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autumn 2016 across europe tens of thousands mobilize against planned free trade deals with the u.s. and canada belgium's well only a region is blocking csa a major european pact with canada thrusting the into crisis that net that 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 it's taxpayers to foot the bill.

to get a clearer picture we delve deeper into an epic system that circumvents not. court and effectively hands foreign investors the power to dictate the policies of democratically elected governments every nation is one rouble whether it's 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. i am. clear 2. in colombia deep inside the amazon rain forest the

canadian mining company sego 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 caciques plants 2 . for years the company tried to negotiate with the colombian government then in 2016 undressed rendel cacique as chief operating officer moved the dispute to the international arena together with cacique as us partner to be mining energy he filed suit against colombia 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 in my time

i had 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 don't have to depend on maybe some emotional sentiment by a judge in some rural location who is being pressured by his local. mayor. understood rendell found a suitable attorney to represent his company and paris. a corporate lawyer a specialist an arbitration. somewhere in the middle of course. the oral tradition which there's a good meeting all of the 3 or big critters that will constituent to your

arbitration panel this should still take a few weeks at least from 0 i believe columbia well challenge the jurisdiction of the courts of the court below through. this is enough of this confidence and then we will really move to z. yes that's the case yeah hopefully hopefully they're crossing fingers they'll 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 good ability to work. one of our biggest shareholders from texas will be mining and energy motivated the company choose to seek. arbitration as a way of solving this dispute of this difficulty between the colombian government

as a whole and the company. just continuing and if he could i think what's noteworthy about this case is that cosequin had already been granted the mining by the state mining authority and suddenly from one day to the next the company is told the area is not closed you were allowed to conduct ground exploration for 10 years but now your license is no longer valid and only steam can you keep it up. a lot you know should have been a mature country and because colombia signed big league 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 as small investors to

combine their 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 follow but more to the war of course the state has the right to change its policies it can even nationalize assets it wants to let you know these trade agreements don't rule such measures out. the agreements laid out clear rules that must be taken into account. in the south 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 country's laws or policies. he says he disturb 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 or 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 enter the area the northern native tribes wanted to develop the might of this other group who was not in the might was not on the area were motivated by the n.g.o.s of foreign n.g.o.s 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 don't understand what the big deal is why don't we just come to a can see the ceiling as they said in spanish why don't 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 then you can start buying refrigerators then you don't have to waste your meat you don't 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 self-reliance and not depend on the white man but non-indigenous government to come on.

the local use of that and yet the plane came 3 times yet only response came to drop their opponents geologists biologists if you had a hill to look at your local even the big. boss came. and with it and. it here. and there then the. only thing we were all assigned different tax parts to guide them around the area some a company biologists i guided a geologist. up with we followed a part of every 100 meters he'd pick up a rock smash it and put it in his pocket. and we discovered that there really is gold in the region will know that i guess. what did they suggest. that they told us if they could mine gold in this area we would get one percent of

the profits. that it could have been. put into it nobody from crecy go talked about the projects drawbacks to go down the road you said they would only cut down trees on an area of 2 square metres. i would drill a hole install their machine. from again 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 ngo guy amazon 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. they think you're insane but they told us this company would help our communities and that if they said it would bring us many benefits.

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 we'd read many rewards. and you were also in the area of choco see what you're doing and your yes and i learned one thing we must never again allow a multinational company to exploit the area that the poorest the lungs of our planet in. our ancestors described the water there as brice and clear today it's a garbage dump. there's no life left in the water there are unused machines every read and huge excavator still in operation and let's not forget the minus only a little.

if. this is the center of wisdom science and the power of this continent and. when i wasn't. the birth of a child we celebrate a kind of baptism people from the book of these places are essential for this ceremony because it's their power and wisdom that promotes the growth and intelligence of a newborn child that can see see see if i see the energy of these places strengthens the child's connection to nature event is why these holy sites are of great importance to us but they're the source of our songs and dances from there the place where we're healed from disease because you and i you died by i you they

look with us you an. indigenous communities who live here in the forest for long to a dozen different ethnic groups but they all share the same beliefs about the origin of the world. fav you the name of sacred sites of the ancestors after living organisms and ceremony the shaman mentally tools a mind that connects all of these sites it's the path of healing and it must remain intact and never be severed. so look you have waited to hear if the plan if they are ancestors describe the earth as a small sphere a floating on water and that said by this wonder jungle is a rock floating on the water that they can sink very quickly. home with a new weapon this place is like the hardest phone or the pillar that maintains an

equilibrium of the earth thought it so would it feel to you that if we allow this place to be exploited you say the c.c.c. do they have and we move one step closer to the end of the world and was put on the moon across the mouth in mice miles from our cottage and. the room. 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. and. today a meeting has been called representatives of different tribes are gathering in the traditional assembly house they're concerned about a lawsuit filed by casie 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. they're not yellow welcome i want to talk about the gold and give my opinion from a woman standpoint that i know i think yes time to take. him out now should we work in the mind of it and by that i would have been a can manage to anybody why should we dig for it all the time. to get it back to

