TTIP: Might is Right – VPRO documentary – 2015

the discussion about TTIP the free trade agreement between Europe and the USA has exploded startin my American dream on this outside world perhaps the most acute breaking point in the TTIP negotiations is isds investor state dispute settlement with isds foreign companies can sue a country by means of new laws and regulations multinationals finding their profits under threat can claim billions of dollars from national governments if isds remains included in TTIP Europe and the Netherlands will be vulnerable to the American clean culture thanks to the small print in a trade agreement this is back light welcome to the free trade zone when we say free trade we think of goods being traded without limitations no more hours of waiting at customs no tariffs Wars no import duties or bureaucracy so Goods can travel quickly from A to B but is this a realistic image of free trade how free is free trade in Cambridge renowned economist ha-joon Chang has been researching this issue he has found out that the image of free trade can change radically within a few generations basically free trade should mean that everything should be for sale so child labor human beings as slaves government jobs human organs why not I mean there’s nothing in economic theory that says well this should be sold shouldn’t be sold go back 200 years in America if you advocated operation of slavery the Pesta well kind is that description you have got is unrealistic free trade is a fiction even the freest free trade agreement will be subject to hard-won social values so the definition of a free market will always be a subject of political discussion the definition of the free market is a fundamentally political thing because it’s our only because you have adopted certain ethical positions and political views that now no one even thinks of the ban on child labour as regulation on the market and that the boundary has been redrawn so drawing that boundary that itself is a political act and you have to realize that that you can say oh we should have free trade free market but actually when you try to put it into practice it’s not clear where the boundary should lie we no longer accept slave trade and child laborers parted the global chain of Commerce the borders of free trade have shifted through the ages and these borders are even now under constant pressure worldwide societies strive for the inclusion of healthy working conditions and the protection of the environment into the rules of the free market but how important are these values in our free trade agreements we’re going to Canada in 1992 this country signed a free trade agreement with the USA NAFTA for many Canadians NAFTA had unforeseen consequences Valley News Al Ahly who preached the sender nice official you do kilometer DC Circuit vote Amazo say today killer might’ve old wazoo satisfy their charisma in no pack of factor visibly messy the bilge pump or the person to the murder that was a to play but why we a girl man but caliper to his own tiles in the folder take that down poor heaven your system Amazon come for a year in your pas de protección nepeta give a a logistical plea and family bar yeah some are tire I love coming where you see the tree the lone pine resources sit down meet you don’t share the so yeah I’m a yes a god man took person piss up or Sri your consecutive lone pine is an energy company that wants to release gas in Quebec by fracturing the ground also known as fracking gerar Montpetit a retired teacher didn’t know what was happening when lone pine arrived in his backyard in 2010 I died I didn’t know anything about shale gas or fracturing and when I first heard of it it was already happening here in my backyard in my own municipality so it was a total shock because here in Quebec the history books always said we’d we have hydroelectric power but we don’t have any petroleum so it was a total change of paradigm man we didn’t know what this was all about and it came on very suddenly with no like a thunderclap on a bright afternoon Geronimo patty felt ambushed by shale gas company Lone Pine this company found all kinds of new ways to make money in Canada thanks tuned after the free trade agreement between the USA and Canada NAFTA made it possible for Lone Pine to expand its opportunities enormous Lee without having to drill one centimeter so mr. Archibald where are we now right now we’re on the south shore of the st. Lawrence River which is the largest river estuary and Gulf system in the world’s a very beautiful place and it’s it’s the art of Quebec the lifeline Quebec was constructed was built around this river so for us it’s its capital it’s important very important River for years see Laval our symbol has been fighting to protect canada’s most important river even he was by the shale gas companies shear creativity what’s at stake here then I stake here is a company as a permit a licen it had a license to drill in the river and also underneath the riverbed to go look for a shale gas but in the meantime the Quebec government they revoked all the permits after a scientific report saying that drilling underneath the st. Lawrence River was not a good idea the drilling permits were revoked this was a unanimous decision made by the Parliament of Quebec but Lone Pine didn’t leave it at that thanks to NAFTA the trade agreement between Canada and the US the energy company was able to submit a claim to the Canadian government not drilling for shale gas but exploiting the small print in the Free Trade Agreement was the way to make money this was made possible by the inclusion of a special clause in the agreement that protected the interests of investors isds Countach I what is is dears these four letters are becoming increasingly important i stands for investor the first S stands for stead D a dispute or conflict and the last s is settlement or resolving the conflict isds is the mechanism enabling companies to sue countries multinationals can lay claims with governments for sums amounting to billions of dollars lone pine claims that by revoking the permit to drill here they lose money on their investment exactly they said they were unfairly treated I have here this the case lone pine investor against the government of Canada maybe you could read why they feel mistreated a lone pine notifies Canada of its intent to bring in arbitration for the arbitrary capricious and the illegal revocation of the enterprises valuable right to mine for all and gas under the st. Lawrence River without compensation and with no cognizable public purpose yes you speak with Roland Rome from VPO television it’s