right 2 kilometers or buying one the extra time and dutch victory for its goal beats what so on in wednesday's 1st. up next doc film on the power of corporations i'm brian thomas for the entire team thanks for joining us have a great weekend and read it will be joining you at the top of the hour i've. got to get through the bundesliga break without a football thanks again. 6 months in the. not so good sleeping nights let's. look at the results on t.w. .

for some 2016 across europe tens of thousands mobilize against planned free trade deals with the u.s. and canada belgium's will only region is blocking csa amazing european pact with canada thrusting the into crisis. and is focused on a little known provision routinely included in trade deals at lowe's foreign investors to bring investment disputes before an international arbitration tribunal and multinational corporations to soon sovereign states for billions of dollars. but what are these tribunals who handles their cases and who represents the interests of the people after all it's taxpayers who foot the bill. to get a clearer picture with salmon an unpaid system that circumvents national courts and affectively hands foreign investors the power to pressure the democratically

elected governments. whether it's an industrial power or developing country every nation. is vulnerable 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. the focus she my nuclear disaster shocked the world and profoundly changed german energy policy. driven by the country's anti nuclear movement protests in

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. by focus iemma changed my attitude toward nuclear energy germany will cease using nuclear energy by 2022 in that thank. the chancellor's decision to exit nuclear power was written into nor 4 months later when the stock overwhelmingly backed the 13th amendment of the nuclear power act. soon after the 7 oldest nuclear reactors was shut down. they included the. plants both operated by the swedish utility voting 5.

fucking father sponsored by filing a complaint against the legislation at the constitutional court in calls for germany's highest court. civil and criminal jurisdiction. but as a foreign investor it also had the option of bringing germany to an international arbitration. the company had successfully taken this route before why not try again in 1012 it submitted a separate claim against germany's nuclear phaseout this one at the us based i c s id the proceedings took place in washington even though this was a purely european matter. good morning lesia anthem and i'll bring a wristy arbitration hearing in next it's case number a rb slash 12 fresh 12. in a matter between one 4th and 4 baby claimants the federal republic of germany has respondents. the presiding arbitrator was out young fun and bare button

pub was represented by swedish attorney cuyahoga the federal republic of germany by subpoena concord. button false claim 4700000000 euros in damages. doesn't matter if a paul of a has adopted the law in the most democratic way. it can still violate international obligations that the state has undertaken in the international treaty. or bristly it is for each individual state to decide whether a lot they want to sign such treaties were germany is trying to do in this arbitration is tricks ploy to fukushima disaster. to create a narrative that would excuse its wrongdoing. you can put perfume on it but the bottom line here is that the international and peace treaty govern this dispute.

legally germany couldn't challenge a treaty it had already ratifies but it could prove that the swedish energy giant. ted failed to meet its obligations creating a threat to public safety. claimants now seek compensation for their own business failure and billions for plants which were not tarrie for their problems but apparently in that. reality a burning transfer meter is totally normal as are bursting pipes also normal environment house universe are corroded barrels with radioactive waste . but in fall have shown us from motional video of the crime of power plant in that video none of the events that are listed here on the slide feature and points but both of them have been standing still. not because of fukushima

not because of the moratorium not because of the 13th amendment but because of a multitude of incidents. criminal brutal shed light on a ray of shortcomings to feel understood. and a nuclear physicist with greenpeace was appointed an expert witness by the federal constitutional court he conducted a thorough investigation of the planting facts. and here experience even pro nuclear experts were questioning why these reactors were facing so many problems and anomalies for the feel of. a trade in his show much of the business which is sealed chromosphere it was a fire in one of the transformers in 2007. and. the

machine it runs from are the hottest the transformer had about 70 tons of oil in it . when this oil caught fire it's. a huge blaze. the entire reactor and surrounding area was envelop in black smoke. or this had sieve and that revealed many defects it came from the fire protection system was totally insufficient water reserves ran out while the fire was still going strong as clue which was from an external short circuit can trigger a chain reaction that ends in disaster. button for the lawyer hid behind the law and strict interpretations of legal guidelines to avoid any recognition of company liability. what is very clear that this group of people or many of them have been educated in a particular but they are all educated in this particular way of looking at

international law as a sort of technical matter and at the same time thinking that giving companies as many rights and privileges will benefit the global economy so lawyers are not trained in thinking about consequences of their cases lawyers are trained in thinking about a way apply the law. there's only a french term for this and the french term is the point. so this is what this really applies here people think in a very similar way this case is very controversial and has generated much public debate now why is that because it's an arbitration which should never have been brought under the energy charter treaty and under the exit convention. the reason for the amendment. the fukushima action you are correct that is correct if that is

