investor-state disputes | ISDS
Investor-state dispute settlement (ISDS) refers to a way of handling conflicts under international investment agreements whereby companies from one party are allowed to sue the government of another party. This means they can file a complaint and seek compensation for damages. Many BITs and investment chapters of FTAs allow for this if the investor’s expectation of a profit has been negatively affected by some action that the host government took, such as changing a policy. The dispute is normally handled not in a public court but through a private abritration panel. The usual venues where these proceedings take place are the International Centre for Settlement of Investment Disputes (World Bank), the International Chamber of Commerce, the United Nations Commission on International Trade Law or the International Court of Justice.
ISDS is a hot topic right now because it is being challenged very strongly by concerned citizens in the context of the EU-US TTIP negotiations, the TransPacific Partnership talks and the CETA deal between Canada and the EU.
African countries are increasingly becoming signatories to the ECT potentially tying the hands of government to freely design their climate policies.
Climate, Environment, Sustainable Development, and Green Deal Minister Zakia Khattabi reiterated her support for Belgium’s withdrawal from the Energy Charter Treaty during the EU’s Environmental Council meeting.
Slovenia will follow the lead of countries such as the Netherlands, Spain and France and very likely withdraw from the Energy Charter Treaty, Infrastructure Minister Bojan Kumer announced.
France, Germany and Spain plan to leave the controversial investment pact, putting a whole system of dirty energy protections into play.
A tribunal operating under the World Bank has ruled in favor of ten companies that initiated arbitration with the argument that Romania violated the Energy Charter Treaty by lowering incentives for their solar power plants.
Quitting the ECT, which protects fossil fuel investors from policy changes that might threaten their profits, was ‘coherent’ with Paris climate deal, Macron said.
Signing the ECT would give the transnational companies in the energy sector a weapon to re-colonise Nigeria, as it would also be incompatible with Nigeria’s economic diversification aspirations.
The Netherlands is leaving a controversial energy treaty because it conflicts with Paris climate accord commitments, energy minister Rob Jetten said
We have produced a detailed study/story of NAFTA, with its eternal wake of treatises and agreements, its effects, and the tools to analyse and organise resistance against the impacts of FTAs.
Spain has initiated proceedings to withdraw from the Energy Charter Treaty, signed by 53 countries and in force since 1998, designed to protect foreign investment in energy infrastructure.
Transform Trade charity says British-based companies are among main bringers of cases based on bilateral investment treaties.
Pakistani government decides to avoid future investment treaties and cancels agreements posing legal risks.
South Korea has spent nearly 68.5 billion won ($48.1 million) in total to fight and settle investor-state dispute settlements since 2013,#including its battle with US-based private equity firm Lone Star, data showed.
The impacts that TPP-11 will have then must be analyzed in an integral way, not by chapters. For years now, from various academic and social sectors, we have been explaining that agreements such as the TPP-11 are negative in their entirety.
The recent experience of the countries that have already ratified the TPP-11 and begun to operate, has demonstrated the character of this treaty and its pro-business tribunals, which is nothing more than an insurance for large corporations on their profits and markets.
The South Korean government is found to have spent nearly $40 million in litigation expenses for its decade-long legal dispute against US private equity firm Lone Star Funds.
This report sheds light on Nigeria’s investment protection regime and its consequences for one of Africa’s biggest countries.
The trade agreement disempowers the European Parliament and strengthens the influence of corporations.
In a repeated-interaction setting ISDS is prone to collusion to the benefit of all parties except the host states, study shows.
Australia deal and Energy Charter Treaty show why we must be able to hold government accountable for trade.