about the long pine versus the Government of Canada case unfortunately we’re not at liberty to talk about it our client did not give us permission they wait for every part of the deal to settle before they give full permission lone pine is not the only company that went for the Canadian government the inclusion of isds in the free trade agreement with the US Mint the Canadians were vulnerable to dozens of claims by American investors mostly regarding raw materials and the environment Canada’s faced many claims because Canada is the Western developed country that has given up the most of its sovereignty to isds gus van Harton teaches investment law at the York University of Toronto he is known as one of the few independent isds lawyers he was the first to warn against the risks of this arbitration system because Canada agreed to isds with the United States and Canada in fact is the only Western developed country ever to have agreed to isds with the United States so for the last 20 years we have the dubious honor of the being the Western country that’s the most exposed to isds claims and so in Canada’s case we are the fourth or fifth most sued country in the world including all of the developing countries and transition countries and so on after the ratification of the free trade agreement Canada became one of the most sued countries in the world so a free trade agreement can have consequences that reach much further than just a lifting of import duties most people think of trade agreements as being about reduction of tariffs free trade is trading and not having tariff walls if trade agreements these days were about only that I wouldn’t I wouldn’t be criticizing them you would never have heard of me okay I come on the scene because of this profound push of so-called trade into all kinds of new domains which touch upon democracy which touch upon the courts which touch upon public budgets in a way that your conventional trade agreement doesn’t even come close to doing the investment chapters and trade agreements and is yes in particular at the heart of that this is about changing fundamentally the power structures in countries shifting power from legislatures governments and courts to foreign investors and a small group of private lawyers who get appointed repeatedly as arbitrators the tea tea bees are not really about trade you know already there’s very little trade barrier between North America and Europe I mean okay there are sectors like agriculture with some protection but in industrial sector not the average tariff rate of countries in Europe and North America are around 3% I mean it’s insignificant yeah so you already engaged in free trade and the essence of TTIP is are not really about trade it’s about increasing protection of intellectual property rights like patterns it’s about keeping corporations to the power to sue national governments in on the ground that their regulation has reduce expected profit increasing corporate power is really at the core of tt van Horton and ha-joon Chang say that trade agreements including isds give multinationals too much power the investment clauses in the agreement make it possible for multinationals to sue a government whenever they feel unfairly treated bird of prey you could see it like this predatory American capitalists threaten our democracy little Tom Thumb is trodden underfoot by the Giant but in the global isds game one small country is actually very big in isds the Netherlands all over the world hundreds of billions are invested through the Netherlands doing business with the Dutch is a pleasure because they have tax agreements with many countries this enables multinationals to avoid taxation with post office box constructions made evac Azerbaijan nahoko and fear we are talking to Nicko’s Lara knows he has negotiated several agreements on behalf of the Dutch have made lump fill in for steering’s for the document addressed from revealed an eland have to buy now holders in listings for the Waffen does 5ld healer the oldest object metal infrastructure is to build object no Autons revealed Sofia’s belong Ike is for nylons economy and nylons in mysterious Nayland hood by the top five on land the what the ant al-fatah have left we advise the eyes the worst offal of the senior could be light of August and what equators that Nayland in of our ministry for economic czar can spear print heft and that heft of contour the lights and to have an specific agency therefore the specific Knicks honours dude done battle and invest us by consummate life here in an island – Harlon everyone knows that the Netherlands facilitates tax evasion for multinationals but they also have a main office policy and they close agreements that protect investors worldwide how does this work in instance on jakarta the one dirty trail on the ELCA Ostrava deepened over cake and off sprague veronica’s in mysterious fatumak bangla this is not just an official royal visit we mean business and we’ve brought the business leaders to prove take Dutch industrial leaders and Royals travel all over the world closing agreements which include far-reaching investor protection schemes benefits from isds are incorporated into these agreements a lot of people have said to me when I’ve talked to people are ICS people who don’t understand it will haven’t heard of it before and I explain what it is they say I get why corporations want it but why would a state win it this is matt Kennard a journalist he has studied countries that have seen the shadow side of the free market he wrote a book about it the racket cannot found out that many countries receiving claims from substantial investors regretted having made these investment treaties but why were so many investment treaties signed in the past 30 years these bilateral investment treaties which activate ICS were seen as a form of diplomatic goodwill so a new new prime minister or a new foreign minister would go to germany or go to britain and have a nice steak dinner and they’d be told oh look just sign here we’re friends now we this is just a bit of polite diplomatic goodwill and what happened was years later they realized oh god what have we signed when they started getting hit with case off the case so it was like well mr. Minister you’re visiting so here’s a cultural cooperation treaty and here’s a Foreign Investment Promotion treaty who would be against foreign investment promotion little does he know that in ten years the country may be on the hook for hundreds of millions of dollars because he put his signature on that piece of paper at a photo op with the help of the investment treaties that the Netherlands