Introduction

This paper attempts to identify model treaty language for international investment agreements, with the particular goal of rethinking the Investor-State Dispute Settlement (ISDS) regime. Since IISD's 2004 model investment agreement, and informed by UNCTAD's Investment Policy Framework for Sustainable Development and the COMESA Common Investment Area Agreement, a movement toward incorporating sustainable development into investment treaty language is emerging. In addition, many arbitral tribunals have rendered awards that give states further insight into what provisions they could safely ...