As you are aware, 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.
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 we 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.
We hope that the report will provide campaigners and activists with useful ammunition against the European Commission’s PR effort to keep expanding dangerous corporate privileges.
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 summary here: https://www.tni.org/files/publication-downloads/execsum-icstest-eng.pdf