are so eagerly closed worldwide you can sue the world from a postbox holding company in Amsterdam because of this provision of legal services Dutch companies are second only to American enterprises in issuing the largest number of isds claims and because of their expertise in the field of international arbitration isds cases are a welcome addition to the Dutch economy if anyone’s seen the movies about Jason Bourne and The Bourne Identity he’s the super agent who goes and he has stashed away of various passports from different countries and when he wants to go and do something in Russia he goes and finds the Russian passport and he takes that and he becomes Russian and one day he wants to be French so he goes finds their French passport and uses that instead well that’s what foreign investors lawyers are doing with isds one day they’re in a certain country because they want to produce their another day it’s there in another country because they want the resources another day for tax reasons they’re from the Cayman Islands and then another day they’re from Holland because they want to access isds in adopt treaty boring trade agreements have become a Jason Bourne movie Americans are becoming Dutch and Canadians are becoming Americans in the NAFTA agreement there’s a clause that says that a foreign company can sue the Canadian government this clause doesn’t concern Canadian companies lone pine is actually a Canadian company based in in Alberta but they have a head office in in Delaware United States so they have a very very small office and they are registered in the United States so that’s why they were based on that they could sue the Government of Canada Canada the Dutch government facilitates creative lawyers but the Americans also mean business the majority of legal actions against governments are made by American investors but the American government is being sued by companies as well and so far the United States has never lost a case it’s been sued about 18 times by Canadian investors under NAFTA and has never lost that’s a remarkably successful record I can’t say that it demonstrates conclusive evidence of any kind of biased Uncle Sam has never lost an eye SDS case there is no official explanation for this but most cases do take place in Washington DC in a back room of the World Bank this institution grants loans to countries in need but it also helps decide which arbitrators are appointed to isds cases one of the things that happens is an executive official has the power to decide which arbitrator will decide which case in a various circumstances who is the executive official typically it’s an official at the World Bank the World Bank tends to be is fairly described as being more in the political orbit of the United States than any other country so if it’s if a foreign investors bringing a claim against the United States and the ultimate decision who the arbitrator will be if they can’t agree on who the arbitrator will be is made by this World Bank official I mean at least that gives a basis for doubt as to the independence of impartiality the pros the World Bank tribunal is called exid and here three men get to decide on claims of billions of dollars what is exid exid is the International Centre for settlement of investment disputes it’s the fifth arm of the World Bank and what it is is is where most of these isds cases are seen what’s interesting is that it’s such an important institution yet no one knows it that’s what I find fascinating about it said I didn’t know much about it before I started on this project and yet billions of dollars changes hands based on rulings given at this body good morning ladies and gentlemen this is exit case number ARB zero nine twelve and we now start the first day of this jurisdiction hearing we need our hope this is where conflicts between investors and governments are solved at exit the investor chooses an arbitrator good afternoon my name is Arif Ali and I’m appearing on behalf of the claimant and the country being sued chooses one I’m Derrick Smith of Dewey and LaBeouf here on behalf of the Republic of El Salvador these two arbitrators are often together with the World Bank choose a president and so accordingly we give the floor to the respondent for its opening presentation this morning mr. president members of the tribunal we are before you to present El Salvador’s oral statement on its objection to jurisdiction these three arbitrators are often renowned investment lawyers between the three of them they decide on the fate of billions of dollars of taxpayers money El Salvador’s primary objection is that the Canadian company Pacific Rim Mining Corp has abused the international arbitration process by manipulation of the corporate form to change the nationality of Pacific Rim Cayman to permit it to assert jurisdiction as a national of the United States in this arbitration the actual measure issue here is the practice of the government of El Salvador in direct contravention of the country’s laws to withhold permits and concessions in furtherance of the exploitation of metallic mining investments a Western multinational taking a former colony to court this is a typical isds case so you had Veolia the the French woods company suing Egypt for raising the minimum wage and you had Pacific Rim which is now as Chiana got which was bought by Oceania gold taking El Salvador to accede for not granting them an environmental climate revolt might the arbitration system has turned out to be a continuation of the old colonial politics now by legal means in a 16 a group of businessman got together and they said look with the decolonization movement which was happening at a fast clip then lots of African nations were getting their independence India got independence 20 years previously they thought well we need another system that ensures that we can keep our investments secure without having to use the military etc so they came up with this legal system so Western European countries designed this arbitration system to protect their assets in the former colonies once the colonies obtained their independence and they were particularly concerned about these historical expropriations so they designed a very aggressive legal process to protect those assets in a way that was very favorable to the foreign investor because the foreign investor was the European company and so on and these treaties worked one way they worked to discipline developing countries newly independent countries transition countries and so on this was the intention of is DST no more gunboats or army troops but food clauses in investment treaties to secure our