Autumn 2016 across europe tens of thousands mobilize against planned free trade deals with the u. S. And canada belgiums will only a region as blocking sita a major european pact with canada trusting the 11 into crisis i am not that man and is focused on a little known provision routinely included in trade deals that allows Foreign Investors to bring investment disputes before an International Arbitration tribunal and multinational corporations to sue sovereign states for billions of dollars. But these tribunals who handles their cases and who represent the interests of the people after all its taxpayers who foot the bill. To get a clearer picture we delve deeper into an appendix system that circumvents National Courts and effectively hands Foreign Investors the power to dick. Hates the policies of democratically elected governments every nation is one ruble whether its an Industrial Power or a developing country investor lawsuits against states impact everything from human rights and health to public finances and the environment this report sheds light on the extraordinary power of International Arbitration tribunals. Are and. Close. 2 2 in colombia deep inside the amazon rain forest the Canadian Mining Company because ego was set on extracting gold along the a porous river. It singled out a sacred site on the Ancestral Lands of 7 indigenous groups. But as part of Environmental Protection measures the colombian government designated the region as a National Park in 2009 that put a stop to cacique its plants 2. For years the company tried to negotiate with the colombian government then in 2016 undress rendell cacique as chief operating officer moved a dispute to the International Arena together with cacique as u. S. Park not to be Mining Energy he filed suit against columbia in a court of arbitration i personally did not know of the option of International Arbitration where it will always heard of the world court but we do know of my time at only believe that was between 2 governments that were debating things. But the ability to take our case to the International Court of arbitration was a welcome relief for our shareholders to know that we dont have to depend on maybe some emotional sentiment by a judge in some rural location who is being pressured by his local. Mayor. Underspend of found a suitable attorney to represent his company in paris. A corporate lawyer a specialist in arbitration ringback ringback. Somewhere in the middle of course. Your attrition. Theres igniting all of the 3 or big critters that will consider the Arbitration Panel this should still take a few weeks at least at ground 0 and i believe columbia well challenge the jurisdiction of the courts of the court below to. Make decision on this were confident and and then we will really move to z. Yes the case yeah hopefully hopefully theyre crossing fingers theyll be productive would be nice. To see goals starts to face difficulties with this debate going on between the ministry of mines and energy and the ministry of environment we found ourselves with the inability to work or whatever because shareholders from texas took the mining and energy motivated the company to seek. Arbitration as a way of solving this dispute of this difficulty between the colombian government as a whole and the company. Just continue to conduct i think whats noteworthy about this case is that cosequin had already been granted a mining boom made by the state mining authours. And suddenly from one day to the next the company is told the area is now closed you were allowed to conduct ground exploration for 10 years but now your license is no longer valid you dont wish to can you prove it on. A lot b. O. It should have been a mature country and because colombia signed big the free trade agreements colombia need to understand that they had to respect the agreements so that investors money would not be lost or stolen. There was a lot of money and a lot of effort and a lot of motivation from small investors getting together small investors to combine our resources and work under the colombian government regulation to help the ministry of mines find assets for the colombian people. Most of whom can you show me the contractual cool. As on direct and in direct expropriations again. These are the rules of arbitration to fit more of the law of course to a state has the right to change its policies it can even nationalize assets if it wants to. These trade agreements dont rule such measures out. The agreements laid out clear rules that must be taken into account. Than on. Most free trade agreements include the provision of investor state dispute settlement. This clause is designed to protect Foreign Investors and allow them to seek redress from a country when its business interests are expropriated or otherwise unfairly harmed by a countrys laws or policies. Of always in the trade agreements are designed to Foster Economic Development to that end investors need to be given reassurances in the agreements need to be deep a little solace in the event of a dispute between an investor and a state the power of the participating state cannot dominate proceedings it must be possible to call upon a judge the International Arbitrator between tennis and. These arbitrators are not judges and National Courts the private sector attorneys who wear different hats on a 3 member panel alternatively in the role of presiding arbitrator counsel for the state counsel for the investor. These highly paid lawyers often belong to elite nor firms that have much to gain from the lucrative investment operation business. They operate in strict secrecy and often side with investors even in cases where investors seem entitled to compensation are such prohibitive payouts in the interest of the affected population. When we were beginning to enjoy the area the northern native tribes wanted to develop the might of the Southern Group who was not in the might was not on the area were motivated by the n. G. O. S and for any geos named guy and they were voted to go against the might so they tried to set up sacred sites on a map. By discussing with certain spiritual leaders that they were motivating to declare sacred sites but none of the sacred sites that they had