How fair is the investment arbitration system in Latin American and Caribbean (LAC) countries? Are investor-state disputes balanced between national and corporate interests? LAC countries are among the most affected by the investment arbitration system, representing 28.6% of all known investor-state disputes around the world. In particular, Argentina, Venezuela, Mexico, Ecuador, Bolivia and Peru account for 77.3% of the total number of claims against LAC countries. Analysis shows that the system so far heavily favours corporate interests. Investors have won in 70% of the cases brought against LAC countries. As a result, LAC States have already had to pay foreign companies 20.6 billion USD, which could cover Bolivia’s budget for health and education for four whole years.
A push by 39 WTO members, including China, Russia, the EU, Argentina, Brazil and Mexico to reintroduce formal discussions on investment facilitation at the 11th World Trade Organization (WTO) Ministerial conference has failed.
Transnational Institute (TNI), Institute for Policy Studies
25 January 2017
The Institute for Policy Studies and Transnational Institute welcome the Dutch trade minister’s call for a reset of trade negotiations to better link the trade and investment agenda to equitable and sustainable development objectives. At the same time, we urge all stakeholders involved in the EU-Mexico FTA negotiations to replace the current far-reaching liberalisation and deregulation agenda with an agreement that regulates investment in accordance with human rights, social standards, environmental protection, climate conservation and other sustainable development objectives as overriding principles. Read the letter, which includes our concerns and recommendations, below:
In the volatile and fragile context of Myanmar's nascent democratic reform, investment protection treaties must not be allowed to negatively affect processes that would make Myanmar more peaceful and democratic.