Investment Court System put to the test
A group of researchers from five NGOs came together to assess whether the new EU proposal on investment will be as effective as the Commission claims in protecting 'the right to regulate'. The report found that on the contrary, ICS will actually perpetuate investors’ attacks on health and environment. The report reviewed five current cases including a chapter on ' Could Big Tobacco sue EU member states over anti-smoking legislation? The case of Philip Morris vs. Uruguay' and is available at these links in several languages:
Download:
Investment Court System put to the test(pdf, 440.22 KB)
Investment Court System put to the test - Executive Summary(pdf, 170.58 KB)
Executive Summary Spanish - Resumen (pdf, 651.24 KB)
Executive Summary French - Résumé(pdf, 169.86 KB)
Executive Summary German - Kurzfassung(pdf, 160.9 KB)
A group of researchers from five NGOs came together to assess whether the new EU proposal on investment will be as effective as the Commission claims in protecting 'the right to regulate'. The report found that on the contrary, ICS will actually perpetuate investors’ attacks on health and environment. The report reviewed five current cases including a chapter on ' Could Big Tobacco sue EU member states over anti-smoking legislation? The case of Philip Morris vs. Uruguay' and is available at these links in several languages:
Download:
Investment Court System put to the test(pdf, 440.22 KB)
Investment Court System put to the test - Executive Summary(pdf, 170.58 KB)
Executive Summary Spanish - Resumen (pdf, 651.24 KB)
Executive Summary French - Résumé(pdf, 169.86 KB)
Executive Summary German - Kurzfassung(pdf, 160.9 KB)
Health related arbitration cases
|
Most well-known cases include:
• Ethyl (US) vs. Canada: following Canada’s ban on the toxic petrol additive MMT, the US producer sued for US$201 million in compensation. In 1998, Canada agreed in a settlement to pay US$13 million and withdrew the ban (NAFTA invoked). • Eli Lilly (US) vs. Canada: the pharmaceutical corporation challenged Canada’s patent standards after Canadian courts invalidated the company’s supplementary patents for Strattera and Zyprexa, claiming the drugs were not sufficiently innovative. The investor is claiming C$500 million. Case pending (NAFTA invoked). • Dow Chemical (US) vs. Canada: the chemical corporation initiated a dispute for losses it alleged were caused by a Quebec provincial ban on lawn pesticides containing the active ingredient 2,4-D, classified as a possible carcinogen and one of the ingredients in Agent Orange, the herbicide widely used during the Vietnam war. In a settlement in 2011, the ban was sustained but Quebec was required to state that “products containing 2,4-D do not pose an unacceptable risk to human health or the environment provided that the instructions on their label are followed.” (NAFTA invoked.) |
investment protection: 280 CIVIL SOCIETY ORGANISATIONS RELEASE STATEMENT OPPOSING INVESTMENT PROTECTION IN TTIP
ISDS platform launched
A new website to help groups monitor, understand and work to defeat investor-state dispute settlement (ISDS) mechanisms in trade and investment agreements has been launched: http://isds.bilaterals.org. (Read more)
A new website to help groups monitor, understand and work to defeat investor-state dispute settlement (ISDS) mechanisms in trade and investment agreements has been launched: http://isds.bilaterals.org. (Read more)