The IISD Guide to Negotiating Investment Contracts for Farmland and Water

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The IISD Guide to Negotiating Investment Contracts for Farmland and Water is a legal and policy tool for governments and communities that are involved in negotiating investment contracts with foreign investors. The guide focuses on a particular type of contract involving long-term leases of farmland. Part I, Preparing for Negotiations, is designed to assist in the preparatory phase. Part 2, Model Contract, is structured like an investment contract for the lease of farmland and proposes model provisions. 

This type of investment contract is part of a broader legal framework for foreign investment, which operates within three areas of law: domestic law, investment contracts and international investment treaties. Domestic law is the foundation for any potential investment and should govern most of the issues arising, including the legal instrument to be used, such as a lease, licence or permit. The contract will then identify a narrower subset of issues specific to that particular investment, like the size, duration and lease rates. Investment treaties should play the smallest role, dealing essentially with egregious violations such as an expropriation without any compensation.

Document Information

Document Type Study Guide
Autor Carin Smaller at all.
Year of Publication 2014
Editor The International Institute for Sustainable Development
Número de Páginas 62 pp.
Región / País Global /
Idioma Principal Inglés (en)
Palabras clave Investment, Contratos
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