interests in former colonies but now our former colonies won’t accept it any longer one lawsuit really changed the game in South Africa and that was a case where a Italian oligarch called 4sd and his company’s granite companies took the South African government to exit for for their post apartheid black empowerment policies South Africa isn’t specific of all indigenous Africa and the parts the lights and I’m like the black empowerment belite doable Hooven of the food that was after that to drive the dough Blanca ruined warden of items and from Lanka that da swat a dunker shot africana in the plats what the Coleman 26% of all shares of of mining companies should be given to historically disadvantaged South Africans which means black people because they’ve been locked out of their their own wealth for decades just a blatant tightening and that evoke relied thought an artichoke on mother’s heart indiscriminate see what did the Blanca knock this communion Bhutan elk indiscriminate is vibora lucid knocking scientists are what’s new to discriminate Medora new black paw Blanca in mysterious the de las conchas harder on the fender it become an issue in South Africa because it was such a violation of their sovereignty and the the sovereignty of the government the democratic government to make legislation in the favor of the people was obviously not they weren’t able to do that – Matt Kennard it’s crystal clear isds stands in the way of the emancipation of new economies so South Africa became very even the government became very interested in looking at how they could escape this system because they saw that it wasn’t really providing with anything they had given away the shop without really much in return so they are now in the process of canceling their di T’s the South African government wants to have a say in the exploitation of its natural resources but Western companies use isds as a weapon in the battle for vital raw materials many arbitration cases are about mines oil and gas Canada has been the historical punching bag because we’re the only ones who’ve allowed it and we’re now the fourth or fifth most sued country in the world so does that mean if the Netherlands agrees to ISS with the United States do you think you’re that different from Canada that somehow you’re not going to be sued Exxon Mobil from America is a shareholder in the dark gas field the Dutch haven’t got an investment treaty with the u.s. yet but if TTIP goes through Exxon Mobil’s lawyers will keep a close eye on them should the Dutch decide to turn off the gas tap but happier norther home okay far from carl vinson on the front of 94 7 that calm if the editor can carve into is it is only hood on netted Oona’s off 5 intact of the a little cow of interfacing that add an ID to the care a bottom of inter Buster Heather since Dean says safe and Carl winters heart in the last of us but bus in a thousand dirty this design for the you can take our event esteem awakening ultimate Carol of interest and a particular craft on the evening how’d it metamorphic out from the Carl Vinson but it’s on back here there know what ahead say yeah I don’t think it kind of mention you Nicole understand who said they down villas in theaters physical name and that is yeah but what’s not contacts up to the actor guys it is so that a better day the same the hill in the holidays or detriment artists on stove cabrakan they couldn’t need so much dick the under eye as entity in the book of mark dry-hump oh and banal oceans and net need lotions from the Nam it’s a mobile treatment told article you know don’t Navy to Christine out have enough me if a long strong hands now don’t leave a need here at the cost the broadness of the moment failed to fail Nita laying the financial markets like everything stopped with isds citizens who suffer from national government decisions will now have another opponent the American investor and while the Netherlands and Europe are about to dive headlong into the isds adventure with the USA countries south of the Equator want to get rid of it Holland’s former colony Indonesia is fed up with post office box claims from Amsterdam and ended their investment treaty with the Netherlands this year it’s quite interesting to see countries like Indonesia South Africa a few others actually having the I would say backbone to pull out of is das nações la verrano’s left the Foreign Ministry for the private sector he is now the head of legal affairs at global investment protection he is convinced that without a treaty that includes isds countries will attract far fewer investors could you behave that Indonesia the emphasis there are who observe it ganked are that oblong to mine its limits Montek dented dad or in mysterious on Jacob water and our universe stealing a – – and in Underland on in Russia on 16 kilometer mine 15 an Asia here era and problem dündar the no pro singers so no investment without isds that’s what many supporters of this parallel legal system say but studies show that companies find other matters more important than isds there are studies that ask I say CEOs of major international companies what are the factors that you look at when you decide whether or you whether or not you want to invest in this country the most important thing they say actually is the size and the growth of the market this is what that makes China so attractive 1.3 billion people growing at 7% per year you know I mean that’s where we want to be you know some other small stagnant economy might give you all the protection in the world why would you go there so that’s the most important second most important thing is that the quality of infrastructure and labor force you know this is where for example countries like Singapore have succeeded below Singapore I mean has that used for investment on a massive scale but they didn’t just say well please come and exploiters you know the country like Indonesia is looking at pulling out of the treaties because it’s the light bulb has gone on we sign these treaties before we were aware of the risks and liabilities then came the explosion of claims now we get hit with a damaging lawsuit and ask ourselves why did we allow this in the first place many countries think twice before signing up for isds Australia doesn’t have an ISDN s treaty with the US and Brazil doesn’t want it included in new agreements name was really before word London that land would stay firstly infested and that is openly to set name Oconee SDS open in 50 rings for a column near a club so needs pasilla have deferred raha Oaktown Smith Nayland Nita that if you see it shot along years days in so on Politico sir