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 public event will highlight the risks that provisions negotiated as part of trade agreements – such as ISDS – can pose for governments’ ability to regulate to protect the environment and act 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.
Cecilia Olivet, Kat Moore, Sam Cossar-Gilbert, Natacha Cingotti
08 December 2016
The Regional Comprehensive Economic Partnership (RCEP) trade deal under negotiation between 16 Asian countries would grant corporations exclusive rights to sue governments at international tribunals. This report reveals that investors have launched 50 lawsuits at secret international arbitration tribunals against governments negotiating the RCEP agreement for a total of at least $31 billion US dollars. These lawsuits provide a warning of the potential high costs of the proposed RCEP trade deal. RCEP will deepen the rights of investors and lock in place this system of privatised justice.
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?
Cecilia Olivet, Jaybee Garganera, Farah Sevilla, Joseph Purugganan
24 May 2016
Mining firms have been one of the main corporate sectors worldwide to take advantage of investor-state dispute mechanisms to sue states for regulation of mining, having sued governments for a total of USD 53 billion so far. The Philippines, one of five countries worldwide with the highest overall mineral reserves, has a web of investment treaties which severely constrain the government's ability to regulate or close polluting mines. This legal straitjacket will become even tighter if the EU–Philippines Free Trade Agreement and the Regional Comprehensive Economic Partnership (RCEP) proceed.
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.
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.
As the signing of the EU-Myanmar Investment Protection Agreement (IPA) draws near, concerns over the secrecy surrounding the agreement’s negotiations and the risks it poses abound, alongside many myths about its potential benefits.
Countries around the world have reached a critical moment in the fight against climate change. Last year, hundreds of thousands of people marched in the streets demanding climate action, more than 190 countries reached a climate agreement in Paris, and renewable energy became more affordable and accessible to communities across the globe. Meanwhile, in sharp contradiction to that, countries negotiated new trade deals that would empower fossil fuel corporations to undermine the exact climate and conservation policies that are needed to tackle the climate crisis.
The EU and Mexico launch negotiations for a ‘modernised’ Free Trade Agreement. A key feature is the investment protection chapter which grants major multinational companies in Mexico and the EU the exclusive right to challenge democratic decisions taken by States, even when they were taken in the public interest. The report outlines six reasons of major concern.
The Ecuadorian government announced yesterday that it will complete the process to terminate its remaining 16 Bilateral Investment Treaties. This decision is based on the recommendation of the audit commission’s 668 page report (In Spanish).