Archive: PowerShift Publications

2018

Discussion paper on the raw materials transition
Author(s): Verena Bax, Susanne Friess, Lili Fuhr, Josephine Koch, Michael Reckordt, Johanna SydowThis paper advocates a radical change in the use of natural resources. It calls for a shift from efficiency orientation to sufficiency, a massive reduction in raw material consumption and the establishment of a true circular economy. It stresses the need for global justice and an improved quality of life for all.

​The Unhealthy Side Effects of CETA
This report by Zoltán Massay-Kosubek and George Thurley, European Public Health Alliance, analyses how CETA could increase the risk of noncommunicable diseases by promoting the consumption of unhealthy food, making access to medicines more difficult and increasing healthcare costs in the EU and Canada .

The impact of the ECJ's Achmea ruling on EU investment policy
This briefing by Markus Krajewski analyses the ruling of the European Court of Justice (ECJ) in the Achmea case of 6 March 2018. The ruling stated that Investor-State Dispute Settlement (ISDS) procedures in bilateral investment agreements between EU Member States are in breach of EU law. The document sheds light on the far-reaching implications of this judgment for EU investment policy, in particular for agreements such as CETA and the planned Multilateral Investment Court (MIC), arguing that such agreements may be in breach of EU law.

Just global economy: Ways out of the free trade trap
In this article, Peter Fuchs criticizes the prevailing free trade agreements and argues for a reorientation of trade policy that puts social justice and environmental sustainability at the forefront. He emphasizes the importance of trade agreements that go beyond profit and respect planetary boundaries. The article appeared in the journal "Political Ecology" and advocates a trade policy that puts people above profit.

CEPA: Blurred prospects for sustainable development
This publication by Aurel Eschmann critically discusses the impact of the Comprehensive Economic Partnership Agreement (CEPA) on sustainable development goals. It is argued that such agreements cannot adequately address the environmental and social challenges of our time and, instead of promoting sustainable development, can contribute to deepening existing inequalities and ecological crises.

EU Association Agreement with Mercosur: Frontal attack on peasant agriculture, human rights, environmental and climate protection
This publication warns of the negative effects of the EU Association Agreement with Mercosur on agriculture, human rights and environmental and climate protection on both sides of the Atlantic. The increased dependence of the EU on imports of soya from Mercosur and the possible intensification of environmentally harmful agriculture in Mercosur through increased meat exports to the EU are particularly criticised.

JEFTA disenchanted
Author(s): Lia Polotzek, Jürgen Knirsch, Alessa Hartmann, Victoria Gulde, Max Bank
The publication criticizes the JEFTA agreement (EU-Japan Free Trade Agreement) as an example of trade agreements that primarily serve corporate interests. It is underlined that JEFTA provides for many special rights for companies, but hardly any obligations. Social and environmental standards are neglected. Particularly problematic is the separation of the investment protection part from the trade part of the agreement, which could undermine democratic processes.

JEFTA: Many rights, no obligations - How JEFTA advances corporate interests
Author(s): Lia Polotzek, Jürgen Knirsch, Alessa Hartmann, Victoria Gulde, Max Bank
This factsheet provides a critical analysis of the EU-Japan JEFTA agreement by showing how the agreement advances corporate interests, while social and environmental aspects play only a secondary role. The publication criticizes in particular the non-transparent negotiation processes, the unequal influence of corporate lobbyists and the lack of sanctions for violations of sustainability chapters.

JEFTA - Myths & Facts about the EU-Japan Economic Partnership Agreement
This document debunks common myths about JEFTA, such as the alleged economic engine and job generator, and juxtaposes these facts, highlighting the minimal growth effects and lack of employment growth. It shows that JEFTA primarily strengthens corporate rights, while neglecting democratic processes and standards to protect people and the environment.

Making Sense of CETA (Eng.)
 This publication provides a comprehensive analysis of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. It aims to unravel the complexity of CETA and its impact on different sectors and the general public. The analysis takes into account both economic and non-economic aspects of the agreement.

Sustainability chapters in EU free trade agreements
This publication examines the effectiveness and actual implementation of sustainability chapters in EU free trade agreements. It questions whether these chapters actually lead to an improvement in working conditions and environmental protection in the partner countries or are rather symbolic in nature. The publication calls for a critical review and possible redesign of these chapters to ensure their effectiveness.

