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.
The investor-state dispute settlement (ISDS) clause present in many trade treaties give investors far-reaching protection, curtailing governments’ ability to regulate for progressive agrarian and agricultural policies and reinforcing the notion of land as a commodity.
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
Corporate crime is not due to a few´bad apples´ but to an architecture of impunity and a structure of power that puts corporate rights above human rights. An infographic from the State of Power report 2015
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.