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.
The Transnational Institute condemns the last minute decision to block dozens of civil society experts and campaigners from next week's World Trade Organisation summit in Argentina. The decision, apparently made by the Argentinian Government for undisclosed reasons, is unprecedented in recent WTO history.
Social organisations and movements, communities affected by the operations of transnational corporations, and others fighting for social and environmental justice around the world, will be in Geneva from October 23-26. This will be the third time the Global Campaign to Reclaim Peoples Sovereignty, Dismantle Corporate Power and Stop Impunity mobilises for the establishment of a United Nations (UN) treaty to impose on states and corporations international obligations to guarantee access to justice for affected communities, groups and individuals whose human rights have been violated by transnational corporations.
As the signing of the EU-Myanmar Investment Protection Agreement (IPA) draws near, concerns over the secrecy surrounding the agreement’s negotiations and the risks it poses abound, alongside many myths about its potential benefits.
Chinese investments in Europe have surged in recent years, totaling €35 billion in 2016. This paper examines the nature and scope of Chinese investments, how investments in Europe differ to those made in the Global South, why the Chinese state is interested in investing in the Europe and the implications for social movements committed to social justice.
Hyderabad/Amsterdam, July 20. The Regional Comprehensive Economic Partnership (RCEP) is being negotiated in Hyderabad, India this week (July 22). If signed, RCEP would grant corporations the exclusive right to bypass domestic legal systems and sue States at international tribunals whenever they feel government regulation can limit their profits. India is already the target of 40% of all cases filed against RCEP countries. The country also tops the ranking with regard to financial claims: India has been sued for at least 12.3 billion USD by foreign investors since 1994.
As Ecuador’s new president, Lenin Moreno Garcés, gave his inaugural speech to the National Assembly members, and a number of invited Latin American presidents, an important question is what will change after the ten-year incumbency of his predecessor, Rafael Correa.
On 16 May, Ecuador became the fifth country to terminate all its Bilateral investment treaties (BIT). Why did it make this decision? TNI researcher Cecilia Olivet, and president of the Ecuadorian Citizens Commission that audited the country’s investment protection treaties, shares her insider perspective.
The Ecuadorian Citizens’ Commission for a Comprehensive Audit of Investment Protection Treaties and of the International Arbitration System on Investments (CAITISA) was set up by the Ecuadorian goverment to audit the country's investment treaties and make recommendations to the government.
The commission was comprised of government officials, academics, lawyers and civil society groups, including the foremost expert on investment law, Muthucumaraswamy Sornarajah and the former Attorney General for Argentina, Osvaldo Guglielmino. Our own TNI researcher Cecilia Olivet was nominated president.
In May 2017, the Commission's report was published and its recommendations to terminate the country's Bilateral Investment Treaties accepted by the government.
The Ecuadorian government announced yesterday that it will complete the process to terminate its remaining 16 Bilateral Investment Treaties. This decision is based on the recommendation of the audit commission’s 668 page report (In Spanish).
(Quito/Amsterdam, 3 May 2017) A unique international audit commission that examined the benefits and costs of Ecuador’s investment protection treaties will publish its findings on Monday 8 May. The report is to be released 5 days after Ecuador’s National Assembly recommended the government to terminate 12 remaining Bilateral Investment Treaties.
Projects protecting Jakarta against floods are likely to damage the environment and could threaten the livelihoods of tens of thousands of people. The Dutch government, supporting these projects, should question how it balances its interest in supporting Dutch companies with its stated policies of sustainable and inclusive development.