Cecilia Olivet, Kat Moore, Sam Cossar-Gilbert, Natacha Cingotti
08 December 2016
The Regional Comprehensive Economic Partnership (RCEP) trade deal under negotiation between 16 Asian countries would grant corporations exclusive rights to sue governments at international tribunals. This report reveals that investors have launched 50 lawsuits at secret international arbitration tribunals against governments negotiating the RCEP agreement for a total of at least $31 billion US dollars. These lawsuits provide a warning of the potential high costs of the proposed RCEP trade deal. RCEP will deepen the rights of investors and lock in place this system of privatised justice.
Investment protection and investor-state dispute settlement (ISDS) mechanisms are perhaps the most contentious aspects of TTIP and CETA. These mechanisms provide foreign investors with the right to sue the EU or its Member States in private tribunals over potential losses in profit due to current or new public welfare regulations.
Civil society from Myanmar and the European Union are calling for the suspension of negotiations for an investment protection agreement between the EU and Myanmar until the European Court of Justice has ruled on the compatibility of the controversial Investment Court System (ICS) dispute settlement mechanism, with the EU Treaties.
Important decisions on the European-Canadian free trade agreement CETA will shortly be taken on EU institutional and Member State level. On this occasion, Canadian and European experts of civil society shed light on the most controversial aspects of the agreement. They conclude that CETA in its present form threathens public welfare on both sides of the Atlantic, referring among other areas to investor-state dispute settlement, agriculture and energy policy.
Pia Eberhardt, Blair Redlin, Cecilia Olivet, Lora Verheecke
19 September 2016
The Canada-EU Comprehensive Economic and Trade Agreement (CETA) is much less known than its US-EU counterpart, TTIP, but this report exposes how it still poses a serious threat to governments efforts to protect citizens and the environment.
In a letter to the president of the European Council, 240 European organisations ask him to withdraw the mandate for the European Commission to negotiate the Transatlantic Trade and Investment Partnership (TTIP), with immediate effect.
The EU and Mexico launch negotiations for a ‘modernised’ Free Trade Agreement. A key feature is the investment protection chapter which grants major multinational companies in Mexico and the EU the exclusive right to challenge democratic decisions taken by States, even when they were taken in the public interest. The report outlines six reasons of major concern.
Cecilia Olivet, Jaybee Garganera, Farah Sevilla, Joseph Purugganan
24 May 2016
Mining firms have been one of the main corporate sectors worldwide to take advantage of investor-state dispute mechanisms to sue states for regulation of mining, having sued governments for a total of USD 53 billion so far. The Philippines, one of five countries worldwide with the highest overall mineral reserves, has a web of investment treaties which severely constrain the government's ability to regulate or close polluting mines. This legal straitjacket will become even tighter if the EU–Philippines Free Trade Agreement and the Regional Comprehensive Economic Partnership (RCEP) proceed.
Representatives of the governments of Austria, France, Finland, Germany and the Netherlands (AFFGN) tabled a proposal, in April, to establish “a multilateral agreement among the [EU] Member States […] which would replace and supersede pre-existing intra-EU BITs”. With this proposal, all EU investors would effectively be able to sue any member state at an international tribunal when they feel government regulations have undermined their (future) profits. This proposal undercuts the very basis of the European Union and is the best example of how the EU has become a vehicle for business rights at the expense of democracy.
In an astonishing move which ignores the opinion of millions of citizens who oppose ISDS, the governments of Austria, France, Finland, Germany and the Netherlands (AFFGN) have made a sly attempt to institutionalise ISDS throughout the European Union. According to a leaked non-paper, on the 7th April representatives of these five nations made a proposal to the EU Council’s Trade Policy Committee which would in effect create a plurilateral treaty based on foreign investment protection within the EU. A move which was suspiciously followed by publication of a similar proposal on Business Europe’s website in what appears to have been a coordinated action.
248 pages of leaked documents confirm concerns: In a misguided effort to conclude one of the most ambitious trade deals ever, negotiators are arguing away hard-won health, workplace, food, farming and environmental safeguards, while pushing power further from electorates, citizens and regulators, and deeper into the hands of businesses, corporations and interest groups.
Cecilia Olivet, Natacha Cingotti, Pia Eberhardt, Nelly Grotefendt, Scott Sinclair
19 April 2016
The European Commission says that its new investment proposal –the Investment Court System - will protect governments' abilities to regulate on crucial matters such as public health and environmental protection. But analysis of five of the most controversial arbitration cases in recent years shows they could still be launched under the current proposal.
Countries around the world have reached a critical moment in the fight against climate change. Last year, hundreds of thousands of people marched in the streets demanding climate action, more than 190 countries reached a climate agreement in Paris, and renewable energy became more affordable and accessible to communities across the globe. Meanwhile, in sharp contradiction to that, countries negotiated new trade deals that would empower fossil fuel corporations to undermine the exact climate and conservation policies that are needed to tackle the climate crisis.