Parliamentary questions about Bilateral Investment Treaties
In March the Indonesian government announced that it will terminate the Bilateral Investment Treaty (BIT) with the Netherlands as of July 1st, 2015 (for more information, see the press release of 24 March at the bottom of this post). Several organizations, including Both ENDS, have been raising questions about these controversial international trade agreements for a long time and think they should be drastically revised or even terminated. The Socialist Party and GreenLeft have asked parliamentary questions about the effects of these treaties following Indonesia’s decision. Both ENDS is curious about the answers to these parliamentary questions and about the consequences they will have for Dutch policy in this area.
The effects of BITs
BITs were originally intended to reinforce economic relations between two countries. But according to Burghard Ilge of Both ENDS this reinforcement often works in only one direction. "BITs grant investors excessive rights and no duties. They infringe upon the policy space of governments in the host countries, and threaten sustainable development, public interests and public services in those countries. For example, if a country wants to pass an environmental law that jeopardizes the profit margins of a foreign investor, that investor is entitled to sue the government of that country.
Private judges
Another disadvantage is that disputes between an investor and the host country are not settled in national courts, but in controversial international arbitration courts, such as the International Centre for Settlement of Investment Disputes (ICSID). Often, countries that want to introduce a different set of environmental and human rights rules are victims of these procedures. "In 2012, Europe accounted for 60% of all investment claims under BITs. These claims can rise to billions of dollars," says Ilge. The most recent example is the British company Churchill Mining,that is suing the Indonesian government for 2 billion U.S. dollars.
Comments from Indonesia
The decision to terminate the BIT is a first positive result for civil society organizations in Indonesia that have been opposing these unfair treaties for years now. "It also provides a basis to look carefully at other BITs," according to Riza Damanik, Director of the Indonesian NGO ‘Indonesia for Global Justice’. Bonnie Setiawan of the NGO 'RAP' from Jakarta agrees: "All BITs should be disbanded, as the sovereignty of nations is at stake, especially the right to an independent path to development. This is a step towards global justice!".
New standard
Indonesia follows in the footsteps of South Africa as the second country to cancel its BIT with the Netherlands. Both ENDS hopes that the Netherlands will take a critical look at these treaties and the negative effects they can have on countries.
24 March 2014: Joint Press release by Both ENDS, Centre for Research on Multinational Corporation (SOMO), Transnational Institute (TNI) and Indonesia for Global Justice (IGJ) about the termination of the BIT, on the website of TNI
31 October 2013: BIT-treaty between the Netherlands and South-Africa cancelled
Read more about this subject
-
Instalink / 21 November 2024
-
Blog / 19 November 2024
Building Monitoring, Evaluation and Learning systems based on mutual accountability and trust
Just before summer, on June 27th we participated in a panel discussion on inclusive conservation in a learning event organized by WWF Netherlands. Several organizations joined in a discussion on inclusive, decolonial, rights-based, and community-led approaches in conservation. We discussed the barriers, gaps and opportunities in how power is shared, inclusion promoted, and accountability practiced in our work. The question raised was: as Dutch-based organizations, are we doing enough to really work inclusive? In 2023 Both ENDS started an Examination of Power process to research how power is experienced in our partnerships. I share a couple of practical tips and insights that I feel might benefit the greater conversation around Monitoring, Evaluation and Learning (MEL) in our sector.
-
Instalink / 18 November 2024
-
Blog / 18 November 2024
The global rise of authoritarian regimes demands global strategies
The global funding landscape for civil society movements is changing, and is increasingly faced with policies that restrict funding streams, limit philanthropic work, and silence critical voices. These are not incidental shifts but part of a broader pattern that erodes the support for those international networks and movements under the guise ‘necessary financial cuts’, ‘aid reform’ or ‘efficiency’.
-
Publication / 18 November 2024
-
Instalink / 16 November 2024
-
Instalink / 15 November 2024
-
Event / 15 November 2024, 12:50 - 16:45
#BothENDSatCOP29 Side Events
Both ENDS’ participation at COP29 includes three critical side events that will highlight gender-just climate finance, locally-led adaptation, and multilateral approaches to a just energy transition and industrialisation in the Global South.
-
Instalink / 14 November 2024
-
Instalink / 13 November 2024
-
Instalink / 12 November 2024
-
Press release / 12 November 2024
Ruling climate case Shell: "Shell has an obligation to protect human rights."
The Hague, 12 November 2024 - The court has ruled in Shell's appeal in the Climate Case that Milieudefensie won against Shell in 2021. The Court of Appeal has ruled that the oil and gas giant has a responsibility to reduce its emissions, but has not imposed a reduction obligation.
-
Instalink / 12 November 2024
-
Instalink / 11 November 2024
-
Press release / 11 November 2024
Both ENDS's response to government letter on future cooperation with civil society organisations
DEN HAAG, 11 November 2024 - Today, the Dutch government published its policy on future cooperation with development organisations, both in the Netherlands and abroad. PVV minister Reinette Klever is putting the axe to this funding: she has decided to cut the budget for aid to international civil society by more than two-thirds: from roughly €1.4 billion to €0.4 billion in the period 2026 to 2030. This has major implications for critical voices at home and abroad, at a time when civic space for organisations around the world is already shrinking. Karin van Boxtel, director of environmental and human rights organisation Both ENDS: ‘This is an unprecedented step in exactly the wrong direction. Civil society organisations are essential for sustainable and social change worldwide. International movements fulfil multiple, indispensable roles: as a watchdog of the rule of law, as a driver of change, and as a counterforce against authoritarian tendencies. The weakening of support for these roles is a telling signal.’
-
News / 11 November 2024
Kenya Terminates Bilateral Investment Treaty with the Netherlands
The government of Kenya has officially terminated its bilateral investment treaty (BIT) with the Netherlands, marking a significant win for economic justice and environmental protection. Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare. The Dutch Minister for Foreign Trade and Development recently confirmed that Kenya unilaterally ended the treaty in December 2023, rendering it inoperative from 11 June 2024. Kenya now joins South Africa, Tanzania, and Burkina Faso as the fourth African country to terminate its BIT with the Netherlands.
-
News / 9 November 2024
Why is the Dutch climate case against Shell important to our partners in the Global South?
On November 12th, a new ruling will be issued by the Court of Appeal in The Hague in the climate case against Shell, in which Both ENDS is a co-plaintiff. Ahead of this ruling, we asked our partners why this Dutch lawsuit is important for the Global South.
-
Instalink / 3 November 2024
-
News / 1 November 2024
Both ENDS at COP29: advocating for gender just climate finance
On November 11th, the 29th UN Climate Conference will start in Baku, Azerbaijan. Just like previous years, Both ENDS will be there to advocate for local access to climate finance, and to support our partner organisations in their advocacy work. How do we do that, and what are our hopes (and worries) about this 29th edition of the UNFCCC COP? We asked Marius Troost, who will be joining COP29 together with Daan Robben.
-
Instalink / 31 October 2024