from acts on a tenly tears for athletes that if she’ll stay taken talk that’s then acne death Carol sent oh yeah it’s not anything vacuum I will a layman said that influential positive L for years there’s no saved and untended assassinated underneath yeah there’s a leak finished est Arab states to film mock cave and infra still estamos de SES talked about will allot in a name 15 foie gras again that say designed will harden on a sad note after not refer to naman so it’s nationally zillion the oak Badlands in mysterious current resin and will for Coleman that did via international arbitrage thought claims applied Brazil wants to set a sovereign a course as possible without being hindered by claims Canada no longer has that freedom des nouvelles o dot since Canada n FK homeless food oxyde met the friend who started Mexico in NAFTA that Canada fan of that moment in from the maced our class the loneliest water if you die for climbing for the darkest hope that Canada and MIT Nam as you could see the province’s Madre her name open mania didn’t it conform and after photographers that is normals and taken the phone dotted machine talk needs so hood posterior in that land of Alan evils can like that was a neat start is Canada a Banana Republic Canada is not a Banana Republic although some promoters of isds would have you believe that because of course they want to sell isds as necessary even in a country like Canada there’s so much more money to go after in a developed country the budgets are so much bigger so for a range of factors you can expect claims the Western world is the latest hunting ground for isds richer countries can pay higher claims the number of claims are increasing and the payments are getting bigger and bigger isds is like a happy hunting ground for clever lawyers so five years ago no one was talking about having cases that involve billions of dollars but in the last five years we have had cases involving many cases involving tens of billions of dollars in disputed assets and we have awards that have run into the billions of dollars is now it’s a way to make money and a very good sign of that it’s the rise of third party financing which are these investment funds which us the whole business model is to invest in claims against States because there’s so much money to be made dsds short for a happy hunting ground for investment lawyers hey sue league needs font painting the steerer starts often top and Jesslyn whore logic from dark my evil antics of jet and lava fostex owns in the case against Ecuador where Occidental Petroleum the Houston based oil company won 1.8 billion dollars which is the same as Ecuador’s budget for its health for its citizens for a year they won that so when you talking about figures that big obviously investment funds are going to be interested and what they often say is we will invest in your claim if you give us a cut of the eventual award and they’re called non-recourse loans so these companies take the loan and then don’t have to pay it back if they lose this kinda last year spark a fan to sign up okay Alice water confessed it in ESDA soccerway to darf on hey that is new for my on the aspect is that what you have to third-party Fonda doctors in the steerer sign D and claim made a fan finish Sheila for investors the net need for no held heaven homes own do investing sabotage taught attend the daughters Etta isds has turned out to be a Pandora’s box with unforeseen consequences it is now impacted developed constitutional states where their populations and politicians want protection for the environment is d/s provides multinationals with ways to fight them on it every member of parliament all the parties unanimously voted to revoke those those licenses so it was a consensus as social consensus in Quebec to revoke them everybody said it’s it’s a no brainer like we say this should be protected so what does that say of the state of our democracy it it could be shaken up by foreign commercial interests sometimes are very powerful and they could put pressure on the democratically elected government saying somehow they don’t take that decision because we have the power to sue you in the end you have a change in how governments operate they give a much greater attention to the foreign investors interests than to the interests of others in the country in certain cases the institutional structure changes so governments will put in special assessment processes for new laws and new regulations to see how this affect foreign investors US investors in particular oh we might run the risk of a claim we could be at on the hook for a lot of money it would be politically embarrassing to the government so let’s not do that anymore jicama bells for Stella the Charles over height or pavement oak gain for novice or adoption soon my Teresa köppen claim is invasive larvae had mana dune and sanic Onizuka see the advice that the regulatory chill oak plat field that would alter project Micah but not f2 zine it is no it alpha tones as an anecdote Asifa holla that mocha look that’s alphabets I’m like this man great annoyed EFT and atoned has an all-white preservative of the vapor lot seen he kept a neat Rhode Island addict Bowman from claim when we will research USGS we got through the Freedom of Information Act documents from the Guatemalan government which was about a gold mine which had been was very controversial because of the environmental effects and health effects for the local population and they wanted to basically cancel the the mine and withdraw the permit and within documents that we got within the government that when they were discussing the case many of the people were talking about well if we cancel it it’s gonna make us vulnerable to an ICS case so it was a massive consideration for a sovereign government or making a decision about the health of their citizens and in the end of mine stayed open so you had this massive way of levering sovereign governments into not doing policies by just threatening them with ICS cases again to that after and who constituted a fermentis I think normal Hale dialogue as a caked who’s on arbitrage are cloaked and what the forward a 4-iron Norma’s arts to overhead very liquid Fortuna conduct that sauce Netherlands is a Hellmouth hand problem does you see that problem it it’s very scary that your political decision the decisions that you take for for the public the the wealth of the public the well-being of the public they can be contested by a foreign company for huge amount money so are we free to act for the well-being of our nation or are we subjected to decisions or pressure that comes from outside