identified are anywhere near the proposed might say. We dont understand what the big deal is why dont we just come to a currency in the su and as he said in spanish why dont we just agree because if that mind could be developed all the 1st nations people would have employment by having their own salaries can provide a lot better Economic Conditions because then you can search planning things and you can start buying refrigerators then you dont have to waste your meat you dont have to keep going out every day and replenishing your food and women can then start considering education. What they all want to do is have an increased selfreliance and not depend on the white man but nonindigenous government to come home to. The local use of that and yet the plane came 3 times. We had only just birds came to drop their reports geologists biologists and you get on here a little below go even the big boss came. And with it out of this under. It here. And there then the. Belmont and the on one knee and then we were all assigned different tack spots to guide them around the area some accompany biologists i guided a geologist. We followed the path and every 100 meters hed pick up a rock smash it and put it in his pocket. And we discovered that they really is gold in the region. What do they suggest. That they told us if they could mine gold in this area we would get one percent of the profits. That if. Nobody from cosi go talked about the project drawbacks to go down the they said they would only cut down trees on an area of 2 square meters. Or drill a hole install their machine. Begin and plant new trees. I said but out of this. The National Park the protects the ancestral territories of indigenous groups was established with the assistance of the n. G. O. S guy and as one us now snotty is a member of the organization and regularly visits local communities to support them and their fight against the exploitation of their land. Their thinking is same but they told us this company would help our communities adequately and that if they said it would bring us many benefits that bad bad economy by that i mean that by working in the mine we could and so much that we could buy a house of colombia and imo as you know news of this area wed read many rewards yet. You were also in the area of choco think your did your yes and i learned one thing we must never again allow a Multinational Company to exploit the area of the poorest the lungs of our planet in a moment. Our ancestors described the water there as bryce and clear today its a garbage dump. Theres no life left in the water there are unused machines everywhere and huge excavators still in operation and lets not forget the minus only a little. If 1st before you decide it is the center of wisdom science and the power of this continent one thing when. One wasnt. The birth of a child we celebrate a kind of baptism people all of these places are essential for this ceremony because its their power and wisdom that promotes the growth and intelligence of a newborn child up to see 6 see if i see the energy of these places strengthens the childs connection to nature even better is why these holy sites are of great importance to us but theyre the source of our songs and dances from there the place where were from disease because you and i you died by our youth they look with us you an. Indigenous communities who live here in the forest belong to a dozen different ethnic groups but they all share the same beliefs about the origin of the world. They view the numerous sacred sites of that im just as after living organisms in a ceremony the shaman mentally tools a line that connects all of these sites its the power of healing and it must remain intact and never be severed. So look you have waited to hear that by now that our ancestors describe the earth as a small sphere a floating on water and i said by this wonder jungle it is a rock floating on the waters that it can sink very quickly. And this place is like the hardest phone or 4th pillar that maintains equilibrium of the earth thought it so would it feel to you that if we allow this place to be exploited he said you know they have and we move one step closer to the end of the world and was put on the top row eskimo across the mouth in mice miles from our cottage and. Youre. The. Members of the local communities were not always united in their rejection of the mine. And just rendell promised them financial advantages and a better life. Some Indigenous Leaders mostly elderly opposed mining from the outset but others were tempted to accept rendel small gifts. Today a meeting has been called representatives of different tribes are gathering in the Traditional Assembly house theyre concerned about a lawsuit filed by can see go on to preparing a statement addressed to the colombian government. In it they confirm their determination to resist attempts to mine gold on their territory. Care manager hello welcome i want to talk about the gold and get my opinion from a woman standpoint i know that yet economically of taking. Him out now should we work in the mind of anybody could ever say that they would have a headache america anybody why should we do expect all the time. To get back to what occurred well it was certainly i did yeah my looking at it. A little bit of everybody although you already heard this one as are all our origin. And this land harbors Raw Materials that we call gems theyre not disgusted and degree of this land must not be exploited i think a little more than he does your way amount of new york into the better by we the ethnic groups of this region have come together. This is where you have decided together. That we will not work in the mines in the north of 30000 and that we will defend our territory we dont need anyone the message. The only one that. Came with living in. The indigenous communities worldview is diametrically opposed to that of the mining company. The former want to protect their intangible Cultural Heritage and right to selfdetermination the latter of focused on their profits and how they can extract gold from the depths of the amazon rain forest. The heavy yeah here it began rather than the what i met with the socalled gator pleasures charge tolls are correct it was just too bad you dont like it so. This is called d. M. We can do what we want but i promise that you stand it you solicit it out she said yes she did but we decided to park on there at your last. Visit gender standers were tameka if we city received for 60000000 because thats the biggest iron or gold mine buying in all columbia tabi in all of Us South America i very positive economy is going to loose the issues i care about easy going to be 60 bathers that got a decent number right updated 68 i bet its closer to you when its all. 16000000000. 