From July 18-26, 2011, CLDP’s Deputy Chief Counsel Marc Tejtel and International Program Specialist Adam Al-Sarraf conducted a seminar for Iraq’s State Shura Council and representatives of key Iraqi agencies responsible for treaty drafting and negotiation. The seminar focused on the role of bilateral investment treaties (BITs) in economic development, the legal obligations associated with BITs and the mechanisms available for the settlement of disputes. CLDP worked with the International Centre for the Settlement of Investment Disputes (ICSID), the British Institute for International and Comparative Law and a wide-range of international investment law experts and practitioners to develop a comprehensive curriculum including lectures and interactive case studies to cover the seminar topics.

Within the next two years, Iraq plans to enact a significant number of laws required to modernize its economy, and will sign several investment and trade treaties to bring its economy into the world trade and investment community. Iraq’s State Shura Council, which is leading the delegation, is responsible for reviewing all draft legislation to ensure conformity with Iraqi law. It also reviews all international treaties prior to ratification by Iraq’s Council of Representatives (COR), Iraq’s parliament, both for compatibility with Iraqi law and to ensure that Iraq’s national interests are safeguarded.

The Iraqi State Shura Council is currently reviewing two laws, one on ICSID membership and one on international arbitration. The Council approached CLDP earlier this year to design and conduct, as a first step, a seminar focused on bilateral investment treaties and ICSID state/investor dispute resolution mechanisms. The participants in this seminar were five members of the Iraqi State Shura Council as well as representative from Iraq’s Ministry of Foreign Affairs and from Iraq’s Investment Promotion Agency.