China and the EU are preparing to launch negotiations for a bilateral investment agreement at the next EU-China Summit this November. The proposed agreement would replace existing bilateral investment treaties between EU member states and China. This is the moment to develop a more balanced international investment framework that would protect the sovereign power of both parties.
South Africa is moving away from international investment treaties towards a new framework for investment protection based on domestic law. Contrary to some opinions, there are cogent arguments in favour of this approach.
For years TNI has focused on ‘investment protection’ regimes that give corporations the right to sue states for actions that hit their profits, even where the measures are taken to defend public interests in poor countries
On 22 April, government representatives from Bolivia, Cuba, Ecuador, Nicaragua, Dominican Republic, St. Vincent and Grenadine, Venezuela, Argentina, Guatemala, El Salvador, Honduras and Mexico met in Guayaquil (Ecuador) for the 1st Ministerial Meeting of the Latin American States affected by transnational interests.
In the 2012 report Profiting from Injustice, jointly published by Corporate Europe Observatory and the Transnational Institute, we boldly asserted that law firms, arbitrators and third-party funders have, over the past two decades, helped maintain an investor-biased arbitration system and have fuelled the rise in investor-state disputes.
Fiona Dove, Hans Berkhuizen, Ronald Gijsbertsen, Danielle Hirsch, Ruud van den Hurk, Ineke Zeldenrust
26 March 2013
One of the wishes of the Fair, Green and Global Alliance (FGG) members was recently fulfilled by the Rutte II Cabinet: the trade and global development portfolios have been brought under a single Minister, the Minister of Foreign Trade and Development Cooperation.
By ratifying the Free Trade Agreement with Colombia, the European Parliament committed itself to give a special follow-up to the “respect of human rights and the environment” by implementing the “road map” agreed upon for these issues.
During the CELAC-EU President Summit in Chile, some Latin American governments rejected the inclusion in the final declaration of the proposed EU wording in support of providing foreign investors legal certainty. To understand why, we need to look at the industry behind investment arbitration.