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#isds

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Emeritus Prof Christopher May

Investor State Dispute Settlement is being blamed for countries' slowness to shift regulatory structures against the continued development of fossil fuels' extraction - the fossil fuels sector has been a voracuus user of ISDS and has profited handsomely from settlements....

So, what is ISDS?

A couple of years ago I wrote this quick guides @NWBylines which you may find helps you understand what is going on.

northwestbylines.co.uk/environ

North West Bylines | Powerful Citizen Journalism · Investor State Dispute Settlement: the rule of law, or instrument of corporate power?Investor State Dispute Settlement mechanisms have been called anti-democratic and damaging to the environment, yet the UK has signed up to one.
Public
CelloMom On Cars

Why fear of billion-dollar lawsuits stops countries phasing out fossil fuels

"A 2023 UN report by David Boyd, the special rapporteur on human rights and the environment, found Denmark, New Zealand and France had limited their climate policies because of the threat of #ISDS. The report stated that this threat has become a “major obstacle” for countries addressing the #climate crisis."

theguardian.com/environment/20

The Guardian · Why fear of billion-dollar lawsuits stops countries phasing out fossil fuelsBy Phoebe Weston
Public
Guy

These are the kind of stories highlighting the dangers of #isds when letting foreign investors in with their demands of profit. Particularly around big oil, mining, tobacco, etc.

This is also why we must resist new mining at the Coromandel in Aotearoa or sea bed mining off the west coast. Even if it means some lost potential jobs. But with the profits going overseas, that but will never make up for the mess left behind when they leave.

theguardian.com/environment/20

The Guardian · Fearing toxic waste, Greenland ended uranium mining. Now, they could be forced to restart - or pay $11bnBy Patrick Greenfield
#freetrade
Public
Matthew Rimmer

Fearing toxic waste, Greenland ended uranium mining. Now, they could be forced to restart - or pay $11bn
theguardian.com/environment/20
#ISDS #mining #environment

'When it took power, the new government kept its campaign promise, passing legislation to ban uranium mining. While not primarily a uranium mine, the Kvanefjeld project would require unearthing the radioactive substance to extract its rare earth oxides, putting it in violation of the law.

Many Greenlanders celebrated the vote as a victory for health and the environment. But three years later, the company is suing Greenland for stopping its plans, demanding the right to exploit the deposit or receive compensation of up to $11.5bn: nearly 10 times the country’s 8.5bn krone (£950m) annual budget.

Kvanefjeld’s operator, Energy Transition Minerals (ETM), the Australian-listed company formerly known as Greenland Minerals, argues that the decision to ban mining amounts to expropriation by Greenland’s government and any environmental concerns would be addressed with the “best environmental practice, where this was technically, practically and financially possible”.

It has taken the case to arbitration through the investor-state dispute settlement (ISDS), a once-obscure provision in trade agreements that has become a lucrative area of international law, alongside cases in Greenland and Denmark.'

The Guardian · Fearing toxic waste, Greenland ended uranium mining. Now, they could be forced to restart - or pay $11bnBy Patrick Greenfield
Public
OGEL & TDM Law Journals

🚨 our 17th TDM LinkedIn newsletter highlights our Young-OGEMID Seminar on Young- #Illegality and #Corruption in #ISDS. In this Young-OGEMID Symposium, our panelists will delve into Illegality and Corruption in ISDS, examining the challenges posed by these critical issues, and discussing potential developments that could strengthen justice in the realm of international investment law moving forward. Co-moderators: Wooseok Shin and Dr Stanislava Nedeva.
linkedin.com/pulse/young-ogemi

www.linkedin.comYoung-OGEMID Symposium "Illegality/Corruption in ISDS (February 24 - March 3 2025)"📢 Young-OGEMID Seminar on #Illegality and #Corruption in #ISDS 🗓 February/March 2025 (Starts Feb 24th) 🔗 https://www.transnational-dispute-management.
Public
Altreconomia

