18-20 DECEMBER 2018 CASABLANCA, MOROCCO

ENHANCING REGIONAL APPROACHES TO INVESTMENT PROTECTION AND FACILITATION FOR SUSTAINABLE DEVELOPMENT

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Casablanca, 18 – 20 December 2018

Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018
Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018 Conference in Casablanca, 18-20 December 2018

Highlight

International investment rulemaking is increasingly being formulated as part of regional and inter-regional investment agreements involving more than two parties. This trend is especially pronounced in Africa with the investment negotiations of the African Continental Free Trade Agreement (AfCFTA); the Tripartite COMESA-EAC-SADC FTA; and the update of the COMESA Common Investment Agreement (CCIA). These are in addition to existing instruments and agreements such as the Pan African Investment Code (PAIC) (2016), developed under the auspices of the African Union; the SADC Finance and Investment protocol (2016); and the Arab Investment Agreement (1980). Other inter-regional agreements involving African countries include the 1981 Organisation of Islamic Cooperation (OIC) Investment Agreement. This is in addition to the various Economic Partnership Agreements (EPAs) concluded between the EU and African regional groups that include investment related provisions.

Regional and inter-regional investment treatymaking can bring challenges and opportunities:

- It can lead to a multiplication of treaty layers, making the network of international obligations even more complex and prone to overlap and inconsistency.
- But it can also provide an opportunity to improve the coherence of the International Investment Agreement (IIA) regime; consolidating and streamlining the IIA network, by e.g replacing outdated Bilateral Investment Treaties (BITs) and making it more aligned to sustainable development objectives.

Moreover, investment facilitation discussions are proliferating at the national, regional and multilateral levels. Although facilitating investment is crucial for growth and sustainable development, national and international investment policies have paid relatively little attention to investment facilitation to date. UNCTAD took a step towards closing this gap, formulating its Global Action Menu for Investment Facilitation. It was based on the organization's rich experience with investment promotion and facilitation efforts worldwide over the past decades, and on the 2012 edition of UNCTAD's Investment Policy Framework, as well as UNCTAD's SDG Investment Action Plan (2014).

The workshop will explore best ways and practices to conclude new regional investment agreements that effectively balance investment protection with investment facilitation and sustainable development objectives and to reform existing and outdated regional investment agreements with a view to strengthen their sustainable development dimension in line with UNCTAD’s Reform Package for the International Investment Regime.

Objective

The regional workshop aims at empowering countries members of the Islamic Development Bank (IsDB) to modernize their existing regional investment agreements and to address their stock of old-generation BITs in line with today’s sustainable development imperative. It will also highlight the importance of investment facilitation policies for sustainable development at the regional level. It will do so by providing participants with knowledge on key issues regarding sustainable development-oriented investment policymaking and by facilitating discussions and exchanges of experiences in this regard.

Target countries

Countries members of the Islamic Development Bank (IsDB)

Selection criteria and participation

The regional workshop is aimed at government officials involved in international investment policy making (IIA negotiators; officials involved in investor-State dispute cases; investment promotion agencies, and national investment policy makers). Successful applicants require endorsement from their governments.

Speakers

- Government officials
- International organizations dealing with investment
- Law firms
- Academia

Facts & Countries Members to the IsDB

Based on UNCTAD IIA Navigator and ISDS Navigator (as of 1 January 2018)

The 10 member states with the highest number of BITs

The 10 member states with the highest participation as respondents in Investor State Dispute Settlement

20

Speakers

Experts in investment policies

3

Days

Event duration

> 30

Countries

Experience exchange

> 60

Participants

Participants

Programme

It is available for download

IPCBAKU.com

Opening session

Welcoming remarks

Ministry of Foreign Affairs, Morocco

Investment and Export Development Agency, Morocco (AMDIE)

United Nations Conference on Trade and Development (UNCTAD)
Hamed El-Kady, Investment Policy Officer, UNCTAD

