tv Doc Film Deutsche Welle June 1, 2019 9:15pm-10:01pm CEST
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africa. autumn 2016 across europe tens of thousands mobilize against planned free trade deals with the u.s. and canada belgium's one linear region is blocking csa a major european pact with canada thrusting the room into crisis that that anger 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 that cases and who represent the interests of the people after all it's taxpayers who foot the bill.
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to get a clearer picture we delve deeper into an appendix system that circumvents national courts 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. in colombia deep inside the amazon rain forest the canadian mining company because
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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 caciques plants 2 . for years the company tried to negotiate with the colombian government then in 2016 underage rendell cacique as chief operating officer moved in to speak to the international arena together with cacique as u.s. partner to the 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 of my time
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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 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. and his rental found a suitable attorney to represent his company in paris. a corporate lawyer a specialist an arbitration. ringback ringback somewhere in the middle of course. your attrition. there's a good meeting all of the 3 or big critters that will consider the arbitration
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panel this should still take a few weeks at least from 0 i believe columbia well challenge the jurisdiction of the courts the court will have to. this is enough of this we're confident and and then we will really move to z. yes that's the case yeah hopefully hopefully they're crossing fingers they'll be productive be nice. cosi go 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 there one of our biggest 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
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as a whole and the company. just kinda cute i think what's noteworthy about this case is that cosequin had already been granted a mining from it by the state mining authority and suddenly from one day to the next the company is told the area is not closed you are allowed to conduct ground exploration for 10 years but now your license is no longer valid so we've only seen can you put on. a lot you 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
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combine their resources and work under the colombian government regulation and help the ministry of mines find assets for the colombian people. most of whom can you show me the contract to kill. as on direct and in direct expropriations again. these are the rules of arbitration to fight more of the war of course the us state has the right to change its policies it can even nationalize assets if it wants to let you know these trade agreements don't rule such measures out. the agreements laid out are clear rules that must be taken into account. this afternoon 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
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by a country's laws or policies. he says he disturbed always in the trade agreements are designed to foster economic development to that end investors need to be given reassurances and the agreements need to be deep a little. 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 the 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 law 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
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the interest of the affected population. when we were beginning to enjoy 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 big guy and so 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
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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 of that mine 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.
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the little piece of that and yet the plane came 3 times. we had only came to drop their reports geologists biology etc you get on here a little below go even the big boss came. and with. it here. and there then the. monument being played we were all assigned different tasks perhaps to guide them around the area some accompanied biologists i guided a geologist. with we followed the path and every 100 meters he'd pick up a rock smash it and put it in his pocket. he rocks we discovered that they really is gold in the region will not i guess. what did they suggest. that they told us if they could mine gold in this area we would get one percent of
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the profits. that if the job was. put into it nobody from cosi 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 meters. drill a hole install their machine. and again and then plant new trees. i said but out of this. the national park the pretext the ancestral territories of indigenous groups was established with the assistance of the ngo guy amazon us now 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 i don't believe that if they said it would bring us many benefits. that
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a bad economy. by working in the mine we could and so much that we could buy a house of colombia in our own as you know news of this area we'd read many rewards . and 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 that. is the lungs of our planet in the world. our ancestors describe the water there as bryce and clear today it's a garbage dump. there's no life left in the water and there are unused machines everywhere and huge excavators still in operation and let's not forget the minus only a little. if
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they do get there 1st. this is the center of wisdom science and the power of this continent and. when there wasn't mass. you know the birth of a child we celebrate a kind of baptism people all of these places are essentially for this ceremony this thing because it's their power and wisdom that promotes the growth and intelligence of a newborn child that gets sick if i see the energy of these places strengthens the child's connection to nature of the bet 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 from disease because you and i you died by our youth that look
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with us you are. 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 at that time festive as living organisms and ceremony the shaman mentally tools a mind that connects all of these sites it's the power of healing it must remain intact and never be severed. with or have waited to hear it that time if they are ancestors describe the earth as a small sphere floating on water and that said by this wonder jungle is a raft floating on the waters that it can sink very quickly.
