International experts have warned that the use of investment treaty ‘Investor-State Dispute Settlement (ISDS)’ for attracting foreign investments into Myanmar is risky as it grants the investors the right to initiate dispute settlement proceedings against the government under international laws.
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
In the volatile and fragile context of Myanmar's nascent democratic reform, investment protection treaties must not be allowed to negatively affect processes that would make Myanmar more peaceful and democratic.
Civil society from Myanmar and the European Union are calling for the suspension of negotiations for an investment protection agreement between the EU and Myanmar until the European Court of Justice has ruled on the compatibility of the controversial Investment Court System (ICS) dispute settlement mechanism, with the EU Treaties.
We know what we have to do to solve the climate crisis. We must keep coal, oil and gas in the ground. But the fossil fuel industry has a secret powerful weapon to keep cooking the planet: The Energy Charter Treaty (ECT). It is 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. Visit: www.energy-charter-dirty-secrets.org
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.
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.
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.
Hilde van der Pas joined the 'Economic Justice, Corporate Power and Alternatives' programme in July 2011. She has a BA degree in journalism and a MA in International Relations from the University of Amsterdam.
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.
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.
Pietje Vervest is an economic anthropologist. She has specialised in the European Union's trade and investment agenda and in the international investment regime.
At TNI she coordinates the Economic Justice Programme and the Myanmar in Focus Programme, is part of the Coordination Group of the Seattle to Brussels network and is the European anchor of the Asia-Europe People's Forum.
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.
A small club of international law firms, arbitrators and financial speculators are fuelling an investment arbitration boom that is costing taxpayers billions of dollars and preventing legislation in the public interest.
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...