Trade and investments

Trade and investment agreements come in all shapes and sizes. Trade agreements should facilitate fair and equitable trade between the parties, while investment agreements should promote international investment. Although such agreements may be concluded on an equitable basis, experience unfortunately shows that the economically stronger party usually benefits the most, that decision-making lacks transparency and that, generally speaking, agreements are often especially disadvantageous to developing countries.

The network of international agreements is large and complex. The Netherlands alone has signed more than 90 bilateral investment treaties (BITs) and is party to the trade and investment agreements concluded by the EU. For people and the environment in developing countries, current international trade and investment policy brings a lot of disadvantages.

Binding agreements vs. voluntary social and environmental criteria

Unlike international agreements on the environment and human rights, economic treaties and rules are not only binding but can be enforced through penalties and trade sanctions. As a consequence, agreements on protection of people and the environment can be undermined by more binding agreements on trade and investment.

Free trade is not equitable

Generally speaking, trade agreements and free trade by no means always promote fair and equitable trade. The economies of developing countries are often not sufficiently developed to withstand international competition. Despite international recognition that developing countries cannot always go as far as richer countries, in negotiations the rich countries do try and get the best deal possible for their own businesses and economic interests.

Investment protection

A special investor-state dispute settlement (ISDS) clause in investment treaties can allow investors to get around the jurisdiction of national courts. New government measures, such as changes in national environmental legislation, can lead to substantial claims from investors who think the new rules may affect their profits. If the state has to take such potential claims into account every time it introduces new measures, this acts as a powerful brake on the introduction of new legislation, even if it is in the interest of society as a whole.

Decision-making is not transparent

Trade and investment agreements can therefore restrict a country's or society's influence on their own living environment, education and health care. Despite this, the negotiations on the agreements are often not transparent. Consequently, there is little public discussion and, frequently, even parliaments barely involved in the negotiations.

Both ENDS is calling at all policy-making levels for international economic legislation, agreements and rules to be changed so that they do not undermine human rights and the environment. We are also calling for developing countries be given certain exemptions in negotiations on trade and investment agreements, so that they have the opportunity to develop their economies. In these campaigns, we work together with civil society organisations in developing countries, which we provide with information to enable them to take action to influence their own policy-makers.

Our work on the subject of Trade and investments

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    The Climate lawsuit against Shell

    Both ENDS is co-plaintiff in the climate lawsuit being brought by Milieudefensie (Friends of the Earth The Netherlands) against Shell to stop the company from causing harm to the climate. Shell has known about the severity of the climate problem for many years but continues with the climate-polluting extraction of oil and gas. By doing so, it undermines efforts to achieve the climate goals. Companies have a responsibility not to cause serious harm to society and the climate. Because Shell refuses to take that responsibility itself, we are taking the company to court. In brief, we demand that Shell has zero greenhouse gas emissions by 2050 and adapts its activities to be fully aligned with the climate goals in the Paris Agreement.
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    Global Alliance for Green and Gender Action (GAGGA)

    GAGGA rallies the collective power of the women's rights and environmental justice movements to realize a world where women can and do access their rights to water, food security, and a clean, healthy and safe environment. 
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    Fair Green and Global Alliance (FGG)

    Together with civil society organisations from all over the world, the Fair Green and Global (FGG) Alliance aims for socially just, inclusive and environmentally sustainable societies in the Netherlands and the Global South.
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    The Netherlands and the SDGs: A better world starts with yourself

    In 2015, the member states of the United Nations committed themselves to the ambitious Sustainable Development Goals (SDGs). Unlike their predecessors, the Millennium Development Goals (MDGs), the SDGs recognise the importance of equality within and between countries, of decision-making processes in which all people are included and heard, and of legal systems that are independent and accessible to all.
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    Investment treaties

    Investment treaties must be inclusive, sustainable and fair. That means that they must not put the interests of companies before those of people and their living environment.
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    Large-scale infrastructure

    Large-scale infrastructural projects have detrimental effects on local people and the environment, while their benefits are felt elsewhere. Both ENDS is working to ensure that local people have a greater say in decision-making and is investigating the way these projects are funded.
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