The European Commission has published the final text of the EU-Singapore trade agreement. 1 Chapter eight contains implicit and explicit cross-border data flow commitments, with insufficient safeguards. This makes the agreement incompatible with the EU fundamental right to data protection. Noteworthy, a few months ago the EU commission adopted a new, stronger, data protection safeguard for use in trade agreements. The EU-Singapore trade agreement text does not contain this stronger safeguard.
EU Court of Justice’s Advocate General (AG) Melchior Wathelet finds that investor-to-state dispute settlement (ISDS) agreements between EU countries are compatible with the EU treaties. (Opinion in the Achmea v. Slovak republic, the ruling of the Court will follow later.) ISDS gives private parties access to the supranational level to challenge government decisions. The AG sees the ISDS tribunal in question as a court or tribunal common to two EU Member States. Unfortunately, as I will explain below, in his Opinion the AG disregards known issues and options. I will argue that if the AG wouldn’t have disregarded these issues and options, he couldn’t have reached his conclusion.
London, 9th March 2017 – Companies across UK have expressed their opposition to an attempt to ratify the Unitary Patent treaty which is neither desirable for British software companies nor compatible with Brexit. They call for an urgent debate in the House of Lords and in the Scottish Parliament. After years of intense lobbying by large corporations, as well as their patent lawyers, progress was made towards a Unitary Patent Court (UPC) that would not only facilitate expansion of patent scope to software but also usher in so-called ‘patent trolls’. The Unitary Patent Court will have pan-european authority to impose injunctions, royalties for supposed damages from British companies. This represents an existential threat to many British companies, which foreign companies are hoping to thwart or cripple using patents.
This position paper is the attachment to the FFII submission to the public consultation on a multilateral reform of investment dispute resolution. (blog, pdf)
A multilateral investment court (MIC) would strengthen investments vis-à-vis democracy and fundamental rights. This undermines our values, ability to reform, and ability to respond to crises, including climate change. Investor-to-state dispute settlement (ISDS) gives private parties access to the supranational level. This discriminates against companies operating locally and comes with systemic issues which create a high risk of expansive interpretations of investors’ rights.
The European Commission has launched a consultation on an investor-to-state dispute settlement (ISDS) variant: a multilateral investment court. 1 The consultation is flawed; it is so narrow that social and environmental impacts may not show up in the consultation results. This is irresponsible, as the system as a whole will strengthen investments vis-à-vis democracy and fundamental rights. This undermines our values, ability to reform, and ability to respond to crises, including climate change. Mankind faces an existential threat and the commission buries its head in the sand.
Update: The European Parliament gave consent to CETA. It failed to defend democracy. Now national parliaments will have to decide on CETA. There may also be referendums and court cases. See also EDRi’s press release; procedure file; INTA report; roll call vote (point 1, A8-0009/2017).
This FFII position paper provides feedback on the inception impact assessment “Convention to establish a multilateral court on investment” (IIA). See below or the pdf. For the related consultation see here. The IIA’s baseline scenario – what will happen without policy changes – is just one sentence long and does not expect a multilateral investment court (MIC) to have social or environmental impacts. The paper presents more comprehensive baseline and multilateral investment court scenarios.
The European Commission has launched a consultation on an investor-to-state dispute settlement (ISDS) variant: a multilateral investment court. 1 In an email the commission confirms the consultation has a narrow scope. The commission does not want feedback on the system as a whole. This way the system’s social and environmental impacts may go unmentioned in the consultation results. This is irresponsible, as the system as a whole will strengthen investments vis-à-vis democracy and fundamental rights This undermines our values and ability to respond to crises, including climate change.
The EU commission has launched a consultation on a multilateral investment court (MIC), an investor-to-state dispute settlement (ISDS) variant. 1 The commission does not expect a multilateral investment court to cause social or environmental impacts. 2 This is remarkable as the current ISDS system causes serious impacts. And even worse, the consultation seems designed to obscure the social and environmental impacts. In an email to the commission I explained the issues and asked to publish a more meaningful Inception Impact Assessment and consultation.
The European Commission has launched a consultation on a multilateral investment court (MIC). The MIC would be a successor to investor-to-state dispute settlement (ISDS). Mankind faces an existential threat: climate change. The data is disconcerting and shows our societies are not on top of the issue. Further reforms are needed; reforms will harm vested interests.
ECORYS published a final draft human rights assessment of the trade agreement with the US (TTIP). The official name is a Trade Sustainability Impact Assessment (TSIA). I provided feedback on an earlier draft, see here. In my opinion, the final draft is disappointing. I will give two examples.