Abstract

Foreign investment may play an important role in the drive to harness the potential of natural
resources. Yet, the extent to which they will contribute to sustainable economic and social
development largely depends on the adequacy of governance, intended as “the process of
decision-making and the process by which decisions are implemented (or not implemented)”
(UN Economic and Social Commission for Asia and the Pacific, 2009).

Several actors are involved in governance, most prominently the government and local
authorities, multinational companies (MNCs) and the population. Governance itself is a
multifaceted concept that includes effectiveness, efficiency, fairness, inclusiveness, participation,
accountability, transparency, public scrutiny and observance of the rule of law.

The workshop will map the existing instruments – legally binding or not – relevant from the
standpoint of governance and examine the related practice of both governments and MNCs. It
will then assess to what extent these instruments have promoted and ensured good governance
in the sense of protecting and balancing the different private and public interests at stake. It will
finally try to identify the gaps and shortcomings of these instruments and explore how those can
eliminated or minimised.

Programme

The workshop will open with a keynote speech, which will introduce the notion of good governance as it has emerged in the natural resources sector, map the main legal instruments contributing to good governance in this sector and outline the legal challenges in ensuring a balanced protection of the private and public interests of the different stakeholders. The workshop will be structured into four sessions.

Monday 17 June

14:30 – 15:00 Keynote: Foreign Investment and Good Governance in the Natural Resources Sector: Mapping the Field – Peter Cameron

I. Good Governance in the Investment Treaty Framework in the Natural Resource Sector
15:00 – 15:30 Natural resource governance - Daniella Dam
15:30 – 16:00 Interaction between investment protection, environmental concerns and human and indigenous rights in the investment treaty framework - Jason Rudall

16:00 – 16:30 Coffee break

II. Investor Obligations and Accountability Mechanisms in the Natural Resource Sector
16:30 – 17:00 Investor obligations and compliance and accountability mechanisms – Uta Kohl
17:00 – 17:30 Public interest and good governance in investment dispute settlement - Mavluda Sattorova
17:30 – 18:00 Discussion

Tuesday 18 June

III. Good Governance and Foreign Investment in Extractive Industries
10:00 – 10:30 Oil and gas - Gloria Alvarez
10:30 – 11:00 Mining and commodity – Nicholas Perrone
11:00 – 11:30 Extractive industries: A practitioner view – Richard W. Roeder

11:30 – 12:00 Coffee break

IV. Good Governance and Foreign Investment in Renewable Resources
12:00 – 12:30 Agriculture and forestry - Lorenzo Cotula
12:00 – 12:30 Fresh water - Ana Maria Daza Clark

12:30 – 13:00 Discussion
13:00 – 13:15 Conclusions

Registration

See the event's Eventbrite page for registration.