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The Center for International Environmental Law (CIEL) and the IHRP launched today a new tool to aid NGOs defending the public interest in international investment litigation. The Guide for Potential Amici in International Investment Arbitrations explains when and how NGOs can strategically intervene as amici curiae (friends of the court) in international investment arbitrations. The guide also provides background on why international investment disputes arise, the ways in which human rights can be implicated, and how amicus curiae can bolster human rights in investment disputes.
International investment arbitration is a growing and controversial field of international law, and its importance in Canada is greater than ever. In some cases, the decisions in these cases can have important human rights consequences. However, many human rights and environmental NGOs are strangers to the complex world of investment arbitration and often have limited access to legal counsel. That is why the IHRP and CIEL have partnered to produce a plain-language guide to assist NGOs in advancing public interest interventions at investment arbitrations. The guide hopes to help organizations attain intervener status and maximize the effectiveness of their submissions, all while reducing their legal costs by eliminating the need to consult counsel at every step of the way.
The guide is the result of a collaboration between CIEL and an IHRP working group led by JD students Benjamin Miller, Jennifer Liu, Ramin Wright and Jenny Yoo. Professor David Schneiderman of the Faculty of Law and Marcos Orellana, CIEL Senior Attorney, oversaw the project.