Both ENDS
The European Union's decision to exit the Energy Charter Treaty (ECT) is a landmark victory for climate action. For years, the ECT's Investor-State Dispute Settlement (ISDS) mechanism has enabled fossil fuel companies to challenge climate policies, hindering progress towards sustainability.
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.
Shell is suing the Netherlands in yet another attempt to evade its responsibility for decades of gas extraction in Groningen. For years, gas production has triggered earthquakes, damaged over a hundred thousand homes, and left residents living in prolonged insecurity, still waiting for repairs, reinforcement, and justice.
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.