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and this place is like the hardest phone or 4th pillar that maintains the equilibrium of the earth thought it what would it feel to always take you there we allow this place to be exploited he said the c.c.c. do they happen we move one step closer to the end of the world and was put on the top row eskimo across the mouth in my mind. i caught him. in the world. the. the all. the. members of the local communities were not always united in their rejection of the
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mine. and just random promised them financial advantages and a better life. some indigenous leaders mostly elderly opposed mining from the outset but others were tempted to accept rental 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 casey 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 man i get it time to take. him out now should we work in the mind of it and by that i would have been a monica anybody why should we dig back all the time. to get it back to what good
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will it do us. yes my looking at it. a little for everybody although you only hear this one is our whole our origin. and this land harbors raw materials that we call gems they're not disgusted and degree this land must not be exploited i think a little more going to be as you are a model of new york into the better why we are the ethnic groups of this region have come together. we have decided together. yeah there we will not work in the mind and the mood of the recording and that we will defend our territory we don't need anyone now says he i know you think. that what you're. looking for in. the indigenous communities worldview is diametrically opposed to that of the mining company. or the former want to protect their intangible cultural
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heritage and right to self-determination the latter of focused on their profits and how they can extract gold from the depths of the amazon rainforest. to haiti yet you're here a dan rather than the one eyed that with the so-called pleasure that was charged also directed will close to that so if you don't like it still is. this is comedy and we can do what we want and i got us a super stand that you solicited us she said yes she did but we decided to part out there at your last. message understand there's were time i got it we silly received for 60000000 because that's the biggest iron ore gold mine by in all colombia copy and all of us south america i very positive economy is going to lose the issue by come out easy going to be 16 bathers they got
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a decent number 3 updated 68 i bet it's closer to 8 you were. $16000000000.00. for a few studies and expeditions into the amazon even $16000000.00 a some $1000.00 times smaller would be assured compensation or is columbia being asked to pay for the loss of expected profits either way it smacks of speculation. but then there is the hope of the end 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 the secretary will check over everything they say on.
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this in the letter this is our declaration to the colombian government to all citizens the media and all interested parties at home and abroad we hereby declare my mistress' that we look good any kind of mineral extraction on our territory because practice does not correspond to our customs and traditions but our lives are governed by the laws of our ancestors and by the spiritual and cultural agreements between our communities what is being disputed that it is the listeners and their little buggers. all.
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the time to hit the road together with the other indigenous communities. one callous party out of their representatives that their core here are porous resigned will present the declaration at a forum of indigenous peoples organized by the government and local time. alongside indigenous community members the meeting is also being attended by university experts n.g.o.s and government representatives. the forum angsty supports of america's 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
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a 1000 delegates are attending the forum. you can look at but there's a corporate responsibility that is not an option that you. juan carlos profit or urges all communities to stand together to strengthen their autonomy and ward off mining and tourism projects. ek 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 his idea. that he had to wants this information to reach a wide audience. in the. form the board. and the offices of the ngo gaia he meets mark over last kess a lawyer specialized in international corporate law and human rights see. if a company can't just say the colombian state which we were going to help build schools
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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 biopic on the basis of our partners is that no one can verify they can't put a price tag on their assumed profits because they simply don't know what those profits would have been but i can also tell you some can see and can look honestly you may know very well them never get 16500000000 dollars i just put that some out there and then wait and see how much they can get out of it look it up on the basis of the years that putting together the would be needed 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 you have to take them here you go back over last case is alarmed by the lawsuits brought against his country by foreign companies his public. numerous
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articles and this writing a book on the subject. in toronto he meets up with his former ph d. supervisor gus fun hotton 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 he's been warning of its dangers for yes. well in fact the last weeks have been like a roller coaster in colombia and in these claim. the one i wanted to talk to you about the one. for us to go yet of in any 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
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for the corn 3 and that foreign investors would never start claiming the contrary in these very moment but this 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 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 by a 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 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 perp. permanent ignorance that's because it's embarrassing
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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 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 it 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 and but in the back story. october 2016 europeans take to the streets to protest the lack of transparency in
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proposed international agreements specifically teated 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 include provisions for investment up a transition critics say the secrecy of the operation system is a threat to democracies everywhere. i've looked and she acted in good faith we've always said that we're not against a treaty with canada but if you don't want 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 well lonia 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.
