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OpenTechSummit 2015 Berlin May 14

The OpenTechSummit will take place for the first time in Berlin on May 14, 2015 with the Foundation for a Free Information Infrastructure as a core partner and supporter. The Free and Open Source technology event brings together policy makers, developers, start-ups, and contributors.

France proposes empty ISDS reforms

The French government published a proposal for investor-to-state dispute settlement (ISDS) reforms: Towards a new way to settle disputes between states and investors, May 2015. (pdf, French: Le Monde)

Summary

The French proposal would grant for-profit arbitrators, working in a system that creates perverse incentives, vast discretionary powers. This creates a serious risk on expansionist interpretations. Foreign investors would be able to use this biased system to challenge governments. As it is practically impossible to withdraw from trade agreements, the EU would be locked in. Continue Reading →

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A week of fundamental critique on trade negotiations

Last week the European Parliament postponed the vote on a resolution on the EU-US trade agreement (TTIP). The vote was postponed because many social democratic members oppose investor-to-state dispute settlement (ISDS). The US House voted a fast-track package down. This week various authors criticised fundamental aspects of ongoing trade negotiations. The geopolitical argument: China

Lawrence Summers and George Soros pointed out that the use of anti-China language is dangerous. Continue Reading →

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S&D ISDS amendments are seriously broken

Wednesday the European Parliament will vote on a resolution on TTIP, the agreement with the US under negotiation. The EU commission wants to add investor-to-state dispute settlement, or ISDS, to this agreement. This would give foreign investors the right to bypass local courts. In the resolution the Parliament will express its view on TTIP and ISDS. Here is the text of the draft resolution (the report of the trade committee) and the amendments; on ISDS the social democrats (S&D) tabled amendments 114-116. Continue Reading →

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ISDS: diplomatic blunder Malmström threatens democracy and privacy

The EU commission published a concept paper on investor-to-state dispute settlement (ISDS). In my opinion the plans are a diplomatic blunder which threatens our democracy and privacy. ISDS would give foreign investors – and only foreign investors – the right to bypass local courts and challenge governments before supranational investment tribunals. ISDS “solves” incidental discrimination against foreign investors through structural discrimination against local investors, governments and citizens. The commission wants to go ahead with the trade agreements with Canada and Singapore. Continue Reading →

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ISDS Mantra

“Debating Europe” asked the Commissioner Malmström:
Can #TTIP negotiations proceed without the #ISDS mechanism? It is a very good question which the Commissioner did not answer. Here is my answer:
ISDS is just an enforcement layer and does not affect substantive elements. Thus we could do without. Historically, lack of enforcement layers was an academic critical talking point against the GATT process. Continue Reading →

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Malmström has no idea how TTIP affects patenting

EU Trade Commissioner Malmström addressed a question from MEP Adam Gierek on TTIP effects on transatlantic patentability differences. The Commissioner did not actually answer the question of the Polish social democrat and responded with routine information: “Notwithstanding patent protection granted by US law to computer programs, our current international obligations ensure copyright protection in both parties.”

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The German Störerhaftung of Wifi

It does not feel good when you are exposed to risks. Exactly this happens, exposure to potential liabilities, when you share your Wifi connection in Germany with others. Störerhaftung, secondary liability. As a result you hardly find public open wifi spots anymore as we used to have them all over Germany in the early days.  The legal situation is actually quite mixed and the government prepared a new draft law that would not resolve the issue. In the case of the FFII e.V. it went like this, we had an open wifi in the office even when it was starting to get uncommon. Continue Reading →

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TPP ISDS is rigged to advantage U.S.

Wikileaks has released the “Investment Chapter” from the secret negotiations of the TPP (Trans-Pacific Partnership) agreement. It contains the highly controversial investor-to-state dispute settlement mechanism (ISDS), which makes it possible for multinational to sue states for international tribunals. For a first analysis see Public Citizen. I will point out one aspect of the TPP ISDS section: it is rigged to the advantage of the U.S.

Rigged

The International Centre for Settlement of Investment Disputes (ICSID) is the most used ISDS forum. Investors can choose this forum: article II.18.3 (a) and (b) TPP ISDS text. Continue Reading →

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International investment court plan threatens our democracy

The European Commission investigates a permanent international investment court as a replacement of the controversial investor-to-state dispute settlement mechanism (ISDS). The plan for a court and the road map towards it are fundamentally flawed. To protect our democracy the European Parliament has to reject both ISDS and court. Former vice-president of the European Commission in charge of justice and now member of the European Parliament international trade committee Viviane Reding proposed to replace ISDS with a permanent international investment court. Commissioner for Trade Malmström supports the idea. Continue Reading →

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Commissioner Malmström defends rigged ISDS in CETA

Today EU commissioner Malmström gave a speech in the European Parliament trade committee on investor-to-state dispute settlement (ISDS). ISDS gives foreign investors the right to use arbitration against states, instead of using local courts. Malmström made clear that she does not want to change the trade agreement with Canada (CETA), which contains a highly controversial ISDS section. The CETA text was used for the ISDS consultation. If CETA is ratified, multinationals from the US and other countries will be able to use the ISDS mechanism in CETA against the EU and its member states. Continue Reading →

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