70 thoughts on “TTIP: Might is Right – VPRO documentary – 2015

  1. Slavery has been an issue since pre-Biblical times. It is NOT a problem unique to the United States of America! This is an oft repeated and very insulting supposition. Where is slavery most prevalent TODAY?

  2. I have to say, as someone who is by no means a whole-hearted supporter of ISDS, this is a very one-eyed and biased look at the issue. Take for instance the way in which the two sides a presented – anyone explaining the rationale for these agreements (not even necessarily supporting them) is accompanied with suspicious music and prejudiced narration. Alternatively, the accounts of those with an adverse view of ISDS provisions are accepted uncritically.

    Why do countries to continue to assent to these rules? Because they lower the cost of inward investment and boost economies. Developing countries in particular benefit because ISDS rules provide certainty for dispute resolution which is otherwise unavailable in such countries because of corruption and the absence of the rule of law which is all too common.

    The El Salvador case is instructive – they are being sued because the central government essentially decreed that the mining license was cancelled, and did not follow their own constitutional rules surrounding law-making. Countries who practice good governance have little to fear from ISDS – indeed ISDS provisions constitute a significant disincentive for those governments tempted to run roughshod over the rights of foreign investors.

    In order to succeed in these actions, depending on the precise language of the particular ISDS provision at issue, these private companies will generally have to prove something along the lines of that the actions of the government were "unfairly detrimental" to their property (such as a mining license, factory, etc). Carve-out exceptions will generally allow for regulation that reasonably protects the environment and public health, meaning that governments will have to follow proper procedures and make evidence-based policy decisions.

  3. simplistic, one sided presentation, (does Mr Chang really think the TTIP has something to do with promoting slavery). The world is in a mess largely because of governments bad decisions and they make bad decisions with impunity because they suffer no consequences for their poor judgement. Being held to account in a court of law is exactly what they and the world needs.

