By the end of August 2019, African States had been hit by a total of 106 known investment treaty arbitration claims. This represents 11% of all known investor-state disputes worldwide. Between 2013 and 2018, there has been an unprecedented boom of claims against African governments. During these last six years, they received more investor claims than the previous 20 years combined. This paper exposes how the international investment regime affects African countries.
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.
This week, representatives of around 100 countries are meeting in New York to talk about investor-state dispute settlement (ISDS). ISDS is a legal instrument that multinationals can use to sue governments for billions. External experts and observers fear that the new negotiations will amount to ‘old wine in new bottles’. They believe that those who benefit from this instrument (powerful states and top lawyers from the ISDS sector) are controlling the debate.
The peoples of Myanmar have long desired a platform for inclusive peace and dialogue where the vital issues of politics, economics, welfare and human rights for all can be discussed together, fully and in a spirit of national reconcilitation and cooperation. Thus any initiative towards peace and dialogue is always welcome.
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.
Lora Verheecke, Pia Eberhardt, Cecilia Olivet, Sam Cossar-Gilbert
24 June 2019
Multi-billion dollar lawsuits bleeding cash-strapped nations, corporations reversing victories by environmental defenders and dazzling financial rewards for investors who perpetrated human rights abuses. Ten investor-state lawsuits which have been filed, threatened or decided since 2015, from all over the globe (in Europe, Africa, Asia and Latin America), demonstrate that ISDS is again and again used as a corporate weapon against the public interest. This report exposes the true nature of the ISDS regime through 10 recent stories.
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.
The following document analyses how the Forest Warden Families Programme and the Productive Projects of the Presidential Programme Against Illegal Crops in Colombia have been used to legalise paramilitary structures and implement mega agro-industrial projects in the Uraba Region.
The current development model in place across Colombia has brought repression and harassment. The government has not fulfilled the terms of a 2013 agreement. On May 27th, the Cumbre Agraria, Campesina, Etnica y Popular1 called for a national Minga - a period of strikes and mobilizations - across Colombia to put pressure on the government.
On 5 June, the government of Peru launched an extremely violent attack on the indigenous peaceful protests against 10 legislative decrees promoted by the Peruvian Government in order to comply with the Free trade Agreement (FTA) with US that threatens their rights and their environment.
Seattle to Brussels Network (S2B), Cecilia Olivet, Marc Maes, Pia Eberhardt, Natacha Cingotti, Ante Wessels, Burghard Ilge, Peter Fuchs
27 November 2015
The European Commission unveiled a draft text for a chapter on investment protection and investor to state dispute settlement – now called the Investment Court System - to be included in the Transatlantic Trade and Investment Partnership (TTIP) with the US. This new system would replace the existing investor-to-state dispute settlement (ISDS) mechanism not only in TTIP but also in all ongoing and future EU investment negotiations.
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.