International trade and investment with respect for people and planet
The network of international trade and investment treaties is large and complex. The Netherlands alone has signed more than 70 bilateral investment treaties (BITs) and is party to the trade and investment agreements concluded by the EU, like the EU-Mercosur and EU-Indonesia trade deals.
The idea behind these agreements is positive: they should facilitate fair and equitable trade between the parties and promote international investments, which would be beneficial to all countries involved. Unfortunately, reality shows that the economically stronger party usually benefits the most and that, generally speaking, agreements are often especially disadvantageous to people and invironment in the Global South.
Binding agreements vs. voluntary social and environmental criteria
Unlike international agreements on the environment and human rights, economic treaties and rules are not only binding but can be enforced through penalties and trade sanctions. As a consequence, agreements on protection of people and the environment can be undermined by more binding agreements on trade and investment. Wealthier countries in particular try to push through provisions that are detrimental to their economically weaker trading partners. Some examples are the Energy Charter Treaty and ISDS clauses:
- The Energy Charter Treaty
The Energy Charter Treaty (ECT) is a trade and investment treaty which protects investments in the energy sector. Its provisions include the ability for fossil fuel investors to sue governments through private tribunals for multiple-billions of dollars if action on climate change and the environment damage their future profits. The EU left the ECT in 2024, but despite this, cases were still brought under this treaty in 2025, such as that of Exxon Mobile against the Dutch State for stopping gas extraction in Groningen. - Investment protection
A special investor-state dispute settlement (ISDS) clause in investment treaties can allow investors to get around the jurisdiction of national courts. New government measures, such as changes in national environmental legislation, can lead to substantial claims from investors who think the new rules may affect their profits. If the state has to take such potential claims into account every time it introduces new measures, this acts as a powerful brake on the introduction of new legislation, even if it is in the interest of society as a whole.
Scaling agroecology and local climate action by addressing current trade barriers
Agroecology is about a diverse set of agricultural practices, producing food in line with the values of nature and centred on the farmer. It is small-scale, circular, local, inclusive and fair. It aims to transform food systems towards greater ecological sustainability, social justice, and resilience.
Both ENDS and partners around the world support farmers and pastoralists practising agroecology. In doing so, we aim to scale local climate action such as agroecology by pro-actively addressing current trade barriers which harm or prevent agroecology to flourish. We analyse and provide recommendations for international trade models to ensure they support rather than hinder local resilient food systems to flourish, This way we can catalyse lasting, systemic change. One example of this work is about the UPOV 91 Convention:
- UPOV 91: Compromising farmers' right to save and sell seeds
The international Convention UPOV 91 is relatively unknown. But this treaty is quite problematic for smallholder farmers and agroecological approaches: by imposing intellectual property rights on seeds, it can restrict the farmers’ right to save and re-use seeds and undermine local seed systems. At the same time we note increased effort to include references to UPOV 91 in EU trade agreements, which would further aggravate the related problems.
Both ENDS and partners: jointly advocating for a future-proof trade model
Together with partners in the Netherlands, Europe and the Global South, Both ENDS is working on a different model for international trade: a model that benefits people and the environment rather than harming them. In 2024, together with 50 partners, we drew up the Entebbe Declaration - Reclaiming investment frameworks for people and the planet.
The declaration calls for the replacement of ISDS with mechanisms that respect state sovereignty and prioritise the welfare of people and the planet over corporate profits and insists that investment frameworks must actively support climate goals by promoting renewable energy, ending fossil fuel subsidies, and financing green transitions. The declaration also emphasises the importance of community-led development, technology transfer, and investments that create local value, and demands binding corporate accountability for human rights and environmental protection.
With the Entebbe Declaration in hand, Both ENDS and partners are bringing these points to policymakers around the world, including in the Netherlands, the EU and at key international forums of the Organisation for Economic Co-operation and Development, UN trade commissions (UNCTAD and UNCITRAL) and the World Trade Organization.
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Read more about this subject
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News / 6 October 2025From Entebbe to Accra: civil society is rewriting the rules of investment
By Fernando Hernández Espino and Bart-Jaap Verbeek
Almost a year after African civil society gathered in Uganda to adopt the Entebbe Declaration, the call to transform international investment governance continues to gain strength. From the 6th to the 9th of October, over 50 civil society organisations from across West Africa, including from Ghana, Senegal, Nigeria, Côte d’Ivoire, Cameroon, Gambia, Sierra Leone, as well as from Kenya and Latin America, are convening in Accra to deepen and operationalise the Declaration’s vision.
