Kenya Terminates Bilateral Investment Treaty with the Netherlands

Standing in Belém during COP30, I felt the weight of the moment. We came to the Amazon hoping for decisive progress on phasing out fossil fuels, yet the final outcome fell far short of the ambition science and justice demand. The agreement brought welcome commitments on adaptation finance and global indicators, but it refused to confront the structural forces that make climate action so difficult.

SOMO and Both ENDS strongly condemn the newly revealed investor-state dispute settlement (ISDS) case filed by Petrogas, an Omani oil and gas company operating two shallow-water gas fields in the Dutch North Sea, against the Netherlands under the Netherlands-Oman bilateral investment treaty (BIT).

Both ENDS is present at COP30 to advocate for genuine access to climate finance for locally led, gender-just climate solutions and the mechanisms that facilitate this, including those for farmer-led restoration. Furthermore, the organisation participates to ensure the crucial connection between the climate negotiations and the trade and investment frameworks that shape them.

Learn more about the Both ENDS team at COP30 below, and find all the activities and side-events in which Both ENDS will participate.

Recently, many newspapers have written about Brussels’ rush to finalize the trade agreement between the EU and the South American Mercosur countries. According to the European Commission, national parliaments do not need to approve it because the trade part and the “political” part have been separated. This “splitting” means that the trade part can be approved as an EU-only decision by the European Council and the European Parliament, while national parliaments are sidelined and the political-cooperation part is postponed. Both ENDS and its partners are deeply concerned and are calling on the Dutch government to vote against this outdated agreement.

On September 23th the European Union and Indonesia concluded their negotiations of the EU-Indonesia Comprehensive Economic Partnership Agreement (CEPA), a free trade agreement between the EU and Indonesia. Both ENDS condemns this agreement for favoring corporate interests over those of local communities and the environment.

A recent report by Wageningen Economic Research (WER) on the economic consequences of the trade agreement between the EU and Mercosur confirms what civil society organizations, policymakers, and trade unions have been signaling for years: this agreement does not offer a balanced perspective for farmers and the environment. Instead, it increases power inequalities and shifts burdens onto (small-scale) farmers. Moreover, the deal risks reinforcing unsustainable practices that complicate the climate transition and addressing environmental challenges in both the EU and Mercosur countries.

Photo blog - In June, I travelled to Indonesia with our partner organization Puanifesto to research the impacts of nickel mining in East Sulawesi. On July 13th, the news broke that the European Union and Indonesia have reached a political agreement on a free trade agreement that was years in the making, called the Comprehensive Economic Partnership Agreement (CEPA). Nickel from Sulawesi is already being used in European cars. This makes it all the more important that we ensure that human and environmental rights are secured in mining and refining operations in Indonesia, before the road is opened to more extraction and exploitation for the European market. The conversations we have had with communities and workers on East Sulawesi show that more binding regulations are necessary to make this happen and ensure an energy transition that is socially and environmentally just.

The trade agreement with South America is harmful to farmers, the climate, and biodiversity, on both sides of the Atlantic. It’s time to take this deal off the table once and for all, argues Fernando Hernandez, Senior Policy Officer for Trade and Investment at Both ENDS.

This article is only available in Dutch