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Begin New Search Publishing Institution Columbia Center on Sustainable Investment Publication Year within 10 Years

1. A Review of Sierra Leone’s Mines and Minerals Act

Author:
Tehtena Mebratu-Tsegaye, Perrine Toledano, and Sophie Thomashusen
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
With the support of Oxfam, the Columbia Center on Sustainable Investment reviewed select provisions in the Mines and Minerals Act 2009 and corresponding policy statements from the Minerals Policy 2018 to provide recommendations for how to best align the anticipated new mining law with international best practice. The 2009 law was reviewed with a focus on the following topics: • Fiscal regime; • Climate change; • Access to and use of land; • Community consultations and participation; • Human rights; and • Community development agreements.
Topic:
Climate Change, Human Rights, Natural Resources, Mining, Land, Sustainability, and Community
Political Geography:
Africa, West Africa, and Sierra Leone

2. How International Oil Companies Could Assist Greece to Achieve the Sustainable Development Goals: A Conversation Starter

Author:
Alexandra Sdoukou, Andrea Tornaritis, and Perrine Toledano
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
This policy paper wishes to be a timely contribution towards a fruitful debate among stakeholders; it urges International Oil Companies (IOCs) to examine how the critical Sustainable Development Goals (SDGs) for Greece can be integrated into their core business so that the oil and gas industry can contribute to the country’s sustainable growth.
Topic:
Energy Policy, International Cooperation, Oil, Natural Resources, Gas, and Sustainable Development Goals
Political Geography:
Europe, Greece, and Mediterranean

3. Human Rights Law and the Investment Treaty Regime

Author:
Jesse Coleman, Kaitlin Y. Cordes, and Lise Johnson
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights. Investment treaty standards enforced through investor-state arbitration risk adversely affecting access to justice for project-affected rights holders. More broadly, the regime contributes to a system of global economic governance that elevates and rewards investors’ actions and expectations, irrespective of whether they have adhered to their responsibilities to respect human rights. Without comprehensive reform, investment treaties and investor-state arbitration will continue to interfere with realization of human rights and broader public interest objectives. This Chapter provides an overview of the interaction between human rights law and the investment treaty regime. It highlights the challenges that arise from tension between international human rights and investment norms, including the impact of the investment regime on the ability of host states to regulate and on access to justice for investment-affected rights holders. The chapter also explores whether and how human rights issues have been addressed by the investment regime to date, highlighting recent developments in treaty drafting practice and responses to human rights argumentation by investment tribunals. It notes the shortcomings of current approaches, and concludes by briefly setting out options for reform.
Topic:
Government, Human Rights, Treaties and Agreements, Reform, and Investment
Political Geography:
Global Focus

4. Innovative Financing Solutions for Community Support in the Context of Land Investments

Author:
Sam Szoke-Burke and Kaitlin Y. Cordes
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit from investments. A lack of community support can also lead to conflict and challenges that are damaging for companies and host governments. Donors and support providers have found ways to finance support for communities, but such efforts can only extend so far. Promising new opportunities exist for filling the financing gap, yet they will require sustained efforts by a range of actors. This report presents a call to action to help communities secure the support they so crucially need. The report explores options for tapping new funding sources for community support. These include: Government marshaling of funding from companies and others, through taxes, fees, and penalties Basket funds, operated by independent, trusted entities and funded by contributions from multiple actors Market-based impact investments and social impact bonds Direct company funding Third party funding Other solutions for increasing funding or reducing costs, including crowdfunding, generating profits from social enterprises, affordable user fees or in-kind services, contingency and uplift fees, and court-ordered fee shifting. The report also presents overarching considerations for developing a new financing initiative. These include: the initiative’s likely cost, efficiency and financial sustainability, political complexity and obstacles, political economy implications, the importance of strong governance mechanisms, and the logistics required to link funding, communities and support providers.
Topic:
Agriculture, Human Rights, Natural Resources, Investment, and Land
Political Geography:
Global Focus

5. Outcome Report on the Climate Crisis, Global Land Use and Human Rights Conference

Author:
Mateusz Kasprowicz, Sam Szoke-Burke, and Kaitlin Y. Cordes
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
On September 27th, the Columbia Center on Sustainable Investment (CCSI), the Sabin Center for Climate Change Law, Landesa, the New York City Bar Association International Environmental Law Committee, and Wake Forest Law School hosted a day-long conference on the intersection between land use, the climate crisis and clean energy transition, and human rights. Held at the Ford Foundation Center for Social Justice, the conference brought together individuals from civil society organizations, governments, and academia, as well as lawyers, climate scientists, land-rights experts, indigenous representatives and other stakeholder groups. The panelists analyzed the critical role that land plays in achieving climate solutions, the degree to which climate change may reshape regional abilities to support sustainable ecosystems, and the ways in which these land and climate interactions might affect land rights, human rights, and achievement of the Sustainable Development Goals.
Topic:
Climate Change, Energy Policy, Human Rights, and Sustainable Development Goals
Political Geography:
Global Focus