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. 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 wars that could trigger investor lawsuits. if a country privatized 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 disruptors 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
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a private arbitration tribunal. remember that donald is suing florence i was the city's refusal to allow to open an outlet on p.r. so that or more so mcdonald's sued the city of florence for damages again for investment that hasn't even been made yet for novices marking up. 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. it's also not describe these trade agreements as particle accelerators they excel or a certain mechanisms of globalization and ultra liberalization were not cynical and . benefits from these mechanisms the big winners are the multinationals the big
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losers are the citizens and the environment steve is the specific i think arbitration proceedings that allow investors to sue a state harbor of great risk. this is good governance out of passing legislation in the public interest. let's say there are plans to pass you pain that's just nation banding into crime disrupted. and invented it could threaten estates out you're welcome to pass these rules but we will father will see to get them because rounds they'll result in a loss of profits because we use these substances in our products you know. that we consume such threats will be a deterrent to europeans you'll make. being stupid and that will lead to an erosion of consumer protection in europe one example the if you can live will be many decision makers will bolt to taking certain action out of fear of being sanction on the balance is already skewed between very powerful corporations and weaken states
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and that asymmetry will only become more exacerbated. they're on the brink of a massive expansion of the role 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 for motors or biased yes of long like to say well we already have 2 or 3000 of these trainees what's a couple more teeth that combined with the c p p takes us from still having a minority role in the world to be calming and establish global institutions why the foreign investors have their most powerful right at the international level of any private charter in the world most people think about trade they think about goods and services being exchanged between countries and the investment component
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the investment chopped or of a trade agreement is about something very different it's about establishing a special system of international protection for foreign owned assets it's like creating a new core for the world. that protects the property rights for. the farmers are of course very easily in effect very companies or very wealthy individuals. just an artist position is shared by a large community worldwide lawyers law makers n.g.o.s they all move on of the danger these agreements and other tracing tribunals pose to citizens around the world. new skin to pillage or the advocate is different solutions if an investor feels unfairly harmed which can happen they
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should have access to a state called evil the 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 regulations it's deeply it's essential to maintain this balance of power. and investment up a tradition proceedings large corporations can assert their will for the most part and utmost secrecy. the secrecy not 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 weight is detrimental to the interests of the public and the environment. take this case in europe and 2009 swedish energy giant of rotten one of europe's largest energy producers filed a lawsuit against germany over a dispute with the city of hamburg the case was kept under wraps for years until it
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was on earth by marcus create 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 there is. 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 vattenfall would have to comply with these new measures.
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but involves reaction immediately sort of attrition 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 figure 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 they settled. and of the story. kind of ski has examined the tribunals decision in detail it refers to and i pick settlement which vattenfall in the city of hamburg a set of reach beforehand court. or. and so that's
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when i said well if they reached a settlement in front of the rest the court in front of them this is a piece of information that i can request and the federal government refused. but the city of hamburg sent to. the city gave the new permits which is less restrictive than the op that's the. button for i didn't want money buttons i wanted a change in the public and that's what they got it's 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 can't you cannot
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become a 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 the 2000 signed in secrecy on march the 11th 2011. that same day a devastating earthquake rocked japan. focus disaster shocked the world and profoundly changed policy and berlin sheild by
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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. the matter snidely thing happens and then i intially it would be better traumatic events in japan where turning point for the world and for me personally love 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 in the thank you. thank.
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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 plots both operated by the swedish utility vattenfall. 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.
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based international center for settlement of investment just being the i c s id proceedings and that's purely european case were held in washington well good morning lesia and i'm i'm i open university i was just in hearing dikshit case number they are being slashed 12 fresh 12. in a matter of 3 and one button fall a b s claimants and the federal republic of germany s response. the presiding arbitrator was other john from a swedish attorney cuyahoga represented the claimant vattenfall and sabina conrad represented the federal repub. of germany. that involved train 4700000000 euros in damages as a consequence of the 13th amendment claimants lost their production licenses for the criminal plant and for doing and drumstick plant there was simply withdrawn.
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the dispute does not concern germany's right as such to face up to and rather this dispute concerns the manner in which germany has chosen to be implemented stay self-sufficient and to stay to prop to protect claimants investments in particular concerns jim his failure to pay any compensation at all. the heart and so most in this protection treaties is to provide protection against expropriation . the difficulty however when we 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 in the esters enjoyed under the treaty is could influence how and what the state regulates.
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soldier reconcilable playoff devilment and. june 17th t.w. . this is their. the news live from the serious at last rebel stronghold faces an all out assault as government forces advance on it live human rights groups are warning of an unprecedented humanitarian crisis also coming up. hundreds of people demonstrate this support for israel here in berlin and protest a much larger anti israel rally also taking place in the city. and another mass
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