Islamic Development Bank (IsDB)
Elwalid Hamour, Director, Rabat Regional Hub, IsDB

Coffee Break

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Session 1: FROM BILATERALISM TO REGIONALISM IN INVESTMENT POLICYMAKING

Chair: Patience Okala, Deputy Director & Legal Adviser, Nigerian Investment Promotion Commission (NIPC)

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The regional dimension of IIA reform: ensuring policy coherence for effective consolidation

Hamed El-Kady, Investment Policy Officer, UNCTAD

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Discussion

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How to improve investment climate and competitiveness

Mohamed Kamal, Investment Promotion Specialist, IsDB

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Discussion

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Tackling old generation BITs: how can regionalism help?

Mavluda Sattorova, Senior Lecturer, University of Liverpool

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Discussion

Lunch break

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The rise of investment facilitation discussions at the regional and multilateral levels: implications for Africa

Mustaqeem De Gama, Counselor Economic Affairs, South African Mission to the WTO

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Discussion

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Overview of regional investment initiatives in Africa

Makane Moise Mbengue, Professor of Public International Law, University of Geneva

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Discussion

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SESSION 2: NEW GENERATION REGIONAL APPROACHES TO INVESTMENT POLICYMAKING

Chair: Makane Moise Mbengue, Professor of Public International Law, University of Geneva

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UNCTAD’s Guiding Principles on Investment Policymaking

Hamed El-Kady, Investment Policy Officer, UNCTAD

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Discussion

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Regional investment protection agreements in South-East Europe

Azar Aliyev, Professor of International Economic Law and Comparative Law, Martin Luther University Halle-Wittenberg

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Discussion

Coffee Break

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SADC Protocol on Investment

Suzy Nikièma, International Law Advisor, Economic Law and Policy programme, International Institute on Sustainable Development (IISD)

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Discussion

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The Arab Investment Court and the Arab Investment Agreement

Soaad Hossam, Counselor, Egyptian Ministry of Justice

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Discussion

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The new EU investment policy

Olimpia Barros, Investment negotiator, Directorate-General for Trade, European Commission

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Discussion

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The OIC Investment Protection Agreement

Mouhamadou Madana Kane, Lead Legal Counsel, Islamic Development Bank

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Discussion

Lunch break

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Investment negotiations in the context of the African Continental FTA

Patience Okala, Deputy Director & Legal Adviser, Nigerian Investment Promotion Commission (NIPC)

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Discussion

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The reform of the Investor-state dispute settlement (ISDS)

Ilia Rachkov, Partner at Nektorov, Saveliev & Partners (Russia, Moscow)

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Discussion

Schedule not yet compiled

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SESSION 3: SHARING OF BEST PRACTICES, GROUP INTERACTION AND DISCUSSION

Chair: Hamed El-Kady, Investment Policy Officer, UNCTAD

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Panel discussion: national experience in tackling the existing stock of outdated BITs

Ayedh Al-Otaib, Deputy Governor
Saudi Arabian General Investment Authority (SAGIA), Saudi Arabia

Moataz Hussein
Senior International Investment Agreements Specialist, General Authority For Investment and Free Zones (GAFI), Egypt

Patience Okala, Deputy Director & Legal Adviser
Nigerian Investment Promotion Commission (NIPC)

Mustaqeem De Gama
Counselor Economic Affairs, South African Mission to the WTO

Abdou El Azizi, Chief of services
American relations, Ministry of Economy and finance. Morocco

Ahmad Mousa Aljaghbeer
Legal Advisor, the Secretary General office, The Supreme Legislation Committee in the Emirate of Dubai. United Arab Emirates

Abdoulaye Ly
Director Investment Promotion Department, Investment Promotion Ministry, Senegal

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Group Discussion

Lunch break

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Wrap-up session

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Closing Remarks and Workshop Recommendations

Hamed El-Kady
Investment Policy Officer, UNCTAD

Elwalid Hamour
Director, Rabat Regional Office, IsDB

Schedule not yet compiled

Speakers

Mr. Azar Aliyev

Mr. Azar AliyevBio

Professor of International Economic Law and Comparative Law, Martin Luther University Halle-Wittenberg

