minds. rock and. i am. simply reduce it down to by the church. i know the evil feeling that you feel when you fight. to. stop it no one is more popular than jesus was. and. a clash that springs from many places too late. for that to really suit your reconciled it caused the devil. june 17th t.w. .

wilson 2016 across europe tens of thousands mobilize against planned free trade deals with the u.s. and canada belgium's were loney region is blocking sita amazing european pact with canada trusting in you into crisis. and is focused on a little known provision routinely included in trade deals at last 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 we examine and i'll take system that circumvents national courts and affectively hands foreign investors the power to push at demi. recently 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. and. the focus she my nuclear disaster shocked the world and profoundly changed german energy policy. driven by the country's 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. changed my attitude toward nuclear energy germany will cease using nuclear energy by 2022 in that thang. the chancellor's decision to exit nuclear power was written into law 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 and 5.

fucking father sponsored by filing a complaint against the legislation at the constitutional court in council or germany's highest court of 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 may 2012 it submitted a separate claim against germany's nuclear phaseout this one at the u.s. based i c s id the proceedings took place in washington even though this was a purely european matter. well good morning ms gentleman i'll bring a wristy arbitration hearing in next it's case number they are being slashed 12 thresh 12. in a matter between one 4th and 4 baby nice claimants and the federal republic of germany has respondents. the presiding arbitrator was out at young fun and bare

button but was represented by swedish attorney cuyahoga the federal republic of germany by subpoena concord. but in fact claimed 4700000 euros in damages. doesn't matter if paul of the has adopted the law in the most democratic way. it can still violate international obligations that the state has undertaken in the international created. all bristly it is for each individual state to decide whether a lot they want to sign such treaties with germany is trying to do in this arbitration is tricks ploy at the fukushima disaster. to create a narrative that would excuse its wrongdoing. you can put profumo on it but the bottom line here is that international law and the city govern this dispute.

legally germany couldn't challenge a treaty it had already rectifiers but it could prove that the swedish energy giant had failed to meet its obligations creating a threat to public safety. claimants now seek compensation for their own business failure billions for plants which were not tar it is for their problems but apparently in. reality a burning transfer meter is totally normal. are busting pipes also normal invoking false universe corroded barrels with radioactive waste. let me follow shown you from motional video of the crime of power plant in that video none of the events that are listed here on this night feature and plans 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 groups brutal shed light on an array of shortcomings to feel understood. a nuclear physicist with greenpeace was appointed an expert witness by the federal constitutional court he conducted a thorough investigation of the plant the facts. and here experience even pro nuclear experts were questioning why these reactors were facing so many problems and anomalies. of confusion in the sealed chromosphere it was a fire in one of the transformers in 2007. machines

and some are the hottest the transformer had about 70 tons of oil in it. when this oil caught fire it created a huge blaze. the entire reactor and surrounding area was enveloped in black smoke . or this had revealed many defects it came from the fire protection system was totally insufficient water reserves ran out while the fire was still going strong 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. well it's very clear that this move of people who are many of them have been educated particular where they're 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 kids as lawyers are trained in thinking about a way apply the law. there's only a french. 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 it through the amendment was the fukushima action is that correct that is correct if that is

a public perception. how would that legally translate into the investment protection. you know i make a number of assumptions and i don't ask you to do anything but sure this would be because it is almost impossible hypothetical because you are. assuming that the public is wrong and the right or wrong perception changes in the public how does that translate into legally into a new city. and i was listening to barton fats are opening this morning. claiming that the 13th and 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 off the people by the people for the people it has to be political that's a definition and it's certainly not a dirty word. multinational corporations reject the political and democratic considerations of her state as if they operated outside politics and a buffalo but the lure still exist. while voting for the case against germany continued to march into a verdict was reached by the constitutional court in concert or where the company launched its 1st complaint. 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. and gotten farrakhan sovaldi fall could no longer argue that it needed an international arbitrator to protect its interests because its claim to protection was recognised. 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 the democratic rule of law in this country and. its own views in addition 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. we were fired for. for german state simply shocking what vattenfall did hear us must confide in me 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. so it's clearly superfluous to take the case to an external arbitration tribunals and 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 to fight against it. the government will lay down the compensation in an amendment to existing legislation and then has to be approved by the bundestag. the process is very different in private up attraction the panel of corporate lawyers has the power to award much higher compensation sums without any outside ravine or appeal. to 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 they are colombia or peru or developing countries even if they're 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. it's a big business but in fact for example had the chancellor. she even appointed its former c.e.o. get a notice of sun a special advisor to the government on climate protection. like.