Position paper "No to overexploitation at the deep sea!"
The publication argues against deep-sea mining due to the serious, irreparable damage to the unique habitats and fragile ecosystems of the deep-sea. She emphasizes the environmental and social costs, which are mainly incurred in countries of the global South, and calls for a radical reduction in the consumption of raw materials in Germany and Europe. The publication advocates the protection of the deep sea as a common heritage of humanity and rejects deep-sea mining due to the incalculable consequences for the marine world and coastal communities.

Trade at any cost? (Eng.)
Author(s): Alessa Hartmann and Thomas Fritz (PowerShift e.V. for foodwatch e.V.)
This study examines the EU's free trade agreements with Mercosur, Mexico, Japan, Vietnam and Indonesia and their potential negative impacts on environmental and consumer protection, agriculture, food and democratic processes. The authors criticise the fact that these agreements primarily serve the interests of the economy, while neglecting social and environmental standards.

Trade for all? Problems and need for reform of the current EU trade policy
Author(s): Nelly Grotefendt, Jürgen Maier & Anna Uebachs (Forum Umwelt und Entwicklung), Tobias Reichert (Germanwatch), Jürgen Knirsch (Greenpeace), Aurel Eschmann & Alessa Hartmann (PowerShift)
This publication takes a critical look at EU trade policy and its impact on social, environmental and democratic issues. The authors argue that planned free trade agreements such as TTIP, CETA, and TiSA highlight social, environmental, and democratic deficits in EU trade policy and neoliberal globalization policies. They call for a departure from the current policy, which mainly serves the interests of the economy, and for a trade and investment policy that is more equitable and sustainable.

​Legitimising an Unsustainable Approach to Trade (Eng.)
Ciaran Cross' article critically discusses the sustainability provisions in the EU's free trade agreements, especially in the context of the EU-South Korea FTA, which is considered the first of its kind. Despite the introduction of a Trade and Sustainable Development (TSD) chapter, the text shows that the mechanisms it contains for monitoring and enforcing labour and environmental standards are considered insufficient. Furthermore, it highlights that the economic priorities of the agreements often undermine social and environmental objectives, which raises the question of whether such sustainability chapters are actually effective or merely serve as legitimacy without bringing about substantial changes.

2017

CETA: Risks and side effects
This publication by Zoltán Massay-Kosubek and George Thurley, European Public Health Alliance, critically examines the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. The authors, Zoltán Massay-Kosubek and George Thurley, argue that CETA poses significant public health risks in Europe and Canada. They highlight how the abolition of tariffs on unhealthy food and the strengthened investment protection regime could undermine government capacity in areas such as health and food security. In addition, they criticise that CETA impedes access to affordable medicines through enhanced intellectual property rights and thus negatively affects healthcare.

On Messer's cutting edge: Dangerous course for ISDS
The position paper takes a critical stance on the European Commission's proposal for a Multilateral Investor-State Dispute Settlement Mechanism (ISDS). It is argued that such an institutionalization of the ISDS system would expand the rights of corporations at the expense of human rights, the environment and climate protection. The paper highlights how ISDS mechanisms are already being used to tackle socially and environmentally meaningful government policies, thereby undermining democratic decision-making processes. The authors call for a departure from these mechanisms and instead advocate for strengthening the rights of communities and effective regulation of transnational corporations.

Without responsibility and transparency - human rights risks along the nickel supply chain
The study by Melanie Müller and Michael Reckordt, PowerShift, sheds light on the critical aspects of the nickel supply chain, with a special focus on the Philippines. It shows that nickel mining leads to human rights violations, pollution and health risks for workers and local communities worldwide. The authors Müller and Reckordt discuss the role of large corporations in the global nickel market and call for greater consideration of human rights standards along the entire supply chain. The study stresses the need for a responsible raw material policy that puts the protection of people and the environment at the forefront.

Regulatory cooperation: big business’ wishes come true in TTIP and CETA
This publication describes how large companies could gain disproportionate influence through the TTIP and CETA trade agreements. In particular, the chapters on investment and regulatory cooperation in these agreements are highlighted as problematic, as they could enable corporations to sue states and help shape standards and regulations behind closed doors.

Industry 4.0 and e-mobility: How future technologies create new raw material requirements
This publication by Merle Groneweg, PowerShift, highlights that the production and implementation of future technologies such as Industry 4.0 and electromobility are leading to a significant increase in the demand for mineral and metallic raw materials. The report stresses the need for a discussion on the social and environmental consequences of this increase in demand and calls for a sustainable raw materials policy.

