News

The European Commission claims that the new approach on investment protection – outlined in the Investment Court System (ICS) introduced in TTIP, CETA and the EU-Vietnam FTA – fully protects the governments’ right to regulate.

However a new report by the Transnational Institute, Friends of the Earth Europe, Corporate Europe Observatory, Forum Umwelt und Entwicklung, and the Canadian Centre for Policy Alternatives puts that claim to the test by examining five of the most controversial and iconic ISDS cases in recent years: Philip Morris vs Uruguay, TransCanada vs USA, Lone Pine vs Canada, Vattenfall vs Germany and Bilcon vs Canada.
 
After close analysis of each case against the proposed rules the research found that every single one of these controversial disputes could still be launched - and likely prosper - under ICS. In other words, (put to the test) the Investment Court System would fail to prevent corporate attacks on health and the environment from happening again.
 

Also today, the UN expert Alfred de Zayas told the Council of Europe in Strasburg that the ISDS mechanisms undermine rule of law and democracy in Europe, which is reinforcing the findings of the newly published report. For more details, click on the news: here.

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You can find the report "Investment Court System put to the test. New EU proposal will perpetuate investors’ attacks on health and environment" (EN) here: https://www.tni.org/icstest

Executive summaries are available in:
English:  https://www.tni.org/files/publication-downloads/execsum-icstest-eng.pdf
Spanish: https://www.tni.org/files/publication-downloads/tniexecutive_summary_ics...
French:   https://www.tni.org/files/publication-downloads/execsum-icstest-fr.pdf
German: https://www.tni.org/files/publication-downloads/execsum-icstest-de-1.pdf

We’d be very grateful if you would help us disseminate the findings as widely as possible.
•     Link to the report from your website. You can download it from: https://www.tni.org/icstest
•     Forward this email to your networks and contacts/members
•     Post or like the report on facebook: http://bit.ly/23HHSOT
•     Help spread the word through twitter. If you would like to re-tweet, see today tweets from @TNInstitute and @foeeurope. Here are also a few sample tweets that you can use:

o    Investment court system in #TTIP & #CETA won’t prevent attacks on health & environment #ISDS 
o    Study shows most controversial #ISDS cases can proceed under EU Investment Court System
o    #Vattenfall vs Germany #ISDS case will still be possible under EU Investment Court System
o    Veto on #keystone-like pipelines can lead to #ISDS attacks under EU Investment Court System
o    EU Investment Court System remains #ISDS under another name: here are 5 examples why
o    New evidence shows EU Investment Court System (new #ISDS) does not protect governments’ right to regulate 
o    EU promised to prevent corporate attacks on health & environment. New study puts 'reforms' to the test #ISDS 

See also here the ETUC position on the EU Commission Investment Court System Proposal: https://www.etuc.org/documents/etuc-position-commissions-proposal-invest...