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1. 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

2. 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

3. 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

4. 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

5. 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

6. A Collaborative Approach to Human Rights Impact Assessments

Author:
Columbia Centre on Sustainable Investment
Publication Date:
09-2017
Content Type:
Commentary and Analysis
Institution:
Columbia Center on Sustainable Investment
Abstract:
This discussion paper, co-authored with the Danish Institute for Human Rights and the Sciences Po Law School Clinic, proposes a new approach to conducting human rights impact assessments (HRIAs) of business operations or projects, which brings together project-affected people, the company, and other stakeholders to jointly design and implement an assessment. The aim of this new approach is to address one of the key challenges of current HRIA practices: the limited engagement and participation of relevant stakeholders, which can undermine effectiveness and trust.
Topic:
Human Rights and International Affairs
Political Geography:
Global Focus

7. Conference Report: Climate Change and Sustainable Investment in Natural Resources: From Consensus to Action

Author:
Columbia Centre on Sustainable Investment
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
A conference report on CCSI’s Conference on “Climate Change and Sustainable Investment in Natural Resources: From Consensus to Action” is available here, and a shorter outcome document , which was disseminated at COP22, is available here. These documents summarize the discussions at the eleventh annual Columbia International Investment Conference, which took place on November 2-3, 2016, at Columbia University. The Conference offered a high-level opportunity to discuss how countries can reduce their greenhouse gas emissions in accordance with the Paris Agreement, while also advancing the Sustainable Development Goals, and in particular the important implications for the world’s approach to natural resource investments. It featured leaders from government, the private sector, civil society, and academia, and brought together nearly 400 participants. In the lead-up to the Conference, CCSI also published a Blog Series on the Earth Institute’s State of the Planet Blog.
Topic:
Climate Change and International Political Economy
Political Geography:
Global Focus

8. Outcome Report of Workshop on International Investment and the Rights of Indigenous Peoples

Author:
Columbia Centre on Sustainable Investment
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
On May 12, 2016, the United Nations (UN) Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, and the Columbia Center on Sustainable Investment hosted a one-day workshop on international investment and the rights of indigenous peoples. This outcome document synthesizes the discussions that took place during the May 12 workshop. The workshop was part of a series of consultations undertaken to support the Special Rapporteur’s second thematic analysis on the impact of international investment agreements on the rights of indigenous peoples (available here). Held at the Ford Foundation in New York, the workshop brought together 53 academics, practitioners, indigenous representatives, and civil society representatives to explore strategies for strengthening the rights and interests of indigenous peoples in the context of international investment. The workshop provided an opportunity for participants to share their diverse perspectives, experiences, and insights regarding the intersection of international investment and human rights, and to discuss creative and pragmatic approaches to short and long-term reform of both the investment and human rights regimes, with the ultimate goal of ensuring that indigenous rights are respected, protected, and fulfilled.
Topic:
International Relations, Human Rights, and Post Colonialism
Political Geography:
Global Focus

9. Space for Local Content Policies and Strategies

Author:
Columbia Centre on Sustainable Investment
Publication Date:
10-2016
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
This paper explores both the role that local content measures can play in advancing sustainable development, and the impact that trade and investment treaties concluded over the past 20 years have had and will continue to have on the ability of governments to employ those tools. Certain local content measures had been restricted under the WTO due to wide agreement by negotiating parties that their costs outweigh their benefits. But the WTO also left a number of local content measures in governments’ policy toolboxes. As is discussed in this paper, however, that is changing, with the range of permissible actions for many countries being significantly smaller than it was even a decade ago. This narrowed policy space, in turn, can limit the steps governments can take to make progress on the universally adopted Sustainable Development Goals.
Topic:
International Trade and Finance and International Affairs
Political Geography:
Global Focus

10. Mapping Mining to the Sustainable Development Goals: An Atlas

Author:
Columbia Centre on Sustainable Investment
Publication Date:
11-2016
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
CCSI has been working with the World Economic Forum, United Nations Development Programme (UNDP), and the UN Sustainable Development Solutions Network (SDSN) to create a shared understanding of how the mining industry can most effectively contribute to the SDGs. The report will help mining companies navigate where their activities – from exploration, through operations and mine closure – can help the world achieve the SDGs. Governments, civil society and other stakeholders can also identify opportunities for shared action and partnership with the industry.
Topic:
International Development
Political Geography:
Global Focus