Read and understand CETA
The publication provides a comprehensive analysis of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. It shows how the agreement strengthens the power of businesses, while at the same time undermining democratic processes and standards in areas such as health and the environment.

EU Trade Policy and the Global South: EUAs, ASEAN and TiSA
This analysis by Thomas Fritz, PowerShift, sheds light on the European Union's trade policy and its impact on the global South. In particular, the agreements with the Association of Southeast Asian Nations (ASEAN) and the Trade in Services Agreement (TiSA) are in focus, critically questioning the extent to which these agreements contribute to equitable and sustainable development .

Overexploitation in the raw materials sector: How corporations enforce their interests with investor lawsuits
This publication sheds light on how international corporations influence national legislation through investor-state arbitration (ISDS) and assert their interests vis-à-vis states, especially in the commodities sector. OceanaGold's case against El Salvador illustrates the problem of such lawsuits and their impact on environmental and social standards.

Factsheet: Legitimising an Unsustainable Approach to Trade (Eng.)
In this publication by r: Ciaran Cros, International Centre for Trade Union Rights, is criticized for how current trade agreements undermine sustainable development and environmental protection. It is argued that these agreements unilaterally promote the interests of large companies and limit government regulatory options in the public interest.

Factsheet: According to our rules - How the EU intervenes in sovereign tax policy in resource-rich countries
This factsheet by Merle Groneweg, PowerShift, discusses how the European Union influences the tax policies of states, especially in resource-rich regions, through trade and investment agreements. It is stressed that such interventions often come at the expense of public finances and social justice in the countries concerned.

​A fair trade policy – instead of TTIP and CETA
This publication calls for a new trade policy aimed at improving social and environmental standards worldwide. It criticises existing trade agreements such as TTIP and CETA and calls for more democratic co-determination, higher standards and the renunciation of investor-state rights of action.

JEFTA - Corporate lobbyists won't let up
This publication by Lora Verheecke, Alessa Hartmann and Max Bank warns of the impact of regulatory cooperation in the EU-Japan trade agreement (JEFTA), which could undermine democratic processes and threaten standards in areas such as environmental and consumer protection. It criticises the fact that large corporations could exert considerable influence on legislation, which is particularly worrying in sensitive areas such as data protection and food safety .

More Power to the Powerful? Impact of regulatory cooperation in trade agreements on agriculture in the Global South
This publication by Katharina Klein analyses how regulatory cooperation in trade agreements strengthens the power of large food and agricultural companies and damages local markets and smallholder structures in the Global South. It shows that such agreements push local producers into dependency relationships and are at the expense of the environment, people and animals.

​​Receivables paper Alternative trade policy
This paper presents concrete demands to the German Federal Government for an alternative trade policy that strengthens democratic principles and promotes sustainable development. It criticises the alignment of existing trade agreements and calls for a move away from investor-state lawsuits and for social and environmental standards to be taken into account.

Asia Between Economic Rise and Ecological Collapse
Trade Agreement with Japan: JEFTA – Is Fukusushi at risk?
This contribution by Alessa Hartmann, PowerShift, in the issue "political ecology" discusses the potential risks of the trade and investment agreement between Europe and Japan, known as JEFTA. Particular concerns are the weakening of food controls and the expansion of corporate lawsuits that could bring states before non-transparent arbitration tribunals. The author warns of possible negative effects on environmental standards and democratic processes.

Canadian mining corporation sues to force Romanians to accept toxic Roşia Montană goldmine (Eng.)
This study sheds light on the conflict over the planned gold mine in Roşia Montană, Romania, and the resulting investor-state lawsuit by Canadian company Gabriel Resources. Despite strong local and international opposition, the company is seeking billions in damages from Romania through international arbitration after the project was halted due to environmental concerns and legal irregularities.

In Roşia Montană, a mining company could earn a golden nose thanks to an investor-state lawsuit (Dt.)
This German summary deals with the controversial gold mining project in Roşia Montană, Romania. It describes the history of resistance to the project, as well as the environmental and health risks associated with the use of cyanide in mining. Particular attention is paid to the legal disputes and the role of investor-state lawsuits, through which Gabriel Resources seeks to enforce the project against the will of the local population and bypassing Romanian court decisions.

