The letter below and updated petition was delivered on 20 March 2008 to World Bank President Zoellick and ICSID General Secretary Ana Palacio and to contacts for ETI and their lawyers, Telefonica, Telecom Italia, World Bank external affairs, and the ICSID secretariat. For background information see Global campaign against anti-democratic investment rules
Demands for tax justice have resounded worldwide, with growing anger at the tax practices of corporations such as Google and Starbucks. Yet trade and investment agreements are already constraining the ability of governments to impose fair tax deals and with the Transatlantic Trade and Investment Partnership (TTIP) this could become worse.
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.
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.
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.
The Energy Charter Treaty (ECT) has been exposed as the fossil fuel industry's powerful secret weapon to keep cooking the planet. It is now on the brink of a massive geographical expansion into Africa, Asia and Latin America, threatening to bind yet more countries to corporate-friendly energy policies. This briefing unpacks the risks for developing countries and the empty promises of those pushing for new countries to join.
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.
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.
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.
The European Commission recently issued two papers to address growing concerns among civil society and the wider general public over inclusion of the increasingly controversial investor-state dispute settlement mechanism (ISDS) in the EU-US Transatlantic Trade and Investment Protection agreement (TTIP). The Seattle to Brussels Network responds to the arguments and the Commission’s proposals to amend the flaws in the ISDS system.
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.
Representatives of the governments of Austria, France, Finland, Germany and the Netherlands (AFFGN) tabled a proposal, in April, to establish “a multilateral agreement among the [EU] Member States […] which would replace and supersede pre-existing intra-EU BITs”. With this proposal, all EU investors would effectively be able to sue any member state at an international tribunal when they feel government regulations have undermined their (future) profits. This proposal undercuts the very basis of the European Union and is the best example of how the EU has become a vehicle for business rights at the expense of democracy.
In dit onderzoek analyseren wij vijftig jaar ISDS, de ontwikkeling van investeringsbescherming in een globaliserende wereld en de rol van Nederland hierin. We hebben feiten en cijfers uitgezocht en opgezocht, analyses gemaakt en conclusies getrokken.
Corporations, backed by lawyers, use international investment agreements to scavenge for profits by suing Europe’s crisis countries. While speculators making risky investments are protected, ordinary people have no such protection and – through harsh austerity policies – are being stripped of basic social rights.
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.
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.