Blog Archives

FFII condemns investor-to-state arbitration in trade talks with US

By Ante

FFII press release: Brussels, 14 June 2013 — The Foundation for a Free Information Infrastructure (FFII) condemns the inclusion of investor-to-state dispute settlement in the mandate for trade talks with the United States. Investor-to-state dispute settlement gives multinationals the possibility to sue states for special tribunals if changes in law may lead to lower profits than expected. This threatens democracy, the public interest and...

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EU Court allows more access to documents for companies than for citizens

By Ante

Corporate Europe Observatory writes (CEO): “Court ruling fails to stop business lobbies’ privileged access in EU-India trade talks In a ruling delivered today following a lawsuit by lobby watchdog Corporate Europe Observatory, the EU’s General Court in Luxembourg concludes that the European Commission did not violate EU rules when withholding information about the EU-India free trade talks from the public, even though it had...

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Positions on investor-to-state dispute settlement

By Ante

Dutch newspaper De Volkskrant today opens with an article on investor-state dispute settlement (ISDS), stating that ISDS can have far-reaching effects on EU environmental laws. De Volkskrant writes it has a leaked draft of the EU – Canada trade agreement. Jan Kleinheisterkamp of the London School of Economics says the concerns about ISDS are not unrealistic. He points to the Vattenfall – Germany case,...

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Vrijschrift Foundation rejects EU – US trade mandate

By Ante

The EU draft mandate for trade negotiations with the United States contains serious flaws and should rejected, according to the Vrijschrift Foundation. Vrijschrift writes this in a letter to the Chairman of the Dutch House Committee for Foreign Trade and Development Cooperation, Mr de Roon. The EU Member States are expected to grant the European Commission a mandate for trade negotiations with the United...

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European Parliament votes for fake openness in TTIP / TAFTA

By Ante

(Updated) The European Parliament adopted a resolution on EU trade and investment negotiations with the United States of America. All amendments to the resolution were rejected, and with this all amendments were rejected that asked for real openness, or asked for leaving investor to state dispute settlement out, or would have made an improvement on the paragraph on intellectual property rights. This is a...

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Think twice before signing investor to state dispute settlement treaties

By Ante

If countries do not want to defend themselves in investor to state dispute settlement (ISDR) cases, they better think twice before signing them, Mr H. Lee-Makiyama said yesterday. In that case, they better also think twice before giving the Commission a mandate to negotiate a trade agreement with the US, as they may not have a veto on the outcome. Mr Lee-Makiyama, director of...

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TTIP / TAFTA: Meaningful or fake transparency?

By Ante

Mr Daniel Caspary, European People’s Party (EPP) coordinator International Trade Committee, said this morning that looking at draft negotiation texts does not make any sense. This morning the EPP group in the European Parliament organised a breakfast debate on the proposed trade agreement with the US (TTIP / TAFTA). The most interesting remark was about transparency. Many speakers at the meeting pointed out transparency...

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Investor – state dispute settlement not compatible with EU Treaties

By Ante

In this blog post I will argue that investor – state dispute settlement (ISDS) is not compatible with the EU Treaties. Summary: EU laws have to be compatible with the EU Treaties (including human rights). International agreements do not change this, EU laws implementing international agreements have to be compatible with the EU Treaties as well. The EU Treaties establish a complete system of...

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