Both ENDS
Press release
Just before being elected president of the European Commission, Jean-Claude Juncker from Luxemburg, has spoken out against ISDS. The ‘Investor to State Dispute Settlement’ would be a part of the proposed EU-US trade agreement TTIP. It would deal with conflicts between investors that feel disadvantaged and states they hold responsible. Those conflicts would not be taken to regular courts but to a special dispute settlement tribunal. Mr Juncker is clearly opposed to such a provision.
From 26-29 November 2024, Both ENDS and its partners will host the Civil Society Forum on Investment Policies, Climate and Sustainable Development Goals in Entebbe, Uganda. Our colleagues Iván and Fernando explain the importance of this event: “Through this event, we aim to provide an in-depth perspective on the impact of current investment policies on climate and environmental issues, with a strong focus on the African continent.”
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.
Recently, India has terminated its bilateral investment treaties (BIT) with 57 countries, including the Netherlands. This means Dutch companies in India, and Indian companies in the Netherlands, can no longer make use of the controversial arbitration procedures called ISDS. According to Burghard Ilge from Both ENDS, India's action is a step in the right direction. However it is a missed opportunity that the Dutch government did not agree with this termination. This way, old investments stay protected for 15 years under the former BIT.
The government of Kenya has officially terminated its bilateral investment treaty (BIT) with the Netherlands, marking a significant win for economic justice and environmental protection. Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare. The Dutch Minister for Foreign Trade and Development recently confirmed that Kenya unilaterally ended the treaty in December 2023, rendering it inoperative from 11 June 2024. Kenya now joins South Africa, Tanzania, and Burkina Faso as the fourth African country to terminate its BIT with the Netherlands.
On 10 October, we’ll sound the alarm against TTIP: the Trans-Atlantic Trade and Investment Partnership. For years, the EU and the USA have negotiated behind closed doors to define the rules of the game for this bilateral treaty. Yet, it has only been a year since the Dutch are getting to know the consequences of TTIP.
TTIP means the disruption of existing regulation for the environment, labour and safety. Moreover, the promised economic growth is an illusion. Those are the clear-cut conclusions of various scientific studies.