a public perception. how would that legally translate into. the investment protection only c.t. . you know sure we can number of assumptions or don't ask you to do anything but sure do this would be because it is almost impossible hypothetical because you are . assuming that the public is wrong and the civil right or wrong the perception changes in the public how does that translate into legally into the city. and i was listening to wotton father's opening this morning. claiming that the 13th amendment was a political decision and they've said it quite often i wonder when political has become such a dirty word it comes from the greek political us which means relating to the people to the citizens to the state and democracy

is nothing if not political it is government of the people by the people for the people. it has to be political that's a definition and it's certainly not what. multinational corporations reject the political and democratic considerations of one state as if they operated outside politics and above the law but the lure still exist. while button for the case against germany continued in washington a verdict was reached by the constitutional court in concert or where the company launched its 1st complaint. to. the court ruled that the government's decision to shut down its reactors ahead of schedule was compatible with the constitution barton said power companies were

entitled to compensation for losses incurred as a result of the decision. so volleyball could no longer argue that it needed an international arbitrator to protect its interests because its claim to protection was recognized. was granted the right to compensation within the framework of our constitution so naturally it would be disastrous if despite our constitutional regulations a completely different outcome emerged from the proceedings in washington that would end the democratic rule of law in this country and. it's in visa lucian the shut down of nuclear energy in germany is basically a done deal and the anti nuclear side is justified to feel like the winner. for german states simply shocking what vattenfall did here that's must. be nice vattenfall is protected under german law. as

a foreign company it was not treated unfairly it was treated just like the domestic companies in the energy sector. and it's the. so it's clearly superfluous to take the case to an external arbitration tribunal that warman a ballpark figure for reasonable compensation for vattenfall would be in the region of several hundreds of millions of euros but in no way could it be the 4700000000 euros that bought in fall was seeking 5 get hit. the government will lay down the compensation in an amendment to existing legislation at that has to be approved by the bundestag. the process is very different in private arbitration the panel of corporate lawyers has the power to award much higher compensation sums without any outside review or appeal. and a considerable portion of the very high legal costs ranging between $4.00 and

$10000000.00 usually has to be paid by the country involved in critiquing the system we of course we need to to criticize also the power of the companies and we need to criticize what corporate lawyers do but we also need to point our fingers at the states and have we have to really say look. states created the systems and states have the power to get rid of the system that's and even if there are colombia or peru or developing countries even if they are mali and what have you the states have the power to get rid of the system if they choose to do so. but do they actually want to do so governments often have close ties to big business but involve for example have the chancellor's he or she even appointed its former c.e.o. now as good a nurse of son as special advisor to the government on climate protection.

like angle america state leaders are in 2 minds about the issue on the one hand they want to attract foreign investors with trade agreements that often. the national's attractive conditions. on the other they want to enact environmental labor and public health legislation that is often not in the interests of multinational corporations. no uber new constitution it's time we admit that we're dealing with 2 different systems of power. the 1st is the traditional power system the one that is increasingly being reduced to a folkloric accessory. from a kind of shadow play to entertain the public so i'm talking about the countries traditionally discussed in the newspapers shop france germany australia japan brazil the us and so on. walks alongside this there is

a 2nd entirely autonomy's power system that functions totally differently it doesn't copy the existing model it operates according to its very own rules so it appears multinationals view themselves as an independent system set apart from everything else in another dimension totally detached from the rest of the world. and the rest of the world in other words the traditional states their laws and judiciary must be dominated by this independent system of corporations and function according to its rules. and the actors in the system are completely invisible you don't see them at all. only leave work. together we welcome you all to today's hearing. in this case of the written crew group inc its claim into versus the republic of korea as responded and that is

exceed case number you and c t slash 13 slash one in the 1990 s. i was very interested in development strategies for emerging markets it was a very issue an exciting time after the end of the cold war as countries look for a new strategies for sustainable development and i thought. the flows of investment are fascinating but what is going to happen in 5 or 10 years from now. and that's the moment when i said i want to focus on the disputes that are inevitable. i met the steadily growing number of investor state disputes the global power of international investment tribunals has reached a moment proportions at the center of this case is a company that has caused suffering in both the us and. the brink a group has

