The secretive and lucrative world of international investment arbitration has enriched a small coterie of multi-billion dollar international firms, which actively promote and even help finance litigations against states and have fought fiercely to prevent changes to an unjust international investment regime.
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.
Bilateral investment treaties (BITs) allow transnational corporations to by-pass domestic courts and sue sovereign states - costing tax payers millions in legal expenses and preventing governments from acting in the best interests of their citizens.
This briefing analyses leaked proposals for so-called investor-state dispute settlement under the proposed EU-US deal and reveals a determined lobby campaign from industry lobby groups and law firms to grant unprecedented rights to corporations to sue governments for legislation and regulations that interfere with their profits.
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.
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.
Central and Eastern European (CEE) countries find themselves at a crossroad regarding their investment protection policies with the US. This briefing provides evidence that shows that including investment arbitration in the Transatlantic Trade and Investment Partnership (TTIP) will worsen the capacity for CEE governments to regulate.
A clear and plain language guide to the EU's neoliberal investment regime, explaining both the social and environmental costs of prying open poor, vulnerable countries' economies, as well as outlining a number of ethical alternatives.
Around the world, citizens have been mobilizing to defend their environment and economic sovereignty from transnational corporations, but there is another threat lurking in the shadows that can ride roughshod over our rights. A video of the Network for Justice in Global Investment in collaboration with the Transnational Institute.
A debate about the impacts of the Investor to States Disputes Settlement on the environment, between representatives from the European Commission and Civil Society Organizations from Europe, US and Canada was held in Brussels during the last negotiations round of the Transatlantic Trade and Investment Partnership
Nieuws.nl - Twitteraars zetten zich massaal in tegen het TTIP handelsverdrag met de hashtag #TTIPalarm. Maandag 20 april start in Washington de negende onderhandelingsronde over het handelsverdrag en Twitteraars willen dat het tegengeluid gehoord wordt. Het alarm is een initiatief van Milieudefensie, Both ENDS, SOMO, Transnational Institute en TNI.
Signing international investment treaties, in the hope of attracting foreign investments, has been a central strategy for governments looking to improve economic development. The less known side of this story is that by signing investment treaties, governments are giving away the sovereign right to regulate in the interest of people and the environment. They also expose themselves to the risk of spending millions in law suits that could have been used to serve public needs. It’s time that the dark side of investment is put under the spotlight.
Gus Van Harten discusses specific cases of investor-to-state arbitration to highlight what are the key problems with international investment treaties. How developing countries are being impacted by investment disputes and what the role is of lawyers and experts in promoting a growing international arbitration industry.