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News / 23 September 2025With the undemocratic splitting of the EU-Mercosur deal, Europe is missing the chance to lead on fair trade
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.
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News / 22 September 2025EU-Indonesia Trade Deal Threatens Communities and Environment
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.
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News / 11 September 2025EU-Mercosur: Small GDP Gain, Big Question Marks for Farmers and Democracy
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.
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Blog / 12 August 2025Nickel mining for the energy transition: who is accountable for the damage?
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.
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Blog / 17 July 2025A disaster for farmers: here and there
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.
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News / 5 June 2025Op-ed: New trading partners, but not on the same terms
Since President Trump's trade war and tariffs, international trade has once again been thrust into the spotlight. In Europe and the Netherlands, there are growing calls for new free trade agreements to be concluded as quickly as possible, as reflected in recent opinions in FD and de Volkskrant. But that is the wrong reflex, writes our colleague Marius Troost.
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Blog / 27 March 2025Fair trade and equal partnerships: only then can Kenya stand on its own
Several media outlets, including de Volkskrant, focused last week on the shift from “aid” to “trade,” partly in response to the state visit of the Dutch royal couple to Kenya. The idea is that it would be beneficial for Kenya to stand on its own two feet. A beautiful ideal—one I whole heartedly believe in. But this ideal can only become a reality if equality is at the heart of trade and international cooperation.
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News / 21 March 2025Dutch Royal couple visits Thogoto Forest: a green oasis on the outskirts of Nairobi
This week, King Willem-Alexander and Queen Máxima visited Thogoto Forest as part of their state visit to Kenya. They were able to see the impact of the work of our partner MCDI in the area: a restored forest, clean water and farmers who can earn a living by selling their agro-ecological products.
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Press release / 18 February 2025Trade deal fueling resource grab? 120+ groups from Europe and Indonesia sound the alarm
Brussels, 18 February 2025 - Over 120 civil society organizations and trade unions from Indonesia and Europe today call on the Indonesian government and the European Union to stop the negotiations for the Indonesia-EU free trade agreement – the Comprehensive Economic Partnership Agreement (CEPA).
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News / 22 January 2025 -
News / 19 December 2024Trading Away the Future: How the EU-Mercosur deal fails people and the planet - and what needs to be done
On December 6, the visit of European Commission President Ursula von der Leyen to the Mercosur Summit sealed the agreement on the final text of the EU-Mercosur Association Agreement. Both ENDS condemns this damaging agreement for undermining human rights, the environment, and democracy in Europe, and in Mercosur countries. Should the agreement be ratified as it stands, it will have devastating consequences for the environment, indigenous communities, family farming and small-scale farmers on both sides of the Atlantic.
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Letter / 9 December 2024
People and the Planet Entebbe Declaration: Reclaiming investment frameworks for people and the planet
The time for change is now. Civil society demands international investment
frameworks that are aligned with economic justice, social and environmental
sustainability, and the needs of communities worldwide. -
News / 26 November 2024The Time to Rethink Investment Rules: Amplifying Civil Society Voices
At the core of the Fair, Green, and Global (FGG) Alliance’s mission is the commitment to building a just and sustainable world. As members of this alliance, Both ENDS, SOMO, and the Transnational Institute (TNI) recognise the urgent need to reimagine global investment frameworks. These frameworks, entrenched in outdated treaties such as Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT), often prioritise corporate profits over human rights, environmental sustainability, and social justice.
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News / 25 November 2024Empowering Civil Society: Shaping investment policies for climate and sustainable development in Africa
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.”
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News / 11 November 2024Kenya Terminates Bilateral Investment Treaty with the Netherlands
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.
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News / 17 July 2024EU Exits Energy Charter Treaty (ECT): A Milestone for Climate Action
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.
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News / 12 March 2024Equality as a key for international trade
Trade has been in the global spotlight once again in recent times. Recently, ministers from around the world gathered in Abu Dhabi at the WTO for negotiations on world trade in the coming years. However, participants from civil society were silenced. Never before has their freedom been so severely restricted at the WTO. In a time when geopolitical tensions are escalating by the day, it is crucial to prioritize equality in international trade. -
Publication / 30 October 2023
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Publication / 23 May 2023
