Pietje Vervest, Timothé Feodoroff, Giorgina Garibotto et al.
06 March 2014
A briefing that explores how a trade agreement currently being negotiated between the US and the EU could open the way to multi-billion euro lawsuits from companies wanting to expand “fracking” for shale gas and oil.
Citizens and policy makers around the world are increasingly questioning the trade agreement system, especially the investor-state dispute settlement mechanism (ISDS) that enables foreign investors to bypass the legal system of host states and sue governments before private tribunals for any policy, democratically passed law, or judgment of a court that adversely affects them.
Zondag met Lubach, a Dutch tv show, takes a closer look at two trade agreements, TTIP and her ugly sister CETA. He asks Cecilia Malmström (European Commission) to remove ISDS and even made a brilliant TTIP/CETA protest song.
The aggressive agenda of services corporations, with regards to TTIP and CETA, pushes for far-reaching market opening in areas such as health, cultural and postal services, and water, which would allow them to enter and dominate the markets. Those in charge of EU trade negotiations are rolling out the red carpet for the services industry, with CETA and TTIP reflecting the wishlist of corporate lobbyists.
Climate change action demands moving to an energy system based on renewables and leaving fossil fuels in the ground. International investment agreements, and particularly ISDS, stand in the way of energy transition. They limit the ability of governments to set the terms of their energy policy, including the support of renewable energy. Investment agreements such as the Transatlantic Trade and Investment Partnership (TTIP) and the Comprehensive Economic and Trade Agreement (CETA) will further empower corporations to challenge strong government action on climate change
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.
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.
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.
Important decisions on the European-Canadian free trade agreement CETA will shortly be taken on EU institutional and Member State level. On this occasion, Canadian and European experts of civil society shed light on the most controversial aspects of the agreement. They conclude that CETA in its present form threathens public welfare on both sides of the Atlantic, referring among other areas to investor-state dispute settlement, agriculture and energy policy.
Cecilia Olivet is a social scientist who specialises in the European Union's trade and investment agenda and the international investment regime. Cecilia is Uruguayan, has a BA degree in International Relations from Universidad de la República in Uruguay and an MA in International Politics and East Asia from Warwick University, UK. In 2005, she joined TNI where she is part of the Economic...