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 Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare.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 November 12th, a new ruling will be issued by the Court of Appeal in The Hague in the climate case against Shell, in which Both ENDS is a co-plaintiff. Ahead of this ruling, we asked our partners why this Dutch lawsuit is important for the Global South.