically guide participants how to strengthen the development dimension of national policies and IIAs, through the use of IPFSD's goal-precise policy options. In the IIA context, course participants will be sensitized to the need for a more appropriate balance between investor rights and obligations, and the inclusion of corporate social responsibility principles in future treaties. Participants will engage with strategies to safeguard policy space and facilitate greater coherence between investment and other public policies such as those addressing labor, health and environmental issues. Presentations will be complemented by case studies, group discussion and exercises, with the aim to make this an interactive, practical and stimulating experience for participants.
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Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013
B. Preliminary programme Day1
Cezanne-Renoir room 4th floor Monday 27 May
10:00 - 12:00
Setting the pace: registration and informal meeting for introduction of the training programme and individual presentations of participants and facilitators.
12.00 - 13.30
Lunch break
13:30 - 14:00
Opening Ceremony and welcome addresses: High level national and regional representatives (ITD) Ms. Natalia Guerra de Arias , Senior Capacity-building Coordinator, Investment Policy Framework for Sustainable Development (IPFSD), UNCTAD Ms. Nathalie Bernasconi, Program Leader and Senior International Lawyer, Head Investment Programme, International Institute for Sustainable Development (IISD)
Module I: Towards a New Generation of Investment Policies for Sustainable Development 14:00 - 15:00
World Investment Report 2012: Towards a New Generation of Investment Policies for Sustainable Development Ms. Natalia Guerra de Arias, UNCTAD Q&As Coffee-break (15:00 - 15:30)
15:30 - 17:00
Investment policy issues in South East Asia Moderator: Dr. Watcharas Leelawath, Deputy Executive Director, International Institute for Trade and Development (ITD) Panelists: Ms. Nathalie Bernasconi, IISD Mr. Chokedee Kaewsang , Deputy Secretary General, Board of Investment of Thailand Ms. Natalia Guerra de Arias, UNCTAD Discussant: Ms. Marit NILSES , Economic Affairs Officer, United Nations Economic and Social Commission for Asia and the Pacific (ESCAP)
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Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013
Day 2
Baudelaire room, B 1 Tuesday 28 May
Module II: International Dimension of Investment Policies Tuesday 28 May 09:00 - 10:00
Global and Regional trends of the International Investment Agreements (IIAs) Ms. Natalia Guerra de Arias, UNCTAD Q&As
10:00 - 11:00
Scope and definition of Investment and Investor Ms. Nathalie Bernasconi, Program leader and senior international lawyer, IISD Q&As Coffee break (11:00 – 11:30)
11:30 - 12:30
Expropriation Mr. Jonathan Bonnitcha, London School of Economics & IISD consultant Q&A
12:30 - 13:30
Lunch break
13:30 - 15:00
National and Most Favoured Nation Treatment, including pre-establishment rights Mr. Nathalie Bernasconi, Program leader and senior international lawyer, IISD Coffee-break (15.00 - 15:30)
15:30 - 17:00
Minimum standard of treatment and Fair and Equitable Treatment (FET) Mr. Jonathan Bonnitcha, London School of Economics and IISD consultant Q&As
18:30 - 22.00
Reception Dinner Baudelaire room, B 1
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Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013 Day 3
Cezanne-Renoir room Module II: International Dimension of Investment Policies (cont.) Wednesday 29 May
09:00 - 9:30
Investor-State dispute settlement: global trends and developments Ms. Natalia Guerra de Arias, UNCTAD Q&As
9:00 - 10:30
Investor-State dispute settlement: the mechanisms Mr. Jonathan Bonnitcha, London School of Economics & IISD Consultant Q&As Coffee-break (10:30 – 11:00)
11:00 - 12:30
Challenges for developing countries facing disputes Nathalie Bernasconi, , Program leader and senior international lawyer, IISD Briefing by participant Ms. Sigy Vaidhyan, India Short case studies and discussion
12:30 - 13:30
Lunch break
Day 3 pm
Module III: National dimension of Investment Policies
13:30 - 16:00
Recent trends in national investment policymaking Ms. Natalia Guerra de Arias & Milasoa Chérel-Robson, UNCTAD Q&As Coffee-break (14:30 - 15:00) Briefing by participants on their national experience: Indonesia, Malaysia, Cambodia, and Thailand - Thematic discussion facilitated by UNCTAD (see section C for details)
15:30 - 17:00
