Fernando Hernandez Espino

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 Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare.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. 

The European Union's decision to exit the Energy Charter Treaty (ECT) is a landmark victory for climate action. For years, the ECT's Investor-State Dispute Settlement (ISDS) mechanism has enabled fossil fuel companies to challenge climate policies, hindering progress towards sustainability.

Silencing the Voices of Environmental Defenders

Together with environmental justice groups from the Global South, Both ENDS works towards a sustainable, fair and inclusive world. In recent years, our partners have become increasingly threatened, intimidated, violated, imprisoned, and even murdered as a result of their environmental and human rights activities. Our advocacy partners face repressive reprisals for speaking out against environmentally destructive initiatives and denouncing human rights abuses of companies and governments, whilst the communities they support are subjected to violence for simply acting out of necessity to protect their lives, land, territories, and communities from harm.

On 23 May, the Netherlands celebrates 60 years of bilateral investment treaties (BITs). The first BIT was signed with Tunisia in 1963. These treaties were intended to make an important contribution to protecting foreign investments by Dutch companies. A study by SOMO, Both ENDS and the Transnational Institute (TNI), however, shows that in practice they mainly give multinationals a powerful instrument that has far-reaching consequences people and the environment worldwide.

The decision of Minister for Climate and Energy Rob Jetten to withdraw from the Energy Charter Treaty (ECT) is good news for the energy transition in the Netherlands and beyond. Governments of countries that are party to this treaty can therefore shape the transition to sustainable energy without having to fear claims by Dutch-based businesses.

89 NGOs and farmers' organisations from Indonesia, the EU and around the world sent open letters to the EU Commission and the Indonesian government today, calling on them to refrain from any clause that restrict farmers' rights in a future free trade agreement.

Joint CSO call to all WTO Trade Ministers to not accept the current draft of Ministerial Decision on the TRIPS Agreement and demand a real Waiver

Intellectual property law is regulated at various levels around the world. At the international level, intellectual property rights are mainly laid down within the World Trade Organization (WTO) and in trade agreements. But what does this in practice mean for us? With this infographic, we've visualized what happens when a holder of intellectual property rights - usually a big company - thinks his rights are being violated.

This week, Geneva will be the epicenter of world trade, as trade ministers and other representatives from around the world gather for the World Trade Organization (WTO) ministerial conference. Liesje Schreinemacher, the Dutch Minister of Foreign Trade and Development Cooperation, is present with a delegation. Our colleague Burghard Ilge is joining as an official member of the delegation, to represent civil society organisations. Colleague Fernando Hernandez will also travel to Geneva, to follow and try to influence the negotiations from outside the conference room together with other civil society organisations from around the world.

The European Union (EU) continues to demand that countries of the South introduce plant variety protection rights according to UPOV 91 in free trade agreements. This is happening in the ongoing negotiations of the EU with Indonesia, trying to take away Indonesia's flexibility to implement a law that suits its own needs and priorities. We therefore call to sign our letters on this subject to the European Commission and the Indonesian government.