Hyderabad/Amsterdam, July 20. The Regional Comprehensive Economic Partnership (RCEP) is being negotiated in Hyderabad, India this week (July 22). If signed, RCEP would grant corporations the exclusive right to bypass domestic legal systems and sue States at international tribunals whenever they feel government regulation can limit their profits. India is already the target of 40% of all cases filed against RCEP countries. The country also tops the ranking with regard to financial claims: India has been sued for at least 12.3 billion USD by foreign investors since 1994.
As Ecuador’s new president, Lenin Moreno Garcés, gave his inaugural speech to the National Assembly members, and a number of invited Latin American presidents, an important question is what will change after the ten-year incumbency of his predecessor, Rafael Correa.
On 16 May, Ecuador became the fifth country to terminate all its Bilateral investment treaties (BIT). Why did it make this decision? TNI researcher Cecilia Olivet, and president of the Ecuadorian Citizens Commission that audited the country’s investment protection treaties, shares her insider perspective.
The Ecuadorian Citizens’ Commission for a Comprehensive Audit of Investment Protection Treaties and of the International Arbitration System on Investments (CAITISA) was set up by the Ecuadorian goverment to audit the country's investment treaties and make recommendations to the government.
The commission was comprised of government officials, academics, lawyers and civil society groups, including the foremost expert on investment law, Muthucumaraswamy Sornarajah and the former Attorney General for Argentina, Osvaldo Guglielmino. Our own TNI researcher Cecilia Olivet was nominated president.
In May 2017, the Commission's report was published and its recommendations to terminate the country's Bilateral Investment Treaties accepted by the government.
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).
(Quito/Amsterdam, 3 May 2017) A unique international audit commission that examined the benefits and costs of Ecuador’s investment protection treaties will publish its findings on Monday 8 May. The report is to be released 5 days after Ecuador’s National Assembly recommended the government to terminate 12 remaining Bilateral Investment Treaties.
Projects protecting Jakarta against floods are likely to damage the environment and could threaten the livelihoods of tens of thousands of people. The Dutch government, supporting these projects, should question how it balances its interest in supporting Dutch companies with its stated policies of sustainable and inclusive development.
Transnational Institute (TNI), Institute for Policy Studies
25 January 2017
The Institute for Policy Studies and Transnational Institute welcome the Dutch trade minister’s call for a reset of trade negotiations to better link the trade and investment agenda to equitable and sustainable development objectives. At the same time, we urge all stakeholders involved in the EU-Mexico FTA negotiations to replace the current far-reaching liberalisation and deregulation agenda with an agreement that regulates investment in accordance with human rights, social standards, environmental protection, climate conservation and other sustainable development objectives as overriding principles. Read the letter, which includes our concerns and recommendations, below:
In both TTIP and CETA food, agriculture, animal husbandry and horticulture play a major role and the prospects for European farmers and consumers are not good. TTIP negotiators are discussing abolishing or lowering import tariffs for agricultural products and the mutual recognition of each others’ standards relating to environment, animal welfare, food safety and labour rights is on the agenda.
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.