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.
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.
The European Commission recently issued two papers to address growing concerns among civil society and the wider general public over inclusion of the increasingly controversial investor-state dispute settlement mechanism (ISDS) in the EU-US Transatlantic Trade and Investment Protection agreement (TTIP). The Seattle to Brussels Network responds to the arguments and the Commission’s proposals to amend the flaws in the ISDS system.
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.
One World - De ISDS-clausule waardoor bedrijven overheden kunnen aanklagen als ze hun belangen geschaad zien, is een van de meest controversiële onderdelen van het vrijhandelsverdrag TTIP waar de Europese Unie op dit moment over onderhandelt met de Verenigde Staten.
In both TTIP and CETA food, agriculture, animal husbandry and horticulture play a major role and the prospects for European farmers and consumers are not good. TTIP negotiators are discussing abolishing or lowering import tariffs for agricultural products and the mutual recognition of each others’ standards relating to environment, animal welfare, food safety and labour rights is on the agenda.
Cecilia Olivet, Pietje Vervest, Pia Eberhardt, Fabian Flues
15 April 2015
In response to growing public criticism of international investment law, a new lobby group has emerged, EFILA, seeking to influence European officials. This briefing exposes how EFILA represents an attempt by the arbitration industry to fend off much-needed reforms in order to protect a highly lucrative business.
Demands for tax justice have resounded worldwide, with growing anger at the tax practices of corporations such as Google and Starbucks. Yet trade and investment agreements are already constraining the ability of governments to impose fair tax deals and with the Transatlantic Trade and Investment Partnership (TTIP) this could become worse.