I Tribunali delle imprese e il record di cause contro i Paesi dell’America Latina altreconomia.it/i-tribunali-de #Investorsstatedisputesettlements #corsaallaricercadimaterieprime #arbitratointernazionale #transnationalinstitute #combustibilifossili #giustiziaparallela #Approfondimento #americalatina #metallirari #minerali #arbitri #giudici #litio #ISDS

Altreconomia · I Tribunali delle imprese e il record di cause contro i Paesi dell'America LatinaÈ la seconda regione al mondo per numero di azioni legali intentate contro gli Stati sovrani, in particolare da multinazionali fossili o coinvolte nel settore minerario. Un regime di giustizia parallela poco trasparente, non imparziale e sbilanciato a favore dei privati. Nell'ultimo report del Transnational institute è fotografata una crescita preoccupante dei contenziosi. Ecco quali sono gli studi legali più coinvolti negli Isds
Continued thread
Public
Nick Appleyard

Still, it’ll be nice to get back to being a Rule-Taker.

In this case Investor-State Dispute Settlement #ISDS is a particularly special new rule.
Is your company losing money because of pesky environmental measures? That’s OK, just sue the offending government and their taxpayers will compensate you.
en.m.wikipedia.org/wiki/Invest

en.m.wikipedia.orgInvestor–state dispute settlement - Wikipedia
Public
Erik Wesselius

Dus dat kloterige Energie Handvest Verdrag, waar de Nederlandse regering onder aanvoering van wijlen Ruud Lubbers (CDA) zich indertijd hard voor heeft gemaakt, biedt #ExxonMobil nu de mogelijkheid om de Nederlandse staat een flinke poot uit te draaien vanwege het sluiten van het Groninger gasveld.
nrc.nl/nieuws/2024/10/10/exxon
#ISDS #Groningen #aardgas #RuudLubbers

NRC · ExxonMobil opnieuw arbitragezaak tegen Nederlandse staat wegens financiële afwikkeling sluiting Groningse gasveldenBy Thomas Borst
Public
Emeritus Prof Christopher May

Some of the things that have appeared in my posts over the last month or so have appeared in extended form @NWBylines - so if you interested in my reflections on these:

- Investor State Dispute Settlement

in the UK

& the labour market

, or

the economic aspects of ,

you can find the articles here:
northwestbylines.co.uk/author/

northwestbylines.co.ukChris May | North West BylinesChristopher May is Emeritus Professor of Political Economy at Lancaster University, having retired in 2021. Before becoming Professor at Lancaster he worked as University of the West of England, Bristol. Before becoming an academic Chris worked in the music industry, helped run his family’s small international booksellers, and in the early 1990s worked for Charter88, a political pressure group campaigning for constitutional change. Chris can be found on Mastodon - search: Emeritus Prof Christopher May
Public
Emeritus Prof Christopher May

My latest for @NWBylines looks at Investor State Dispute Settlement (which is part of the Comprehensive & Progressive Agreement for Trans-Pacific Partnership) that the UK has just joined... is not an uncommon element of agreements (despite the EU cooling on them recently).

I conclude that ISDS 'is a window on how states have either facilitated, or been forced to facilitate, an expansion of the rights of '.



northwestbylines.co.uk/busines

North West Bylines · Investor State Dispute Settlement: the rule of law, or instrument of corporate power?Investor State Dispute Settlement mechanisms have been called anti-democratic and damaging to the environment, yet the UK has signed up to one.
Public
Emeritus Prof Christopher May

My latest for @NWBylines looks at Investor State Dispute Settlement (which is part of the Comprehensive & Progressive Agreement for Trans-Pacific Partnership) that the UK has just joined... is not an uncommon element of agreements (despite the EU cooling on them recently).

I conclude that ISDS 'is a window on how states have either facilitated, or been forced to facilitate, an expansion of the rights of '.


northwestbylines.co.uk/busines

North West Bylines · Investor State Dispute Settlement: the rule of law, or instrument of corporate power?Investor State Dispute Settlement mechanisms have been called anti-democratic and damaging to the environment, yet the UK has signed up to one.
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