a long track record as a polluter. it's owned by iran that the american billionaire industrialist he began his career as a rule street credit must run because lead smelter poisoned the small town of herculaneum in the state of missouri mining contamination by its subsidiary don't run through did the same to the royal high up in the end of. the 2 communities joined forces to take a stand against rancor. back in about 2001 i was taking a bus from one guy you'll up in the central highlands of peru down to the coast capital city where my family and i lived. before you get to the city you start to smell the city. you smell think you smell lead and then you see the vegetation begins to get out. and much of the rock is coated with white

gravy it almost looks like calcium deposits. and we stopped the bus and i got off to stretch my legs we were taking a break there in la jolla for about 10 minutes and there were a couple kids who were walking down the street with their mother they were hacking their lungs out they were coughing really really bad as we went to the side of the smelter the smokestack is. emitting tons of pollution but you see it's the passive contamination of what's leaking out this whole use of the smelter. there's no filter on that there's no chimney to get it up and out of the valley. emilia you know who you know you go to or you will get dark at noon because of the black smoke. just smell was terrible about it engulf the whole town research out here the smoke would drift toward us we'd feel it

immediately made our throat and head hurt. our eyes would start watering and we cough choked sometimes to the point where we couldn't even speak with you or services and sometimes children were confined to their rooms and we couldn't go out because there was too much smoke. the company didn't care and did nothing about it . he just carried on polluting and dumping its waste. in the state allow this contamination the peruvian government knew what was going on here everyone could see how damaging it was and the state should have done something about it but it didn't care there are no reports or c.e.o. . there was a sense that the proven government was not going to do anything to restrain the door run company from polluting that community of la toyia we didn't have a government that would. force compliance on foreign companies

the power balance was too out of whack it's so favor the company in this situation that that made it very difficult for the national government in peru to enforce environmental standards. when rancor purchased the copper lead and zinc smelter from the caribbean government to $997.00 it agreed to conditions it would have great the facility to make it less harmful to the environment. the company signed up to a new environmental management plan but instead of investing in cleaning up its plant in peru iran it used to facility to evade taxes he funnel the money into 2 of his other mining companies in the u.s. state of missouri and on the cayman islands. meanwhile not all year has become so badly contaminated that it featured among side 10 noble and a ranking of the world's 10 most polluted places that contract to give the facility wrinkle was a beriberi bath with a lot of guts

a lot of things that unfortunately the government of. assume that it's all to make more attractive the facility for the private sector it was the result of a very responsible. company that's reg and. weak government that approved for many time to pull full. obligation on research we meant to start the presbyterian church became more and more aware of the inner connections between. the u.s. economy and. emerging economies around the world particularly around the issue of extractive industries and we asked the question what if there was a connection nexus connecting folks in missouri with folks in peru. hunter for a was working in peru as

a presbyterian missionary from past to out in the stock and say nurse he heard about another day one facility causing as much environmental devastation as the one in peru a lead smelter and herculaneum in the u.s. state of missouri. this too was a ranking subsidiary. accompanied by the peruvian archbishop petro beretta visited the town. to exchange between the affected communities in peru and the u.s. . pastor eleanor stark had organized a meeting she invited some environmental health specialists from st louis university mandelson triangle and 2 representatives from la toyia community. we had a conversation had a meal together and talked for a couple of hours really just sharing experiences around the circle and as each person spoke every testimony that was given from people in her kill

a new the focus allowed or you would say that's the thing. situation we're facing the same situation in our city. this sense of solidarity between folks from north america and folks from peru as they realize they were facing the same issues and the same enemy and the stories were the same same things that were happening same relationship with the company same kind of intimidation and threats same kind of denying their resignation or same health issues in both places so the 1st thing that we saw as our task was to provide for the community accurate scientific data there was no doubt on the table and so people didn't have any leverage to be able to. hold the company accountable . the past as awareness campaign began to bear fruit.

in 2005 a university of st louis research team headed by professor from the serrano traveled to peru to conduct blood tests on residents of royal. you're referring to learn your does mean. in 2005 scientists from missouri came to do a comparative study on the lead content in the blood of the respective populations of la toyia and in the city of concepcion. the only the results were alarming. and seal they didn't just find. they found

a whole cocktail of heavy metals. such as cadmium. asked nick and mercury and. it was awful for us. not to find out we had all these substances in our bodies and had no idea. many things have happened here that we could no longer tolerate. this is unfortunately a very complicated matter especially in a case like this between a private company and the state. i know you've been fighting for your rights for 10 years but i can assure you that we will carry on and we will continue to support you we will continue to monitor what is happening here. was the president of the movement for health she was just a leader of the local community that connected with. non-profit organizations.