  4. How can anyone blame an agreement? Blame your governments -your democratically elected governments. The rest is bullshit… Of course, companies will sue if you revoke their licence to the investment. What do you expect – they aim to make profit. That is what they do -that is what they will always do. Also blame your legal systems for not providing the necessary safeguards against irrational or illegal decisions. That is why countries have a constitution and public law principles – to protect them from their government's unlawful decisions.

    Finally, blame the world economy for getting more and more liberalized. But do not blame an agreement. States under International law are still sovereign. This does not change by an agreement. I think people confuse the ends from the means. The mean is the agreement. The main objective is the liberalization of trade. This will happen with or without the agreement. If you want to be part of the world trade system you will sign it. Yes, because you do not want to stay out of the game. It happens everyday with plurilateral agreements between States. What is the difference with a multilateral one? None, it just simplifies the process of continuous negotiations. So do not blame the TTIP. Also, it would be a good idea to see the final version of it. Here in EU they will definitely reveal it before it is ratified. Hence, wait before you reach conclusions simply by speculations and one sided documentaries.

  5. big shame for europe, australia,canada and all the countries involved, this agreements is a hide way of neofascism for control the whole world population
    please, dont buy anymore products from multinationals like zara,nike, coke, nestle,big corporations=poverty and unemployment

  6. I would care more about this subject if we weren't getting robbed in trade anyway. its essentially another coat of paint for a really large turd. pretty much all our trade partners cheat us, and we run a nearly trillion dollar trade deficit every year because of it. they try to make it sound like Canada is doing horrible in trade here but even with Canada we run a 20-40 billion dollar trade deficit. which is actually the best trade relationship we currently have…. with every other trading partner we lose so much money that we would actually be better off closing our borders to trade entirely.

  7. I think Mr Donald Trump would be in favor of all this in which he will sue every body outside the country to create jobs back home. Let´s ask him!

  8. You forgot to mention that Germany invented ISDS and it is already in place between the EU and dozens of other countries. ISDS means you cannot treat companies from a close trading partner in a discriminatory fashion. If properly written, these rules are necessary to uphold rule of law in trade relations and give 'teeth' to trade agreements.

  9. This is really scary especially the ‘Investor State Dispute Settlement’ (ISDS) for the people of our country New Zealand. Our Prime minister is a (Financier) 'Trader' and that's exactly what he's doing, selling us down the road to these ‘Foreign Investment Companies’ (US Corporate). He was one of those that involved in the almost collapse of Merrill Lynch Finance Company so pulled his money out and invested into Ireland bank. No wonder him and the Australian PM Turnbull (trader) like each other, he did the same with another US finance company too. Watch this video people to understand what these 'Monkeys' are up to and committing their countries to. No wonder the other TPP countries are protesting vigorously, Liability is in the billions, ask Canada.

  10. Fucking immoral, abhorrent, terrifying stuff this. We're truly fucked as a planet by avaricious cunts.

    Pardon the profanity but this merits it.

  11. The TTIP is a corporate charter to increase profits for the largest corporations in the world, cut employment numbers in the EU and ship them to the low-cost economies of the world as usually happens with vast trade deals and to get people to pay more for goods and services. Indeed, no major so-called trade deal to date has cut costs and in difference, has increased them.
    The TTIP will also destroy the NHS in the UK, as the treaty is clear, 'Monopolies cannot exist in free trade and what is the NHS, the largest monopoly in within the EU, in the eyes of the EU. Therefore the British will have to say goodbye to the NHS once this treaty is signed and where this will happen in a relatively short period of time.
    For all EU business will be hit by the overriding control of the US – TTIP: Big business and US to have major say in EU trade deals, leak reveals –
    'The TTIP (Transatlantic Trade and Investment Partnership) will be an Absolute Disaster for the People of the EU (European Union) and the People of America (USA) in the long-term – We simply have to Vote AGAINST this behind closed doors Transatlantic Trade deal before it is signed up and too late for the People to do anything about it' –

  12. ttip == LIES and ROBBERY and EU-US corruption in flavor to corps!

    Trade Intrusion Partnership will collapse our standard$. It will
    destroy the health of the EU countries and would create an enormous
    power to corporations. Small Business and the regular citizens will
    loose their activities and commodity!

  13. 0:30:20 I just feel so bad for those white investors. Oh, wait, the Roman-Catholic and Jewish business interests have been using Voltaire's dirty glove on the rest of the world for generations. Funny how often certain people forget that little piece of information.