what it could well it to us when i think am i looking at it. littered with everybody although you already heard this one is our whole our origin. and this land harbors raw materials that we call gems they're not disgusted and degree the thought that all of this land must not be exploited i think in a little more than a year as you are i'm out of new york into the middle why we are the ethnic groups of this region have come together. we have decided together. that we will not work in the mind and the mouth of the building and that we will defend our territory look we don't need anyone this is you know you think. they will want help. from. the indigenous communities worldview is diametrically opposed to that of the mining company. or the former want to protect their intangible cultural

heritage and right to self-determination the latter a focus on their profits and how they can extract gold from the depths of the amazon rainforest. to haiti yeah here is a different other than the one i met with the so-called pleasures charcoals are already did we're close to that so if you don't like it. this is called yes we can do what we want. you to stand it you solicit it out she said yes she did but we decided to park out there and it's your loss. is it your understanding or target if we say the receiver 60000000000 because that's the biggest iron or gold mine i can buy and all of the a copy of all south america i very possibly kwame is going to lose the issue by come out is it going to be 60 bathers they've got

a decent opportunity updated 60 i'm betting it's closer they tell you when it's all said that. $16000000000.00. for a few studies and expeditions into the amazon even $16000000.00 a sum $1000.00 times smaller would be assured compensation figure or is columbia being asked to pay for the loss of expected profits either way it smacks of speculation. then. that is the one of them to the colombian government helping them to all citizens. it needs to sound meaningful. here we have to get it right before we send it. to you the secretary will check over everything and bringing.

this in big letters this 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 my mistake that we'll debate 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 what is being done is put out it is the listeners and their last words. ready

in their time to hit the road together with the other indigenous communities. one callous party out of their representatives that of course share porus resign i will present the declaration at a forum of indigenous peoples organized by the government and local town. alongside indigenous community members the meeting is also being attended by university experts n.g.o.s and government representatives. the forum aims to support south america's indigenous communities and both of their rights that includes the right to being heard about any plans for projects that affect their lives. more than

a 1000 delegates are attending the forum. you look at but this is a corporate responsibility that is not an option. one calloused profit a just all communities to stand together to strengthen their autonomy and ward off mining and tourism projects. to get that complying with the rules of conduct also cannot be optional we're talking here about the right to be heard about corporate responsibility and the minimum standards of ethics that companies must abide by this idea in. the press here who wants this information to reach a wide audience. for the board. and the offices of the ngo gaia he meets marco velasquez a lawyer specialized in international corporate law and human rights seem to me. if a company can't 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 a bad thing on the basis of our partners is that no one can verify you say they can't put a price tag on their assumed profits because they simply don't know what those profits would have been here but. they knew some concessions cannot go on the risky they know very well then never get $16500000000.00 i just put that some out there and then wait and see how much they can get out of it with a good open a business that is years of putting together in the lead in 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 either getting them here or going to the mark of alaska is alarmed by the lawsuits brought against his country by foreign companies he's published numerous

articles and this writing a book on the subject. in toronto he meets up with his former ph d. supervisor gus fun hearten to discuss the upcoming proceedings. just one hearten is an expert on international investment law and a prominent critic of the system of investor state dispute settlement he's been warning of its dangers for yes. well in fact the last weeks have been like a roller coaster in colombia and these claim. the one i wanted to talk to you about the. process go yet of ignoring case yes 16000000000 u.s. i would say 20 percent of colombia's national public budget it was quite surprising because public authorities were saying that the agreements negotiated were positive

for the corn 3 and that foreign 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 colonia has a weak date or ships were trying to solve our problems we're 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 it's not the 1st country to be surprised when the un by foreign investor claims these treaties are like a ticking time. bomb for taxpayer sooner or later they so there's not a lot of public discussion of these cases not i don't like weiss i have a column in the newspaper and i try to open the gate but the only thing i got from them was. for money and ignorance that's because it's embarrassing

to the trade department to see these treaties that they negotiated being used against the country if you're a foreign investor and you want to 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 their 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 the 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 free trade and investment agreement between europe and the u.s. and see set the comprehensive economic and trade agreement between the e.u. and canada both to ease into provisions for investment up a transition critics say the secrecy of the operation system is a threat to democracy everywhere. i've negotiated in good faith we've always said that we're not against a treaty with canada but we don't 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's. 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 a region with 3500000 inhabitants stonewalling in agreement that affects 500000000 europeans a small european legion 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 laws 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 or and a crime to structures it's making decisions that can harm the value of a company's 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 tribunal. donald are suing florence i was the

city's refusal to allow to open an outlet on piet's adult or more so mcdonald's super city of florence for damages again for investment that hasn't even been made yet for novices knocking about. that outrageous. the term indirect expropriation written into cease and most other trade deals opens a pandora's 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. i describe these trade agreements as particle accelerators is that there are a certain mechanisms of globalization and ultra liberalization. and who benefits