who are connected with. our movement has achieved a great deal. not just for a few people but for the entire population. we've also fought for those who have no voice for the children. the company don't run it did everything it could to silence workers and anyone else on the topic of pollution in la toya. p.s. you go more development of the thing about their work or what is good music with the learning they're really going to mean as. if you have a level of going to mean there's those who did talk about it in me they. were

declared enemies of the company. and of law or royal but. sometimes i feel bad when my husband says to me we didn't gain anything by sacrificing our shop. they forced us to leave. what did your movement do for us now that's how my husband talks you see you and i tell him. i didn't do this for my own personal gain no less what do you give me the. single i did it to change things. but to make a difference to people's health. so that they wouldn't continue to destroy our health. system and. the blood analyses carried out by the u.s.

researches so division and the local population. leaflet against the vampires from missouri who were sucking the blood of peruvian children. activists like rosa mara received death threats as they worked to raise awareness of heavy metal poisoning. the rancor group meanwhile threatened to shut the plant. to happening in. there are a lot and there were a lot of for a short mostly by the. it also all because of the old. or young to have the facility continue operating proving government was continually assaulted by the threats of the door run company which said 4000 jobs will be gone tomorrow local folks desperately needed the jobs so it became

a significant issue and every time there was a threat or the rumor moved through town saying that the company might be closed or the approving government was going to be forcing the closure of the company folks would hit the streets. and there is no you're not. you know i think it was easy as you know that there was. this and then yeah. only mother i didn't know you and you were able i mean just love it if you believe it was only very much. when i started. a long time ago not a 3 step where you go to your know your looks he's been you can see it out because

to me responsibility looked a little you just a moment of time when he's on the scene you're lonely as somebody in the same boat whose time it was 4 percent and it does get one thing not used to list unless you were not there when the 1st only i can do something you mean on the. the results of the medical study were clear the smelter was poisoning the people of low arroyo the findings left reuben anxious about his eldest son one. a couple can prove that these are the exact values of one's blood tests. as lead content in blood 35.34 arsenic 60.78. cadmium content in your own 2.67. is the mucus membranes in his mouth are infected and he has a speech impediment. he can't talk properly and it says here the child must leave lawyer. 97 percent

of the children had loads of false. sunless highest $30.40 micrograms per deciliter which would be crucial children in such positions in the us will be hospitalized here in the us. but. there are some significant cognitive disability there's some significant motor skill coordination issues children a lot oh yeah it would be losing between $1.00 and $3.00 i.q. points for every year that they lived in the city. was he to look is he this was that one needs intensive treatment. but i don't have the money at the.

level that he has shown that many of the. meaning you're seeing. that basically will say something is that he's it will be i'm open one of these if you will you that i embrace that boy about your implemented in order must be unpalatable kindness. is good i think but it's a school merely. for us you only get noised i wish ws only said we're not going to get a little bit on the base will be good look at them in getting more seats at the us and that's a good model yes here there he immediately is that if you hear you know we got that you know we're going. in 2009 the peruvian government cited run peru for environmental violations and now roy claiming financial problems ranko shut the facility its license was revoked now i remember turn the table. accuse peru of indirect expropriation and found an arbitration lawsuit against the

state the case was heard in washington residents of la arroyo were not asked to testify that being the case please let us invite mr hamilton to begin his or submissions thank you. for so enough to release. their record source of course it's one that can call it yours costs us yglesias. your choice by the race mud the race going impress us you thought about how glorious. your economic or. your woman or. the treaty allows an investor to bring a claim against the state either on the claimant's own behalf. for it's own injuries for state conduct or it may bring a claim on behalf of an enterprise that it owns and controls for loss or damage that the enterprise has suffered free trade treaties have this clause the state

investor clause which allow companies corporations to sue local community is government groups states nations if they feel that their profits are being undermined in any way past present or future profits. that means if local communities that are being poisoned if they object if they do anything that the company feels is interrupting their profits. they can be sued the local folks in peru have real fears a lot of doubts about the arbitration system feeling that it's almost like it's described as a faceless jury no one knows they're not accountable to us we don't know who they are we don't know who got them into those positions of arbitration it puts the decision making it took at away from local community and people who would live to