00. For a few studies and expeditions into the amazon even 16000000. 00 a some 1000. 00 times smaller would be a shindig compensation figure or is columbia being asked to pay for the loss of expected profits either way it smacks of speculation. Then it is the hope of getting to the colombian government helping them to all citizens. It needs a sound meaningful. Yeah we have to get it right before we send it. To the secretary will check over everything and analyse. The illicit make that it is our declaration that is to the colombian government to all citizens the media and all interested parties at home and abroad we hereby declare money 1st that we forbid any kind of mineral extraction on our territory because practice does not correspond to our customs and traditions our lives are governed by the laws of our ancestors and by the spiritual and cultural agreements between our communities to be honest with you that it is the listeners and their last words. Of. The time to hit the road together with the other indigenous communities. One kind of party out of their representatives that you corey share porus resign or present the declaration at the forum of Indigenous Peoples organized by the government in bogota. Alongside Indigenous Community members the meeting is also being attended by University Experts n. G. O. S and government representatives. The forum am still supports of americas indigenous communities and both of their rights that includes the right to being heard about any plans for projects that affect their lifes. More than a 1000 delegates are attending the forum. You can look at but theres a Corporate Responsibility that is not an option that you. Can call us profit or urges all communities to stand together to strengthen their autonomy and ward off mining and tourism projects. Economic complying with the rules of conduct also cannot be optional were talking here about the right to be heard about Corporate Responsibility and the minimum standards of ethics that Companies Must abide by his idea. That he had to wants this information to reach a wide audience that. Is. All the more. And the offices of the ngo gaia inmates mark over last kess a lawyer specialized in International Corporate law and human rights seem to me. A company cant just say the colombian state which we were going to help build schools and other things as a 16500000000. 00 in the year to do it makes all their plans look like just an excuse to get rich from the outset was brought up on the basis of our partners is that no one can verify they cant put a price tag on their assumed profits because they simply dont know what those profits would have been in your book you know. And you some can see and can not go on to receive a know very well them never get 16500000000. 00 i just put that some out then wait and see how much they can get out of it because you get open a business that is years of putting together in the bin laden so i would suggest the following is that we need to present information at the arbitration that neither the company nor the colombian state can provide a list of your getting them here mark of alaska is alarmed by the lawsuits brought against his country by Foreign Companies his public. Numerous articles and this writing a book on the subject. In toronto he meets up with his former ph d. Supervisor comes from the heart and to discuss the upcoming proceedings. Just one hot as an expert on International Investment law and a prominent critic of the system of investor state dispute settlement hes been warning of its dangers for yes. Growing 5 of the last weeks have been like a roller coaster in colombia and these claim. The one i wanted to talk to you about the one. For us a go yet of in any case yes 16000000000 u. S. I would say 20 percent of colombias National Public budget it was quite surprising because public authorities were saying that the agreements negotiated were positive for the corn 3 and that for investors would never start a claim in the contrary in these very moment but it is what happened at the end why is that colombian law is not good enough for these Foreign Investors it is not the case that colombia has a weak data sheets were trying to solve our problems were trying to become a more stable country and we have the means to do it but with these type of cases all our efforts to reach durable peace are put into question its not the 1st country to be surprised by a foreign investor claims these treaties are like a ticking time bomb for taxpayer sooner or later the so theres not a lot of public discussion of these cases not at all as well likewise i have a column in the newspaper and i try to open the gate but the only thing i got from them was about the berg. Permanent ignorance thats because its embarrassing to the trade department to see these treaties that they negotiated being used against the country if youre a foreign investor and you want leverage against the government of course you would have an interest in many cases to keep it all confidential because if you keep it confidential and the government keeps a confidential then they can do deals and i very much appreciate the research are doing in colombia because we need people like you in countries all over the world to understand how this system is being implemented not just in the arbitration documents but in the back story. October 2016 europeans take to the streets to protest the lack of transparency in proposed International Agreements specifically teach it the free trade and Investment Agreement between europe and the u. S. And see the comprehensive economic and trade agreement between the e. U. And canada both treaties into provisions