Both ENDS
Indigenous communities in Paraguay saw their attempts to regain their ancestral lands thwarted by German investors. In Indonesia, US-based mining companies succeeded to roll back new laws that were meant to boost the country’s economic development and protect its forests. This is the level of impact that investment treaties can have on social, environmental and economic development and rights. Why? Because of the ‘Investor-to-State Dispute Settlement’ clauses that are included in many such treaties.
International trade agreements often have far-reaching consequences not only for the economy of a country, but also for people and the environment. It is primarily the most vulnerable groups who suffer most from these agreements.
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.
November the 1st is the deadline for the amendment or withdrawal of the Bilateral Investment Treaty (BIT) between the Netherlands and South Africa. The intention of the treaty was to expand and strengthen the economic relationship between the two countries, to promote the exchange of capital and technology and to strengthen the economic growth. The question is what will happen next; Burghard Ilge of Both ENDS explains.
Thanks to the negotiations about TTIP, the public debate about bilateral investment treaties (BITs) is slowly underway. Especially the ‘Investor-to-State Dispute Settlement Mechanism’ (ISDS) of TTIP threatens to lower the norms to protect people and the environment. BITs make use of very controversial arbitrage systems (ISDS), which enable investors to bypass the national court to sue governments for their national policies and laws.
In 1959, Germany and Pakistan signed the first Bilateral Investment Treaty (BIT) in the world. Without knowing, they marked a new era as many countries have followed their example since then. Currently, the international legal system that governs international investment flows consists of about 3000 BITs and other international investment agreements (IIAs). While originally these treaties were thought to be beneficial for the investor and the host state in terms of economic growth, increased foreign investment and development, many host states have suffered negative consequences instead of benefiting from them.
The European Commission is about to take important decisions about Bilateral Investment Treaties (BITs). These agreements are designed to protect corporations that invest in a foreign (often developing) country. These international agreements are binding, but often undermine the social and environmental regulations that developing countries want to implement. On march 3, the European Parliament will vote on reforming these policies.
