Business & Human Rights Resource Centre | 24-Nov-2015
The smoke haze that has engulfed Singapore, Malaysia and other parts of Southeast Asia for two months could violate international law and be the subject of an investment treaty claim against Indonesia.
Apart from its network of BITs, Indonesia is also a party to a number of multilateral and regional investment agreements such as the ASEAN Comprehensive Investment Agreement which also contain an ISDS clause, including recourse to ICSID arbitration.
Indonesia for Global Justice together with Indonesian civil society networks met with the Director of Bilateral Cooperation of Investment Coordinating Board, Fritz Horas Silalahi, in Jakarta to discuss the review of Indonesia Bilateral Investment Treaties (BITS).
The case of Newmont Mining vs Indonesia is a powerful example of how investment agreements, particularly Bilateral Investment Treaties (BITs), are used by companies to get exemptions from government regulations and legislation, undermining democracy and development.
Tobacco producers Indonesia, Cuba, Dominican Republic, Honduras and Ukraine are challenging Australia’s plain-packaging laws at the World Trade Organization, bolstering support for Philip Morris’ private dispute against Canberra.
Newmont Mining Corp has withdrawn an international arbitration filing against the Indonesian government, government and company officials said on Tuesday, indicating a possible breakthrough in a seven-month dispute that halted exports.
Pensés au départ pour pallier le manque de stabilité des investissements dans des pays réputés instables, les mécanismes d’arbitrage international se sont peu à peu érigés en véritables vecteurs d’influence pour les entreprises.
The preferential protection of bilateral investments between Tanzania and the Netherlands is likely to cease next month but the protection for investments made before the date of termination continues to apply for a period of 15 years (until 1 April 2034).
It has taken a second FOI case and another two years to reveal that Australian taxpayers were only awarded half of the costs of defending Australia’s tobacco plain packaging laws against tobacco giant Philip Morris in March 2017.