A/HRC/30/44 Year the case was initiated Case title Zelena N.V. and EnergoZelena d.o.o Inđija v. Republic of Serbia (ICSID Case No. ARB/14/27) 2014 Respondent Home State of State investor (claimant) Serbia Belgium Legal Instrument Arbitration Outcome/Status Rules of proceedings Belgium/LuxembourgSerbia BIT ICSID Pending UNCTAD Investment Policy Framework for Sustainable Development – excerpt66 Core Principles for investment policymaking for sustainable development 66 Area Core Principles 1 Investment for sustainable development • The overarching objective of investment policymaking is to promote investment for inclusive growth and sustainable development. 2 Policy coherence • Investment policies should be grounded in a country’s overall development strategy. All policies that impact on investment should be coherent and synergetic at both the national and international level. 3 Public governance and • Investment policies should be developed involving all institutions stakeholders, and embedded in an institutional framework based on the rule of law that adheres to high standards of public governance and ensures predictable, efficient and transparent procedures for investors. 4 Dynamic policymaking • Investment policies should be regularly reviewed for effectiveness and relevance and adapted to changing development dynamics. 5 Balanced rights and obligations • Investment policies should be balanced in setting out rights and obligations of States and investors in the interest of development for all. 6 Right to regulate • Each country has the sovereign right to establish entry and operational conditions for foreign investment, subject to international commitments, in the interest of the public good and to minimize potential negative effects. 7 Openness to investment • In line with each country’s development strategy, investment policy should establish open, stable and predictable entry conditions for investment. 8 Investment protection and treatment • Investment policies should provide adequate protection to established investors. The treatment of established investors should be non-discriminatory in nature. 9 Investment promotion and facilitation • Policies for investment promotion and facilitation should be aligned with sustainable development goals and designed to minimize the risk of harmful competition for investment. http://unctad.org/en/Pages/DIAE/International%20Investment%20Agreements%20(IIA)/IIAIPFSD.aspx 37