most state leaders are in 2 minds about the issue on the one hand they want to attract foreign investors with trade agreements that offer multinationals 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. not even you don't consider it 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. a kind of shadow play to entertain the public and. i'm talking about the countries traditionally discussed in the newspapers shop france germany australia japan brazil the us and so on. do 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 leader 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 live work. together. we welcome you all to today's hearing in this case of the red crew group inc it's claiming to vs the republic of peru as respondent and that is exit

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 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. and that the steadily growing number of invested state disputes the global power of international investment tribunals has reached a moment proportion and at the center of this case is a company that has cooled suffering in both the us and. the brink a group has

a long track record as a pollution. it's owned by iran that the american billionaire industrialist he began his career as a rule street credit last run because lead smelter poisoned the small town of herculaneum in the state of missouri mining contamination by its subsidiary don't run peru did the same to la roja high up in the andes the 2 communities joined forces to take a stand against mankind. back in about 2001 i was taking a bus from one guy you're 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 led you see the vegetation begins to just 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 which you see it's the passive contamination of what's leaking else the stoles of the smelter. there's no filter on that there's no chimney to get up in 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. smell was terrible one bit engulfed the whole town we set out here the smoke would drift toward us we'd feel it immediately

go to meet our throat and head hurt so yeah larry. our eyes would start watering and we call choking sometimes to the point where we couldn't even speak. so this is sometimes children were confined to their rooms and they 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 when the state should have done something about it but it didn't care they were going to put those you know. there was a sense that the proven government was not going to do anything to restrain the go 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 peruvian government in 1907 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 clean 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 earlier has become so badly contaminated that it featured alongside chen noble and a ranking of the world's 10 most polluted places that contract to give the facility growing call was a beriberi backed contract with a lot of guts

a lot of thing that unfortunately the government of assume that it's all to make more attractive the facility for the private sector and it was the result of a very a responsible. company that's reg. and i bury weak government that i proofed for many time to feel full. obligation on research we meant to start the presbyterian church would became more and more aware of the inner connections between. the u.s. economy and it 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 almost working in peru as

a presbyterian missionary from past to out in the stock and say no yes he heard about another day one facility causing as much environmental devastation as the one in peru a lead smelter and how khamenei and in the u.s. state of missouri. this too was around consent city or. accompanied by the caribbean entrepreneurship petro director for all visited the town stop arresting 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 fed mandell struggle and 2 representatives from the local your 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 any of the

folks allowed or you would say that's the same situation we're facing the same situation in our city. it galvanized this sense of solidarity between folk. from north america and folks from peru as they realized they were facing the same issue 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 there was an issue of 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 data on the table and so people didn't have any leverage to be able to. hold the keep the company accountable. the past as awareness campaign began to bear fruit.

in 2005 the university of st louis research team headed by professor from the serrano traveled to peru to conduct blood tests on residents of la roja. the. printer to learn your lesson. 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 still 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 a local community. 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 doe run did everything it could to silence workers and anyone else on the topic of pollution in la toya. yes he will more. than ever they are what is. learning they're really going to i mean as you know. if you have a level of condemning those those who did talk about it in any. were declared

enemies of the company. and of law or royal. 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. and i tell him. i didn't do this for my own personal gain. i did it to change things but to make a difference to people's health. care so that they wouldn't continue to destroy our health and. the blood analyses carried out by the u.s.

researchers so division and the local population. leaflet against the vampires from missouri who was sucking the blood of peruvian children. activists like rosa mara received death threats as they worked to raise awareness of heavy metal poisoning. the record group meanwhile threatened to shut the plant. to cup inning in. there i looked and there were a lot of for a short mostly by the way. and also because of the old that we would all yet to have the facility continue operating proving government was continually assaulted by the threats of the door run company which said $4000.00 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 you can write with. ideas you know that. just and yeah yeah. i know you're. encroaching on. all the mother i didn't know you well i mean i just love it if you believe it was only very much. when i started. telling the not a 3 state variable you know you look she's fit you can see it on because they and

their supporters abroad look a little you know it's a momentous time when he's on the scene you're lonely as somebody in the same boat who's coming to visit your persona and it was giggling not used to list unless you were not i would have thought i could do something i mean on the. the results of the medical study were clear that the smelter was poisoning the people of la arroyo the findings left reuben anxious about his eldest son one. a couple can't prove that these are the exact values of one's blood tests. has led content in blood 35.34 arsenic 60.78. cadmium content in your own 2.67. there's the mucus membranes in his mouth are infected and he has a speech impediment. he can't talk properly and says here the child must leave.

