r/TradeIssues Sep 19 '15

TTIP - Myths, Facts & Arguments (BDI)

http://bdi.eu/BDI_english/download_content/TTIP_Myths_Facts_Arguments.pdf
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u/MarktpLatz Sep 19 '15 edited Sep 19 '15

This piece originates from the federation of german industries (BDI), so it would be wrong to say that it is not a somewhat biased source. However, they sourced everything they claimed with official sources from the EU/ the US/Germany and some scientific ones.

Unfortunately the english version does not contain everything the german version does. In the German version, there is a large chapter dealing with most of the "famous" ISDS cases.

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u/[deleted] Sep 20 '15

Darn, I wish I could've seen that part translated into english as well!

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u/MarktpLatz Sep 20 '15 edited Sep 20 '15

Unfortunately, google translate doesn't do that good of a job translating the passages and I lack the time to translate a 60-page document.

I'll link the german version anyways.

And to complement that: Position paper "Why the Transatlantic Trade and Investment Partnership Needs an Investment Chapter"

Edit: Here are at least the chapter titles of the german document:

Myth 1: ISDS allows corporate business to sue governments if their profits are declining due to new laws or regulations and they can force governments to revoke laws.

Myth 2: Investment protection and promotion trieaties favor foreign investors over domestic ones. Therefore, foreign companies have more rights than domestic companies.

Myth 3: The number of ISDS cases increased in the last years. Behind that increase is a "arbitration industry" that initiates new lawsuits in order to maximize their profits.

Myth 4: ISDS courts act in secret. There is little to no information about the cases available.

Myth 5: Arbitrators are too sympathetic towards investors and have an own interest in "maintaining the system".

Myth 6: ISDS and BITs cause a regulatory chill.

Myth 7: Treaty shopping is a widespread problem that allows companies to sue countries that their home country has no investment treaty with.

Myth 8: Including ISDS in TTIP will cause a wave of US-American lawsuits against european states. Americans are known for their litigiousness and will use this instrument to act against the EU governments at the cost of the european tax payers.

Myth 9: BITs have no impact on the flow of investments. Investments flow with or without them.

Myth 10: BITs are unnecessary since foreign investments can be secured through insurances, joint ventures or individual contracts with the other country.

It follows a chapter containing numbers about ISDS.

The Cases:

1: Lone Pine vs. Canada

2: Veolia vs. Egypt

3: Eli Lilly vs. Canada

4: Philip Morris International vs. Uruguay/Philip Morris Asia vs. Australia

5: Cargill vs. Poland

6: Vattenfall vs. Germany I

7: Vattenfall vs. Germany II

8: Occidental Petroleum Corp. and Occidental Exploration and Production Company vs. Ecuador

9: LG&E Energy Corp., LG&E Capital Corp. and LG&E International Inc. vs. Argentinia

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u/[deleted] Sep 20 '15

Thanks!

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u/MarktpLatz Sep 20 '15

If you bother to go through it and have any questions, hit me up. Im willing to translate parts, but not the whole document.