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60 years of bilateral investment protection – a ticking time bomb

Germany's bilateral investment agreements under scrutiny

Corporate litigants stand in the way of progressive climate policy and endanger environmental and consumer protection. The majority of group lawsuits against states are based on bilateral investment treaties (BITs). These agreements oblige states to protect foreign investors, even if it means acting contrary to their own constitution or the will of the population.

60 years ago, Germany signed the first bilateral investment agreement in history and is currently 129 effective BITs world champion in the signing of these agreements. Germany has been and continues to be the pioneer of the current corporate litigation system under which the countries of the Global South suffer the most.

In the study, we critically take stock of the German role in the group lawsuit system. We show examples of complaints by German investors and the arguments with which they are challenged. The study sheds light on the discrepancy between Germany's development and sustainability policy on the one hand and its economic and export strategy on the other.

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