Mr. Ahmad Mousa Aljaghbeer

Mr. Ahmad Mousa AljaghbeerBio

Legal Advisor, the Secretary General office, the Supreme Legislation Committee in the Emirate of Dubai
Dr. Ayedh Hadi AlOtaibi

Dr. Ayedh Hadi AlOtaibiBio

Deputy Governor for Investment Climate, Saudi Arabian General Investment Authority (SAGIA)

Mr. Hasan Aslan Akpinar

Mr. Hasan Aslan AkpinarBio

Head of Department of International Affairs Ministry of Economy, Turkey

Ms. Maria Olimpia Barros Pinto

Ms. Maria Olimpia Barros PintoBio

Investment negotiator, Directorate-General for Trade, European Commission

Ms. Nathalie Bernasconi

Ms. Nathalie BernasconiBio

Head, Economic Law and Policy programme, International Institute on Sustainable Development (IISD)
Mr. Mustaqeem De Gama

Mr. Mustaqeem De GamaBio

Counselor Economic Affairs, South African Mission to the WTO

Mr. Abdou El Azizi

Mr. Abdou El AziziBio

Chief of services, American relations, Ministry of Economy and finance, Morocco

Mr. Hamed El-Kady

Mr. Hamed El-KadyBio

International Investment Policy Officer, Division of Investment and Enterprise, UNCTAD

Mr. Elwalid Hamour

Mr. Elwalid HamourBio

Director, Rabat Regional Hub, IsDB
Ms. Sooad Hossam

Ms. Soaad HossamBio

Counselor, Egyptian Ministry of Justice and Managing Director of Euro-Arab legal Association, Switzerland
Mr. Moataz Hussein

Mr. Moataz HusseinBio

Senior International Investment Agreements Specialist, General Authority For Investment and Free Zones (GAFI), Egypt

Mr. Mohamed Kamal

Mr. Mohamed KamalBio

Investment Promotion Specialist IsDB
Mr. Abdoulaye Ly

Mr. Abdoulaye LyBio

Director, Investment Promotion Department, Investment Promotion Ministry, Senegal
Dr. Mouhamadou Madana Kane

Dr. Mouhamadou Madana KaneBio

Lead Legal Counsel, Islamic Development Bank Group

Mr. Makane Moïse Mbengue

Mr. Makane Moïse MbengueBio

Professor of Public International Law, University of Geneva

Ms. Suzy Nikièma

Ms. Suzy NikièmaBio

International Law Advisor for the Economic Law and Policy program (ELP)

Ms. A. Patience Okala

Ms. A. Patience OkalaBio

Deputy Director/ Legal Adviser
Nigerian Investment Promotion Commission

Dr. Ilia Rachkov, LL.M

Dr. Ilia Rachkov, LL.MBio

Partner at NSP - Nektorov, Saveliev & Partners (Russia, Moscow), adjunct professor at the MGIMO, Moscow

Ms. Mavluda Sattorova

Ms. Mavluda SattorovaBio

Senior Lecturer, University of Liverpool

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Organizers

Islamic Development Bank

Islamic Development Bank

UNCTAD

The Secretariat of the United Nations Conference
on Trade and Development

MLU Halle

Martin Luther University of Halle-Wittenberg

Partners

AMDIE

AMDIE

Event partnerships

Partnership opportunities for the “Enhancing regional approaches to investment protection and facilitation for sustainable development” are offered to law firms and other institutions dealing with investment issues. To indicate your interest in partnering with the conference please contact:


Mr. Hamed El-Kady
Hamed.ElKady@un.org

Mr. Mohamed Bukhari
mbukhari@isdb.org

Venue

Hotel Farah Casablanca

  • 160 Avenue des FAR,
    Dar-el-Beida
  • 22050 Casablanca, Morocco
  • Website