There is (another)
very important plenary vote in the European Parliament on TTIP this
Wednesday, when the European Parliament will vote on a resolution
concerning TTIP. The first time around, the vote was pulled for
tactical reasons by the pro-ISDS camp, rightly afraid that the
European Parliament would reject the inclusion of this
anti-democratic idea in TTIP. Now they have cobbled together a
"compromise" on ISDS which simply calls it something else,
without solving the fundamental problem, which is that it gives
corporations unique rights to sue entire nations, with us, the
public, footing the bill. Here's the proposed amendment:
to ensure that foreign investors are treated in a non-discriminatory fashion while benefitting from no greater rights than domestic investors, and to replace the ISDS-system with a new system for resolving disputes between investors and states which is subject to democratic principles and scrutiny where potential cases are treated in a transparent manner by publicly appointed, independent professional judges in public hearings and which includes an appellate mechanism, where consistency of judicial decisions is ensured, the jurisdiction of courts of the EU and of the Member States is respected and where private interests cannot undermine public policy objectives;
The good news is
that MEPs are often responsive to their constituents contacting them,
especially if large numbers do so on a particular theme. So I would
like to urge you to write to your MEPs, using WriteToThem, or
directly, to ask them to reject ISDS in all its forms.
If you want to find
out more about TTIP in general, I have written a 6000-word explanation; you can also browse through the 51 columns I have written on the topic over the last two years. Finally, there is a
documentary about TTIP, which provides a superb introduction to the
issues – I'm in it, but please don't let that put you off.
I've included below
the letter that I have sent to my MEPs: please feel free to draw on
its arguments, but I urge you to put them in your words: MEPs hate
and will dismiss letters that are carbon copies of others.
Individually-written communications, by contrast, are very powerful.
I hope you will
excuse me writing to you again on the topic of TTIP ahead of
Wednesday's plenary vote. I would like to urge you to vote against
the proposed "compromise amendment" on the topic of ISDS,
which supposedly addresses the problems of this system. It does
nothing of the sort: it still provides corporations with unique
rights against entire nations; it creates a similarly unfair system
where companies can win huge awards, to be paid by the public, but
the best the public can achieve is not to lose. This is the very
definition of a tilted playing-field.
The avowed intent of
this "compromise", and of ISDS itself, is to ensure that
foreign investors are treated fairly. That is only right, but ISDS
and the compromise are exactly the wrong way to go about this. If
either is in place, there is no pressure to address the real problem,
which is that local laws may not treat foreign investors in the same
way as domestic ones. Far better to change laws to make them truly
fair, than to introduce another unfair system that undermines the
rule of law by creating special structures outside it.
I would therefore
ask you to reject ISDS completely, as well as any attempts to
introduce it in other ways, for example through the "compromise
amendment".
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