reap the consequences of those decisions and put it in the hands of people whom we don't even know. to give residents of la toya a voice peruvian archbishop petro beretta secured a public hearing before a u.s. congressional subcommittee. and fernando serrano from st louis university testified in july 2012. that is are. we have sound scientific evidence of the grave threat to the people of iraq and the environment as a studies have shown. of great concern again is there multiple exposure all of this toxic metals affecting the body and they feel the effects. so in the discussion of you can now make it legal in other factors related to the relationship between the united states government and peru in different work of the us trade free agreement

i believe i believe we must put and therefore says we must make a priority of the health needs to rights of the people of iraq especially the children and especially the unborn we had children being born with lead in our bodies and that is something that we consider completely unacceptable and like you know yes miss america she would say. nicely akiko. i am not here as a political leader you know as a technical expert. i'm here as a citizen of la toya and as a mother worried for her children. and his. help you know that those who support joe run have thrown stones at my house and threatened me with death yet the government gave to run several opportunities to end the pollution at the metal smelt out and then when the company it never did anything and now it has the nerve to sue the peruvian state that unless they look at

a one. on behalf of more than 1000 children from not a royal noise and sadness filed a suit against iran that in missouri. in 2010 a court there ordered ranker to pay $65000000.00 to clean up pollution at its leg refinery and herculaneum. concerning the children of the royal ironic came to peru and not record was liable for any personal injury claims. promptly after filing the notice of intent in december of 2010 rinko ran directly to the court of the united states in an effort to remove. claims brought by children of. from state court to federal court they'd written code did that by bringing to the

attention of the united states federal court the existence of a treaty dispute that case played out over a period of years and in 2016 the international tribunal found that ring to 0 had failed to comply with that obligation under the treaty to waive local proceedings it's a very specific requirement the interpretation of that requirement was agreed upon by peru and the united states and the tribunal found that there was a violation of that treaty requirement. the claim there to be arbitration will frankel was refused because of formal every sounds but sure wrinkle can again wreak labor resealed the peruvian government so that is why we do need to act with a lot of careful to avoid adult the risk of heavy rain. the

peruvian woman. it was a symbolic victory for the peruvian state. though it wasn't convicted the state nevertheless had to pay the legal fees between food and $8000000.00. the residents of herculaneum and the u.s. have received compensation the people of lower oil are still waiting and continue to breathe poisoned air my greatest hope is that people typically in the united states will recognize the cost of a lax legal system that allows corporate polluters to. literally get away with murder. at some point we've got to recognize the fact that while investors have rights. no one has the right to take away the intelligence of

any child and no one has the right to contribute towards children in a committed. the outcry and belgium's wallonia region served as a wake up call for europe and the blocs institutions to action and march 2018 the european court of justice revoked a 22000000 euro fine imposed by an arbitration court against slovakia the court ruled that arbitration clauses between member states violate. that could set a precedent for future investment disputes between him and that's. where that judgment. europe's top court appeared to be asserting its sovereignty and power to legislate. and the european commission is adapting its model for investment protection and

future trade deals with plans to set up a public international and permanent court that could replace private arbitration tribunals. let's not delude ourselves multinationals won't give up the power off and by investment up or treasure they can rely on the world's best attorneys to defend them in the name of free trade agreements signed by countries in the past. but awareness of the shadowy system gives civil society a choice it can remain vigilant protest and resist to prevent states from bowing to the economic and financial pressure exerted by corporations. to defend the power of state to enact legislation for the good of their people and to protect the health of citizens and the environment around the world so that government

decisions benefit the common good and not the commercial gain of multinational corporations. quadriga the international talk show for journalists discuss the topic of the week well the pundits are saying that the end piece nominee for german chancellor i'm going to malcolm suddenly how the coalition government appears to be on its last legs so does it only need for germany and its international part that's find out from quadriga shortly. quadriga and 30 minutes w.

. pipe or hysteria. artificial intelligence in daily life certainly has its perks but also its downside. this new technology actually intelligent or just cleverly programmed scientists to tackle that question with surprising results to borrow to dig. deep to. what secrets lie behind these moves. to find out in an immersive experience and explore fascinating world cultural heritage sites. d w world heritage 360 get the amount. of.

cut. cut. cut. this is news coming to you live from berlin a record high for germany's environmentalist green party a major open in potions the greens would come 1st in a national election edging out a chance to impact those conservatives are we witnessing a major shift in german politics also coming up. a mystery just.