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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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