Principles for Responsible Agriculture Investment (PRAI) Ms. Milasoa Chérel-Robson, Economic Affairs Officer, UNCTAD Thematic discussion facilitated by UNCTAD (see section C for details)
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Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013
Day 4
Module III: National dimension of Investment Policies (cont.) Thursday 30 May
09:00 - 11:30
Investment policy review and FDI impact analysis: the Investment Policy Review Framework and impact measurement based on IPFSD Ms. Milasoa Chérel-Robson, UNCTAD Q&As Briefings by participants on their national experience: Philippines, Myanmar, Singapore, Laos Salient features of the legal and regulatory framework for investment Estimated impact of FDI on development Thematic discussion facilitated by UNCTAD (see section C for details) Coffee-break (10:30 – 11:00)
11:30 - 12:30
Investor targeting for sustainable development, including dispute prevention and alternative dispute resolution mechanisms. Ms. Natalia Guerra, UNCTAD Q&As
12:30 - 13:30
Lunch break
13:30 - 16:00
Viet Nam case study: UNCTAD’s comprehensive approach from IPR to implementation through EMPRETEC and e-Regulations Ms. Milasoa Chérel-Robson, UNCTAD Q&As Thematic discussion facilitated by UNCTAD (see section C for details) Coffee-break (14:30 - 15:00)
16:00 - 17:00
Investor targeting for sustainable development, including dispute prevention and alternative dispute resolution mechanisms. (cont.) Ms. Natalia Guerra, UNCTAD Q&As
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Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013 Day 5
The way forward Friday 31 May
09:00 - 10:30
Issues on the Horizon: Ensuring policy space, investor responsibilities, institutional reform, IISD Coffee break (10300 – 11:00)
11:00 - 12:30
Wrap up discussion and evaluation of the workshop: How to ensure that investment policy making at national and international level pursues sustainable development goals? UNCTAD, ITD and IISD
12:30 - 13:30
Farewell lunch
13:30 - 14:30
Closing ceremony and hand out of participation certificates
C. Information on Thematic discussions The thematic sessions will be conducted with three objectives in mind. The first objective is to inform participants of the latest trends in national investment policy-making both at the national and sectoral levels. The second objective is to offer insights into UNCTAD’s methodologies in conducting Investment Policy Reviews and investment related capacity-building. The third objective is to stimulate knowledge sharing among participants with a view to generate new perspectives that would contribute to the workshop’s value-addition. To achieve the latter objective, all participants are encouraged to prepare short briefings on their country experiences (PowerPoint presentations are NOT necessary). The suggested allocation of topics was done based on the profiles of the countries participating in the workshop. Thematic questions are also laid out so as to provide alternative guides to discussion.
Recent trends in national investment policymaking Natalia Guerra de Arias and Milasoa Chérel-Robson, UNCTAD Q&As Briefings by participants on their national experience: Indonesia, Malaysia, Cambodia, and Thailand Thematic discussion facilitated by UNCTAD 8
Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013 1. Reactions to the country briefings 2. What are the most recent changes in investment policy and what is the expected result in your view? 3. What elements of the recent trends described during the first presentation did you find relevant to your country’s circumstances and why? 4. What elements of the country briefings did you find relevant to your country’s circumstances and why?
Investment policy review and FDI impact analysis: the Investment Policy Review Framework and impact measurement based on IPFSD Milasoa Chérel-Robson, UNCTAD Q&As Briefings by participants on their national experience: Philippines, Myanmar, Singapore and Laos Salient features of the legal and regulatory framework for investment Estimated impact of FDI on development
Thematic discussion facilitated by UNCTAD 1. Reactions to the country briefings 2. In light of some of the key principles listed in the IPFSD, discuss the pros and cons of jointventures between foreign investors and domestic companies and other restrictions to FDI 3. Briefly describe the system for investment related statistical data collection in your country. To what extent would it allow for the measurement of the impact of investment policies and if not what challenges would there be?
