Investment

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FIELD's current work on investment focuses on contracts between investors and states, known as investment contracts. Investment contracts define the terms and conditions of an investment, the way its risks, costs and benefits are shared and, ultimately, the extent to which it contributes to sustainable development goals.

"We work to ensure that investment contracts reflect the interests of groups affected by the investment and the public at large."

Investment contracts have far-reaching implications for people's livelihoods and the environment, and yet are poorly understood outside the small circle of lawyers, government officials and corporate executives directly involved in their negotiation. This lack of public scrutiny creates a breeding ground for deals that do not reflect the interests of groups affected by the investment or of the public at large.

Legal devices used by an investment project to "stabilise" the laws applicable to them may constrain the host country's ability to improve social and environmental standards over time. Mechanisms to settle disputes (international arbitration) are not designed to balance private and public interests; despite some recent improvements, they remain largely opaque processes that focus on the commercial aspects of the dispute.