  14. Thank you for this excellently researched and informed documentary. Should and soon probably will go viral.

  15. Career Politicians and Lobbyists are lawyers and investment bankers corrupting every government.Greed,Greed,Greed.Corporations say they are looking after their shareholders,look at the top 20 in each corporation and you will see a pattern

  16. How much will Dennis o b sue Ireland for and the Irish government is helping him cos thay use the 2 step sys to walk us into this trap

  17. the quebec government is a shitfest of corrupt officials, recall when mohawk natives almost got shafted out of their land by politically connected developers.
    i suspect quebecers cheated american investers into paying all kinds of application "fees" with no intention of keeping permits valid for the drilling.

  18. As long as there are forked tongued people on earth, all the civilised humans, animals, trees, mountains, water even air, will suffer. If you look at the planet as a living entity, the forked tongued people are the carcinogenic cells. They just can't appreciate that their existence, threatens….well…everything. But I've never heard of a cancer cell killing itself for the betterment of the host so the world will continue to suffer until…

  19. Corpse-orations are dead fictional legalities. Free trade is trade where everything is free including all of us.

  20. Greedy bastards destroying the democracy of nations and trying to rob the world, grow some balls, tell them to fuck off and jail them all if they object.

  21. Very exaggerated. Canada has paid very little because of this in the 25 years of nafta. Not saying this isn't completely gross and the epitome of greed but this is not a fair use of Canada as some pity parade.

  22. Very exaggerated. Canada has paid very little because of this in the 25 years of nafta. Not saying this isn't completely gross and the epitome of greed but this is not a fair use of Canada as some pity parade.

  23. Very exaggerated. Canada has paid very little because of this in the 25 years of nafta. Not saying this isn't completely gross and the epitome of greed but this is not a fair use of Canada as some pity parade.

  24. Very exaggerated. Canada has paid very little because of this in the 25 years of nafta. Not saying this isn't completely gross and the epitome of greed but this is not a fair use of Canada as some pity parade. Google it. One claim for $130m and a few small claims either way. Nothing awarded for billions like the lying York (use a fork) professor says.

  25. Very exaggerated. Canada has paid very little because of this in the 25 years of nafta. Not saying this isn't completely gross and the epitome of greed but this is not a fair use of Canada as some pity parade. Google it. One claim for $130m and a few small claims either way. Nothing awarded for billions like the lying York (use a fork) professor says.

  26. The world is tribal and has been since 2 million years diverging from hominids. I don't see how mankind can be moulded otherwise in 50 years. So no might does not mean right when the correct description is Looting.

  27. thank you for this amazingly clear documentary ! I will share it. one objection however : too bad that no woman appears…

  28. ISDS already exists inside the EU. Vattenfall has sued the government in Germany for the decision on closing down the nuclear powerplants. This is not something new.

  29. So depressing this documentary has fewer than 60.000 views despite being one of the major economic issues of our lifetime.

  30. Bernie has the same position as Trump on this issue. Hillary has stated 45 times that she supports and wants the TPP, or Trans Pacific Partnership Trade Treaty, that surrenders American sovereignty to an unaccountable / Un-elected International Tribunal that will and can –  override and supersede The Constitution of the United States and American law.  This is a threat to the sovereignty of the United States, and will further destroy the American working middle class

  31. The "free trade agreement" looks something like the "patriot act" which has nothing to do with patriotism other than the removal of your rights as a patriot. There is language in this bill giving governments the power to "regulate the morals of the people". How's that for scary? The least moral people on the planet will enforce what you can not only say, but think?

    This kind of thing used to make me feel impotent because elites run the show. They protect their interests.
    The elites have big plans for us. But God has big plans for them.
    There is nowhere you can go to get away from the one world government rule except to Jesus.
    Repent all of your sins and pray to Him. Stop sinning, and be loving, humble and generous.
    Turn off the TV. They call it programming for a reason. Dust off your Bible and read some.
    This is a wicked world. Spiritually extract yourself as much as you can so you will not be judged as part of the problem.

  32. Paul singer is a great example of these kind of vulture investors. He buys poor performing companies who have a base in ICDIS treaty countries especially who have an operation in south american or african countries etc… He buys the company even at a premium just to get back the money through this ICDIS arbitration. Smart guy, but without a moral compass

  33. The rich get richer and the poor get poorer , fool me once shame on you fool me twice shame on me . Shame on all of us , shame on the moon.

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