from these mechanisms the big winners are the multinationals the big losers are the citizens and the environment steve is the spence's are getting arbitration proceedings that allow investors to sue is de harbor a great risk. if this is good governance out of passing legislation in the public interest. let's say there are plans to pass you legislation banning integral disruptive. and investor could threaten estates out you're welcome to pass these laws but we will follow suit against them because rounds they will result in a loss of profits because we use these substances in our products you know. the consumer such threats will be a deterrent to european law makers. stephen and that will lead to an erosion of consumer protection in europe. any decision makers will balk at taking certain action out of fear of being sanctioned on silence is already skewed between very powerful corporations and we can states and that asymmetry will only become more

exacerbated. 2 there on the brink of a massive expansion of the wall. so what happens when we introduce a couple of new treaties like c. and the other big one is the trans-pacific. promoters are biased yes of long like to say well we already have 2 or 3000 of these trainees what's a couple or the combined with the sea. takes us from still having a loan already in the world to be common. a stylish global institution wider foreign investors have the most powerful right at the international level of any private party in the world most people think about trade they think about goods and services being exchanged between countries and the investment component the

investment chapter of a trade agreement is about something very different it's about establishing a special system of international protection for foreign assets it's like creating a core 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. from harkins position is shared by a large community worldwide lawyers make is n.g.o.s they all one of the danger these agreements and upper tracing tribunals pose to citizens around the world. knew. we had the case is different solutions if an investor feels unfairly hummed

which can happen they should have access to a state cool even before 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 regulations it's essential to maintain this balance of power. and investment up a trace in proceedings launched corporations can assert their will for the most part in utmost secrecy. this secrecy don't honey obscures the process from the public it's the very foundation of this parallel justice system that forces states to agree to supplement and wave is detrimental to the interest. the public and the environment. take this case in europe and 2009 swedish energy giant of what in fact one of europe's 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 create an expert in international law at the university of new and back. every tradition or secret because not all progress the parties from negotiating 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 plant's use of river water and its impact on fish to get a permanent license button for would have to comply with these new measures.

but involves reaction it immediately sought arbitration seeking 1400000000 euros in damages. so you're making a claim to the public official saying your decision not to grant this permit will cost the taxpayer $1400000000.00 euros and that that's that's a that's something that public officials to gary seriously the german government entered secret negotiations with martin fall 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. and of the story. ski has examined the tribunals decision in detail it refers to an opaque settlement which vattenfall in the city of hamburg a set of reach before hand of course. or. and so that's

when i said well if they reached a settlement in front of us the court in terms of them 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 the new permits which is less restrictive than the op and that's the. button for didn't want any questions i wanted a change in the public and that's what they got it's hard to believe but hamburg's 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 them

we can't you cannot we 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 bound to blackmail from corporations. that settlement with vattenfall has signed in secrecy on march the 11th 2011. that same day a devastating earthquake rocked japan. folks she many theaters are asked to shock the world and profoundly change policy

and berlin shield by germany's 5 decade old anti-nuclear movement a wave of protests and 450 cities underlined growing public opposition to nuclear power under pressure chancellor angela merkel made a decision the country's planned phase out of nuclear energy would be brought forward. to the matters not anything up on the bill i intially the traumatic events in japan were 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 focus shima changed my attitude toward nuclear energy germany will cease using nuclear energy by 2022 being in the thank you. thank.

the chancellor's 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 germany's 7 oldest nuclear reactors were shut down they included that poem spittle and clonal plants both operated by the swedish utility vattenfall. but involve responded by filing a complaint against the legislation at the constitutional court and caused what germany's 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 germany's nuclear phaseout this one at the u.s.

based international center for settlement of investment disputes the i c s id proceedings and as purely european case were held in washington good morning listening to them i over here are still hearing in pictures case number they are being slashed 12 slashed. in a matter between one button for baby claimants and the federal republic of germany as respondents. the presiding arbitrator was other john from a swedish attorney cuyahoga represented the claimant vattenfall and sabina connor represented the federal repub. of germany. but thoughts clane 4700000000 euros in damages as a consequence of the 13th amendment claimants lost their production licenses for the criminal plant and for the and broomsticks to plant they were simply withdraw.

the dispute does not concern germany's right as such to face up to any rather this dispute concerns the manner in which germany has chosen to be implemented stay so decision and its failure to prop to protect claimants investments in particular concerns germicide or to pay any compensation at all. the very heart and so most investor protection treaties is to provide protection against expropriation . the difficulty however would talk about indirect expropriation is to draw the line between expropriation on 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 walked the state regulates.

this. is. that yes yes that. you. mean. something is rotten in the state of denmark. it's a quote from hemlock mohamed asalam feels like the today. show copenhagen 1st 30 here and now against our enemies have officially declared his neighborhood to go.

look it up. it's a case of. 90 minutes. some time in the 26th. my great granddaughter. what move the world be like in your lifetime and around half a century. when i was born there were 3 people you will share the planet with. your world be around 2 degrees more. evidently sea level rise by at least one year in this century. we're going to have some climate impacts which are greater than what we see already. booked.

why aren't people more concerned. with the 1st. place. this is deja news coming to you live from berlin a tragedy on the danube river a tourist boat sings leaving at least 7 dead it bent down in the hunt given capital good luck to stalled with heavy rainfall hampering rescue efforts many of the passengers are still missing. also coming up

a setback for israel's binyamin netanyahu 2 months on from the elections the country's long time leader feels to form a coalition.