Principles for Responsible Agriculture Investment (PRAI) Milasoa Chérel-Robson, UNCTAD Q&As Thematic discussion facilitated by UNCTAD 1. Reactions to PRAI preliminary findings 2. For country recipients of FDI in agriculture: what are the pros and cons of FDI in agriculture? 3. For country sources of FDI in agriculture: what is the perspective of investors on host 9
Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013 countries’ investment policies?
Viet Nam case study: UNCTAD’s comprehensive approach from IPR to implementation through EMPRETEC and e-Regulations Milasoa Chérel-Robson and Natalia Guerra de Arias, UNCTAD Q&As Briefing on recent changes to e-regulations by Vietnam Thematic discussion facilitated by UNCTAD 1. 2. 3. 4.
Reactions to the country presentation What are the main features of enterprise development in your country? Are there any platforms for public-private dialogue? Describe their roles if any. Discuss the importance of improving transparency in investment related measures?
For the last day discussions, The Way Forward, participants should prepare a brief general comment indicating what are they taking home as policymaking advice/advocacy or insights that will enhance their daily performance, together with ideas on follow up ideas, for example, how the exercise can be somehow replicated by participants at home.
D. Facilitators Bio notes Nathalie Bernasconi-Osterwalder is a senior international lawyer and heads the Investment Program of the International Institute on Sustainable Development (IISD). In this role, she has advised over 20 developing country governments across Africa, Asia and Latin America in relation to bilateral and regional investment treaty negotiations, investorstate contracts, model investment treaties and foreign investment laws. Ms Bernasconi has extensive legal, policy, and training experience in the area of international trade, investment, sustainable development, human rights, international environmental law and arbitration. She previously worked as an attorney at the Center for International Environmental Law in Washington and Geneva, where she also managed the office. For several years Ms Bernasconi worked in Hanoi, Vietnam, for a legal reform project of the United Nations Development Programme (UNDP) and for the Australian law firm Phillips Fox. In Switzerland Ms. Bernasconi is admitted to the Bar of Basel and has worked for the Justice Department, Berne, in the Section for International Law. 10
Regional training workshop for South East Asia: New Generation of Investment Policy for Sustainable Development Novotel Siam square Bangkok, 27-31 May 2013
Jonathan Bonnitcha is the ESRC Postdoctoral Fellow in International Investment Law at the London School of Economics and a consultant to IISD. He has worked on several investment treaty arbitrations, both in private practice and as a government lawyer, and has also advised governments on the drafting of investment treaties. He has published several articles on foreign investment, most recently an article on the economics of investment treaties in the Yearbook on International Investment Law & Policy. He holds a PhD in law from Oxford University as well as undergraduate degrees in both law and economics from the University of Sydney.
Milasoa Chérel-Robson is an Economist in the Investment Policy Review Section (IPR) of the Investment and Enterprise Division at UNCTAD. She was previously with the Africa and Least Developed Countries Division and with the Special Unit on Commodities at UNCTAD. Milasoa holds an MA in International Economics and a PhD from the University of Sussex in the United Kingdom.
Natalia Guerra de Arias is a Senior Economic Affairs officer at UNCTAD currently in charge of the capacity-building programme associated with UNCTAD's Investment Policy Framework for Sustainable Development (IPFSD). She has 20 years of experience in the area of foreign investment promotion, of which 7 with the national investment promotion agency of Venezuela and 13 with UNCTAD. She has advised over 15 Governments and coordinated and delivered training for over 500 government officials. She is an Economist from the Central University of Venezuela with post graduate studies in Government and Public Polices and holds an MSc in Investment Promotion for Economic Development from the Edinburgh Napier University.
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