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Most investor-state disputes (ISDS) have concerned environmental matters. Corporations are using the ISDS system found in trade and investment agreements to challenge environmental policies. As of end of 2019, 41% of all ICSID cases were energy and natural resources-related.

Most well-known cases include:

• Lone Pine Resources (US) vs. Canada: the investor challenged Quebec’s moratorium on the controversial practice of hydraulic fracturing, or fracking, for natural gas. The provincial government declared the moratorium in 2011 so as to conduct an environmental impact assessment of the extraction method widely accused of leaching chemicals and gases into groundwater and the air. Case pending (NAFTA invoked).

• Bilcon (US) vs. Canada: the US industry challenged Canadian environmental requirements affecting their plans to open a basalt quarry and a marine terminal in Nova Scotia. In 2015 the ISDS tribunal decided that the government’s decision hindered the investors’ expectations. Bilcon won and received US$7 million in damages, plus interest (NAFTA invoked).

• Vattenfall (Sweden) vs. Germany: in 2007 the Swedish energy corporation was granted a provisional permit to build a coal-fired power plant near the city of Hamburg. In an effort to protect the Elbe river from the waste waters dumped from the plant, environmental restrictions were added before the final approval of its construction. The investor initiated a dispute, arguing it would make the project unviable. The case was ultimately settled in 2011, with the city of Hamburg agreeing to the lowering of environmental standards (ECT invoked).

Photo: Kris Krug / CC BY-NC-ND 2.0

(March 2020)

Juncker states his opposition to fracking
ENDS Europe | 10-Jul-2014
Asked about the trade deal the Commission is currently negotiating with the US, which campaigners fear will allow private companies to challenge the EU’s environmental rules, Mr Juncker stressed that the normal, publicly accountable, court system should be used instead of private courts or arbitration panels.
energy, EU, GMOs, investor-state disputes | ISDS, TTIP
Newmont files for arbitration against Indonesia government on ore-export ban
Dow Jones Newswires | 3-Jul-2014
Newmont Mining Corp. said Tuesday it is filing for international arbitration against the Indonesian government for a mineral-export ban.
Indonesia, investor-state disputes | ISDS, mining, US
In Chevron case, Ecuador says new tests prove long-standing pollution
Reuters | 23-May-2014
This week, for the first time, the Ecuadorean government disclosed the results of water and soil testing conducted in 2013 by its experts — the US environmental, engineering and infrastructure consultant Louis Berger Group — at five sites once operated by Chevron predecessor Texaco.
Ecuador, energy, environment, investor-state disputes | ISDS, US
Ottawa mulls Keystone XL challenge under NAFTA after US dodges decision again
Financial Post | 30-Apr-2014
While US President Barack Obama hoped to kick Keystone XL out of the way by delaying a decision ahead of mid-term elections, Ottawa is considering launching a challenge under the North American Free Trade Agreement (NAFTA).
Canada, energy, investor-state disputes | ISDS, NAFTA | USMCA, US
Pak moves int’l forum against Turkish power firm
| 25-Apr-2014
The Ministry of Water and Power has approached the Washington-based International Centre for Settlement of Investment Disputes (ICSID) and challenged the jurisdiction of a tribunal which has been hearing a damage suit worth $334 million sought by a Turkish power firm, Karkey Karadeniz Elektrik Uretim (KKEU), against Pakistan.
energy, ICSID, investor-state disputes | ISDS, Pakistan, Turkey
TTIP debate - Brussels
TNI | 19-Apr-2014
Frank exchange of views between the EU Commission and civil society representatives on the introduction of special rights for companies in the TTIP, through the mechanism of investor-state dispute settlement (ISDS).
actions | resistance, environment, investor-state disputes | ISDS, TTIP, video
Obama is negotiating an agreement that could unleash fracking around the world. See how.
Policy Mic | 25-Mar-2014
The translantic trade agreement would undermine hard-fought regulations and open up a large part of the world to greater exploitation without regulation. Fracking would go global.
energy, investor-state disputes | ISDS, TTIP, video
World Bank’s ICSID rejects Venezuela "appeal" over ConocoPhillips expropriation
Latin American Herald Tribune | 13-Mar-2014
In a 2-1 decision, the World Bank’s arbitration panel has rejected Venezuela’s request for "reconsideration" of its September 2013 finding that it had jurisdiction and that Venezuela was liable for the expropriation of ConocoPhillips’ investments in the Latin American nation.
energy, ICSID, investor-state disputes | ISDS, Netherlands, Venezuela
Turkish firm’’s claim: government seeks 20 days to file reply
| 4-Mar-2014
Pakistan has sought a 20-day extension to file its reply to the International Centre for Settlement of Investment Disputes (ICSID) against a damage claim of $2.1 billion filed by Turkish firm M/s Karkey Karadeniz Elektrik Uretim. The sources said Pakistan had to submit its reply to the international body by February 28, 2014 but it was delayed due to a change in legal firm.
energy, ICSID, investment | BITs, investor-state disputes | ISDS, Pakistan, Turkey
In for messy litigation
| 3-Mar-2014
Several local newspapers misread the recent decision by the Washington-based International Center for Settlement of Investment Disputes (ICSID) as a verdict forcing the Indonesian government to pay over US$1 billion in compensation to the plaintiff, London-listed Churchill Mining Plc, in regard to its coal mining concessions in East Kalimantan.
ICSID, Indonesia, investment | BITs, investor-state disputes | ISDS, mining, UK

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