for investment up a transition critics say the secrecy of the operation system is a threat to democracy everywhere. Ive looked there she acted in good faith weve always said that were not against a treaty with canada but if you dont want a private outracing under any circumstances we believe such disputes between companies and countries must be settled in public courts in the Public Interest the leader of belgium small region of wallonia small pertaining many to its geographic size is single handedly blocking the signing of the e. U. s free trade deal with canada i read too much 3500000 inhabitants stumbling in agreement that affects 500000000 europeans. Small european region standing its ground against the big e. U. In the interest of attracting Foreign Investors europe has agreed to include a provision in the treaty sanctioning the mechanism of investor state dispute settlement or i. S. T. s. The Building Block of this mechanism is the assumption that it deters governments from passing was that could trigger investor lawsuits. If a country privatizers a company that has a clear case of expropriation and warrants compensation. But if a state raises the minimum wage bans genetically modified organisms and a crime destructors its making decisions that can harm the value of a companys investments. That is viewed as indirect expropriation because the Company Stands to lose profits reason enough to file a suit against the country concerned in a private arbitration tribunals. My grandmother donald of suing florence i was the citys refusal to allow to open an outlet on piets adult ormal so mcdonalds sued the city of florence for damages again for investment that hasnt even been made yet for novices marking up. That our brains use. The term indirect expropriation written into cesar and most other trade deals opens a pandoras box it paves the way for corporate litigation against government decisions that even only potentially limit foreign investor profits International Arbitration tribunals are weapons used to subvert democratic decision making. And its also not describe these trade agreements as particle accelerators is that there are a certain mechanisms of globalisation and ultra liberalization and its you know cynical and. Benefits from these mechanisms the big winners of the multinationals the big loses are the citizens and the environment steve is this man says he can think of arbitration proceedings that allow investors to suicide day how there is great risk. And if this is Good Governance out of passing legislation in the Public Interest. Lets say there are plans to pass european legislation banning integral and disrupt is. An investor could threaten estates out youre welcome to pass these laws but we will father will see to get them because rust theyll result in a loss of profits because we use these substances in our products you know. Most of the consumer such threats will be a deterrent to european law makers think the more this will be given and that will lead to an erosion of Consumer Protection in europe one example this week in the little bit any Decision Makers will balk at taking certain action out of fear of being sanctions on the balance is already skewed between very powerful corporations and we can stakes and that asymmetry will only become more exacerbated. There on the brink of a massive expansion of the war for the rest of us. So what happens when we introduce a couple of new treaties like c. And the other big one is the Transpacific Partnership promoters of biased yes of long like to say well we already have 2 or 3000 of these trainees whats a couple more that combined with the c p p takes yes from still having a win or any role in the world to be calming and a startling lobel institution widely Foreign Investors have the most powerful right at the International Level of private harder in the world most people think about trade they think about goods and services being a stay. Aged between time trees and the vast cold hall of the investment chapter of a trade agreement is about something very different is about establishing a special system of International Protection for foreign assets its like creating a court for the world that protects only the Property Rights of 4 and the farmers are of course very easily in effect very companies or very wealthy individuals. Just one hearkens position is shared by a Large Community worldwide lawyers. N. G. O. S they all warn of the danger these agreements and upper tracing tribunals pones to citizens around the world. Leader of the case is Different Solutions if an investor feels unfairly harmed which can happen they should have access to a state cool evil they thought it is in a better position to balance the financial and economic interests of the investor against the general interests of the public who are directly affected by state regulation sticky its essential to maintain this balance of power. And investment up a trace in proceedings large corporations can assert their will for the most part in utmost secrecy. Secrecy dont honey obscures the process from the public its the very foundation of this parallel Justice System that forces states to agree to settlements and way that is detrimental to the interests of the public and the environment. Take this case in europe and 2009 Swedish Energy giant of one of europes Largest Energy producers filed a lawsuit against germany over dispute with the city of hamburg. The case was kept under wraps for years until it was on earth by marcus craft an expert in International Law at the university of new york back. Every tradition are secret because no progress the parties from the go sitting or anything and then in the public hearing they will say whatever they say but the real negotiations will take place outside. In 2007 hamburg granted vattenfall a temporary permit to operate the new more bore coal fired power plant after municipal elections the following year the greens entered government and under pressure from residents and environmental groups imposed strict conditions on operating the plant these regulations aim to limit the plants use of river water and its impact on fish to get a permanent license but in fall would have to comply with these new measures. But not reaction it immediately sought arbitration seeking 1400000000 euros in damages. So youre making a claim to the public official saying your decision not to grant this permit will cost the taxpayer 1400000000. 