97 percent of the children had legs of also. some as high as $30.40 micrograms per deciliter which would be crucial children in such conditions in the us would 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. policy to look they see this was that one needs intensive treatment. but i don't have the money at that.

level that he does feel that many of us pick up at the lamas that mean you'll simply do not have got a while that basic cable say something that is it will be a moped one of these if you like you've got a lane but it's hardly a run on the fence you'll believe me until in order must be entirely true. i get that he will be getting good will get us here but it's a school in the early. for us you want to get noise that we've got hold us and he said we're not going to get a little bit of that base will be going to get them in get him or says yeah but all the us and that's a good yes here he immediately is that if you hear he's told the guy that you know we go you're. in 2009 the peruvian government cited around peru for environmental violations and now roy planing financial problems franco shut the facility its license was revoked now i remember turned the tables. accused 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 oral submissions thank you. it's enough when they record source but that looks of course it's one of. us costs us yglesias. yours by the race mud the race got impress us you thought about how glorious. your economic or. your man or. the treaty allows an investor to bring a claim against the state either on the claimants own behalf for its 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

a 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 put the decision making it took it 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 have a voice peruvian archbishop petro beretta secured a public hearing before a u.s. congressional subcommittee. rosa and fernando serrano from st louis university testified in july 2012. that is are. we have sound scientific evidence of the great threat to the people of iraq and the environment as a studies have shown. great concern again is there multiple exposure all of this toxic metals affecting the body and because of the effects. so in the discussion of the economic and legal and other factors related to the relationship between the united states government and peru it different work of the us trade for the agreement i believe i believe we must put an emphasis we must make

a priority of the health needs to rights of the people of iraq especially the children and especially the unborn we have children being born with it in their bodies and that is something that we can see they are completely unacceptable. like you know as miss america if she would sing. nicely akiko. i am not here as a political leader nor as a technical expert. i am here as a citizen of lot of reuter. and as a mother worried for her children. and hey source for help you know that those who support joe ron 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. the company never did anything and now it has the nerve to sue the peruvian state that unless they look at it one.

on the half of more than 1000 children from not a royal noise incident of this filed a suit against iran at the misery. in 2010 a court there ordered renko to pay $65000000.00 to clean up pollution at its leg refinery and herculaneum. concerning the children of the royal ironic came to peruse and not run code 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 law roya 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 rent-a oh 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 i'm going to be arbitration will fraenkel was refused because of for a mile every songs but sure wrinkle can again wreak leymah resealed the government so that is why we need to act with a lot of careful to avoid the risk of how we re glug aig so we the

peruvian woman. that 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 her khamenei i'm in the us have received compensation the people of lower area are still waiting and continue to breathe poisoned air my greatest hope is that people between the united states will recognize the cost of a wax 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 boys and children in any given. 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 the e.u. members. with its judgement. 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 often 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 states to an actual 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. in. squirrely jo and still one of the current players supressed is back on the road. and bigger and more high tech. in new c.l.a. truth from the city. just try to keep that. private in 30 minutes until. the golf life. silky

skills. devastating counterattacks. phone trouble power. now football is on the front page of. the women's game is growing all over the world but some men still don't take them seriously when will own prejudices finally be overcome. in 60 minutes on d w. their super shot. many are themselves away super secretive then you'll hear of the jingling the coins and super her. definitely around 20000000000 more or less. how do germany's wealthiest people live why do they

keep such a low profile. snoop around to catch a glimpse. of the market top of the world to discuss life for the super rich starts june 10th to double. thousands of people have crossed from venezuela to colombia after venezuelan president nicolas maduro reopened a pedestrian border bridge many were seeking food and medicines that they cannot obtain in crisis hit venezuela the bridge was closed for months ago as the opposition tried to get humanitarian aid into the country. albania as president has canceled upcoming municipal elections citing the need to reduce political 10.