6. Linkages to the Mining Sector in Colombia

Author:
Columbia Centre on Sustainable Investment
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
At the request of the Colombian Government and with the support of GIZ, CCSI prepared a policy brief focused on linkages from the mining sector in Colombia. The brief gives an overview of existing regulatory requirements, government policies and company programs to foster economic and infrastructure linkages. Based on the findings, the brief provides suggestions for next steps if the government is to develop a more comprehensive linkage creation program.
Topic:
Natural Resources, Infrastructure, Governance, Regulation, and Mining
Political Geography:
Colombia and South America

7. Resourcing Green Technologies through Smart Mineral Enterprise Development

Author:
Salem Ali, Perrine Toledano, Nicolas Maennling, Nathaniel Hoffman, and Lola Aganga
Publication Date:
02-2018
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
Much has been written in recent years about the urgency to develop new technologies that meet ambitious targets for more efficient energy infrastructure with reduced reliance on fossil fuels. There has also been growing recognition that mineral scarcity can hamper the speed of key technologies being developed. The dominance of China as a global supplier of many technology minerals and the Chinese government’s ability to constrain supply has led to a focus on the international trade dimensions of the challenge. The United States, Japan, the European Union and South Korea have all been keenly focused on securing mineral supply for their domestic industries through a range of initiatives. These efforts have included the World Trade Organization dispute resolution mechanism; research investment in alternative and more widely available materials where possible; and considering strategic stockpiles of minerals from internal sources that harken back to Cold War era strategies for material security. In this report, we argue that a neglected area in addressing the mineral scarcity challenge is the private sector’s current trajectory for geological mineral exploration of key minerals and innovative initiatives on material efficiency and recycling where possible. We term this approach Smart Mineral Enterprise Development (SMED) which entails a partnership between public and private entities to consider pathways whereby public sector data sharing on geology can be coupled with research innovations in the private sector both upstream and downstream of mineral supply. Just as smart energy grids harness efficiencies in electricity supply and demand through a dynamic process of communication, SMED processes can do the same for key technological bottlenecks in mineral supply. We focus on cobalt to highlight the bottlenecks; identify alternative supply sources based on current exploration and recycling technologies; propose ways in which the international legal framework could be adapted to promote investments in critical minerals; and consider ways by which the public sector can assist the private sector in developing a SMED process that would bring forth more efficient and effective entrepreneurial activity to meet our green technology needs.
Topic:
Climate Change, Energy Policy, Science and Technology, Natural Resources, European Union, Green Technology, and Electricity
Political Geography:
United States, China, Europe, Asia, and South Korea

8. 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

9. Costs and Benefits of Investment Treaties: Practical Considerations for States

Author:
Lisa Sachs, Lise Johnson, Brooke Güven, and Jesse Coleman
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.
Topic:
Treaties and Agreements, Law, Legal Theory, and Investment
Political Geography:
Global Focus

10. Clearing the Path: Withdrawal of Consent and Termination as Next Steps for Reforming International Investment Law

Author:
Lise Johnson, Lisa Sachs, Brooke Güven, and Jesse Coleman
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
This is a crucial moment in international investment policymaking. Two factors have converged, calling for a new direction. First, it has become increasingly difficult to justify investor-state dispute settlement (ISDS); even governments that had been among its strongest proponents are now changing course and have raised a range of fundamental, systemic and inter-related issues relating to ISDS. Second, policy makers and other stakeholders have a greater awareness of the need to design appropriate policies to maximize the contributions cross-border investment can make to sustainable development. Influenced by these factors, various reform efforts related to investment policy are underway at the national, regional, and international levels. These discussions about reform are likely to be slow, and outcomes uncertain. In the meantime, governments and their stakeholders remain tied to an outdated system that is widely acknowledged to be ill-suited for modern investment policy objectives, with increasingly concerning consequences. This policy paper explores two near-term options that governments engaged in reform discussions can pursue, alongside longer-term work on substantive and procedural reform. These options are: (1) a joint instrument on withdrawal of consent to arbitrate; and/or (2) a joint instrument on termination. The paper examines how both options could be implemented, and makes the case for putting a pause on ISDS to ensure that investment treaties and their dispute settlement mechanisms achieve their desired ends, produce legitimate decisions, and do not undermine international economic cooperation and sustainable development more broadly.
Topic:
International Cooperation, Regional Cooperation, Governance, Reform, Policy Implementation, and Investment
Political Geography:
Global Focus