To tackle the climate crisis we need to keep fossil fuels in the ground. But governments that phase out coal, end gas production, or stop oil pipelines can be sued by corporations in private courts and be held liable for billions in damages. How? Under the Energy Charter Treaty (ECT). It is now up to European governments and the European Commission to pull out of the anti-climate ECT and stop its expansion to even more countries. Take action today to make this happen!
Amidst growing concerns that the Energy Charter Treaty (ECT) undermines urgent climate action, and a growing backlash against the treaty, its profiteers are spewing propaganda, promoting falsehoods about how the ECT attracts clean investment and how its 'modernisation' will fix any flaws. Cut through their rhetoric with our new myth-busting guide.
Tunisia has undergone radical changes in the past decade, and faces more in the years to come, if the EU has its way. As the first country to topple its dictator in early 2011, it set off a chain of revolutions across North Africa and West Asia that led to a political reconfiguration, the impacts of which are still playing out. While Tunisia is often seen as the ‘success’ story of the ‘Arab Spring’, the transition has actually been a lot more complex than that.
Peru, Mexico, Argentina, Bolivia and Guatemala are just some of the Latin American countries being hit by the investment protection regime in the midst of the COVID-19 pandemic. Foreign investors are threatening to bring claims before international arbitration tribunals due to the measures states are taking to mitigate the effects of the pandemic. Arbitrators are refusing to accept states’ requests to postpone ongoing arbitration cases and are obliging governments to disburse millions to investors at a time when public funds are required for more urgent priorities. Once again, the current crisis reveals the perverse consequences of the investor-state dispute settlement system and the urgent need to break free from it.
Cecilia Olivet, Lucía Bárcena, Bettina Müller, Luciana Ghiotto, Sara Murawski
20 April 2020
The fact that we are marking the 1000th ISDS claim in the middle of a profound social and economic crisis should be a wake-up call. Just as the pandemic is revealing profound health inequities and the dangers of agroindustrial food systems, it is also showing the dangers of trade and investment systems that put corporate profits above health and life.
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.
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.
This report focuses on the significant threats to precautionary environmental, labour, consumer and public health policy from regulatory cooperation and “good regulatory practices” chapters within the EU-Canada Economic and Trade Agreement (CETA), US–Mexico–Canada Agreement (USMCA), and the currently parked EU-U.S Transatlantic Trade and Investment Partnership (TTIP).
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 Regional Comprehensive Economic Partnership (RCEP) is a mega regional trade deal involving sixteen nations from Asia-Pacific. RCEP will impact the lives of billions of people, from the quality of the food they eat to the energy they consume and the affordability of life-saving medicines. Yet, RCEP negotiations are being conducted almost completely in secret, with limited to no meaningful public participation. Most elected officials have, at best, limited access to the negotiating texts, which remain out of reach for civil society.
The incorporation of labour, environmental and sustainable development provisions in the EU’s free trade agreements (FTA) has been much debated. But are the overall objectives of these FTAs truly compatible with a meaningful approach to labour rights, environmental protection and sustainable development? If not, what are these provisions actually doing?
This statement has been developed jointly by Indonesian and European civil society organisations, who believe that an EU-Indonesia Comprehensive Economic Partnership Agreement (CEPA) must first of all be approached as a means to serve the public interest.
What drives the negotiations for an Indonesia-Europe Comprehensive Economic Partnership Agreement (CEPA) in relation to investment? What would be the merits of the alternative investment protection frameworks as proposed by Indonesia? Will it be more effective in promoting a more equitable and sustainable development?
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.
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.