00 euros and that thats thats a thats something that Public Officials think there is seriously the German Government and had secret negotiations with vattenfall that lasted until 2011 the monday it was announced a deal had been reached. This is very important the only publicly available information is that there is settled. End of the story. Marcus k. F. C. Has examined the tribunals decision in detail it refers to and i pick settlement which vattenfall in the city of hamburg a set of reached beforehand the cork. Board. And so thats when i said well if they reached a settlement in front of the rest the court in tampa then this is a piece of information that i can request and the federal government refused. But the city of hamburg sent it to. The city gave me a new permit which is less restrictive than the op thats the. Button for didnt want money buttons i wanted a change in the public and thats what they got its hard to believe but hundreds Environmental Agency headed by the greens lowered the Environmental Standards it previously imposed. I can just imagine the conversation that took place between the federal government of germany and the city of hamburg so the federal government said well look we signed this treaty we are bound by this internationally germany has International Obligations and you have to fulfill that we cant you cannot be cannot break International Law i mean this is also a powerful argument especially in democracies especially in countries like germany but all over the world so germany has also fallen into the trap laid by arbitration clauses in treaties that itself has ratified and bowed to blackmail from corporations. That settlement with vattenfall was signed in secrecy on march the 11th 2011. That same day a devastating earthquake rocked japan. Disaster shocked the world and profoundly changed policy and berlin shield by germanys 5 decade old anti need of meant a wave of protests and 450 cities underlined growing public opposition to Nuclear Power under pressure chancellor Angela Merkel made a decision the countrys planned phase out of Nuclear Energy would be brought forward. The matter snidely thing happens and then i engineered the traumatic events in japan where turning point for the world and for me personally it. Has forced us to acknowledge that the risks of Nuclear Energy cannot be mastered safely not even in a high tech country such as japan. Anyone who acknowledges the situation needs to reassess it and draw the necessary conclusions my focus she might change my attitude toward Nuclear Energy germany will cease using Nuclear Energy by 2022 in the thank you. Thank. The chancellors decision to exit Nuclear Power was written into law 4 months later the bundestag overwhelmingly backed the 15th amendment of the Nuclear Power act. Soon after germanys 7 Oldest Nuclear reactors were shut down they included the bones bottle and conall plants both operated by the swedish utility vattenfall. Responded by filing a complaint against the legislation at the Constitutional Court and caused germanys highest court of civil and criminal jurisdiction. As a foreign investor it also had the option of bringing germany to International Arbitration. The company had successfully taken this route before why not try again in may 2012 it submitted a separate claim against germanys Nuclear Phaseout this one at the u. S. Based International Center for settlement of investment disputes the i c s id proceedings and thats purely european case were held in washington good morning lesia interim i over here were still hearing dikshit case number they are being slashed 12 flesh 12. In a matter between one button for baby claimants and the federal republic of germany s respondents. The presiding arbitrator was all but young from a swedish attorney cuyahoga represented the claimant button and sabina connor represented the federal repub. Of germany. But in thought train 4700000000 euros in damages as a consequence of the 13th amendment claimants lost their production licenses for the criminal plant and for good and brooms between plant they were simply withdraw. To dispute does not concern germanys right as such to face up Nuclear Energy rather this dispute concerns the manner in which germany has chosen to implement its face of decision and its failure to probe to protect claimants investments in particular concerns germicide or to pay any compensation at all. The heart and so most Investor Protection treaties is to provide protection against expropriation. The difficulty however were the talk about indirect expropriation is to draw the line between expropriation of the one and legitimate governmental measures on the other. And there is no easy way to draw this line to make this distinction. So of course one could say that the protection that investors enjoy under the treaty is could influence how and what the state regulates. This. Is. That yes that. Means. More than just a face lift. The audi a 4 series how much innovation is under the hood. More than just a satisfying roar. Gun die either be passed back or. How fun is the new korean muscle car to drop. 30 w. Because like whats a season. Heroes dramas struggled. During the victorian defeats. Comebacks rising stars and good buddies focused everything that moved. To look but up to season. 16 of. The. Climate change. Sustainability. Environmental projects. Give globalisation affairs biodiversity species nontraditional exploitation equality. Human rights displacement cold chills the global uncurbed of local action. Global 3000. To jerusalems jewish yourself. Lomax to channel subscribers dont miss out. Human Rights Groups are warning of a humanitarian crisis as Syrian Forces close in on rebel held at lib province the offensive is the biggest escalation and fighting since last summer some 3000000 people live in it lib raising fears the fighting could trigger a new refugee exodus. A prayer vigil has been held for 12 people shot dead in a mass shooting in the u. S. State of virginia a 15 year and