Treaty-Alliance position paper: For human rights regulation of the global economy
The position paper by Sarah Lincoln, Maren Leifker and Karolin Seitz, Treaty Alliance Germany, calls for an international legal framework that obliges transnational corporations to respect human rights. It argues that existing trade and investment protection agreements facilitate access to markets and raw materials, but insufficiently address the protection of human rights. The paper calls for a binding UN agreement that creates clear rules for companies and opens up legal remedies for those affected.

Trade at any cost? EU free trade and investment policy
This comprehensive analysis by Alessa Hartmann and Thomas Fritz, PowerShift, examines the EU's free trade and investment policy, in particular its impact on sustainable development and social justice. She criticizes the fact that current agreements primarily serve the interests of the economy, while ecological and social standards often fade into the background.

2016

Making Sense of CETA - Read and understand CETA
This publication analyses the most controversial aspects of the planned Comprehensive Economic and Trade Agreement (CETA). Numerous experts from Canada and the EU gather their expertise here and shed light on the agreement from various perspectives. They all agree on one thing: In its current form, CETA threatens the common good on both sides of the Atlantic. In a number of policy areas, many of which deal only indirectly with trade, CETA raises the rights of companies and foreign investors above the well-being of citizens and the general public.

Investment protection and dispute resolution in CETA
This publication by PowerShift e.V./Canadian Centre for Policy Alternatives (CPPA) critically examines the provisions on investment protection and dispute resolution in CETA. It is argued that the new Investment Court System (ICS) fails to address the fundamental concerns of the public and continues to provide extensive safeguards for investors who could threaten public regulatory attempts.

Public services at risk
Author: Roeline Knottnerus, Transnational Institute; Scott Sinclair, Canadian Centre for Policy Alternatives
This publication sheds light on how CETA limits governments' room for manoeuvre in the provision and regulation of public services. It is explained that CETA commercialises public services and does not guarantee the protection of most public services from commercial and investment lawsuits.

Reducing standards through regulatory cooperation
Author(s): Max Bank, LobbyControl; Cooperation: Ronan O’Brien and Lora Verheecke, Corporate Europe Observatory
This analysis criticises CETA's regulatory cooperation rules, which could put pressure on existing and future laws and override national legislation. It is stressed that this cooperation deprives democratically elected governments of decisions and risks lowering standards.

Internal regulation Limitation of the regulatory competence of governments
This publication by Ellen Gould, Canadian Centre for Policy Alternatives, addresses the far-reaching implications of CETA for the internal regulatory capacity of States Parties. It is criticized that CETA limits governments in their ability to regulate services and economic activities. This applies not only to the services sector, but to virtually all sectors of the economy. Specific concerns are expressed about the potential limitations of legislative flexibility, even in areas that are only loosely related to trade. Internal regulation provisions are identified as potential trade barriers that could jeopardise non-discriminatory regulation.

Patents, copyrights and innovation
This publication, Ante Wessels, Foundation for a Free Information Infrastructure, e.V., highlights the concerns arising from CETA's intellectual property provisions, in particular with regard to patents and copyrights. It is argued that CETA could strengthen the position of patent holders and thereby further promote the already problematic practice of patent trolls. It also warns that the inclusion of the ISDS mechanism in CETA could allow patent holders to sue governments for future action against patent trolls, which could threaten internet freedom and deter innovative approaches to intellectual property.

Farming markets and food quality on the brink
This publication by Berit Thomsen, Working Group on Farming (AbL), warns of the impact of CETA on farming in Europe and Canada. The opening up of markets to sensitive products such as milk and meat could jeopardise farmers' markets and food quality. In particular, lower prices for Canadian meat and the resulting pressure on European producer prices will be discussed.

Free Trade or Climate Protection - Energy and Climate Policy Dangers of CETA
This publication by Ernst-Christoph Stolper, BUND e.V., addresses the tension between free trade agreements such as CETA and climate protection. It is argued that such agreements severely limit the political and legal powers of states with regard to energy and climate policy and provide investors with special complaints against state measures. This threatens key areas of sustainable energy and climate policy, such as the promotion of renewable energies and the phase-out of fossil fuels.
Including article "CETA and genetic engineering" by Karl Bär, Umweltinstitut München, which raises concerns that CETA may undermine future progress in strengthening animal welfare without protecting high standards at all stages of production. It is criticized that CETA promotes a dialogue in the interest of the biotech industry without anchoring effective instruments and clauses to protect the environment and consumers or limiting the supremacy of a few corporations on the seed market.

CETA ratification in Canada and Europe: When and how can we stop the contract?
This publication by Michael Efler, Mehr Demokratie e.V., analyses the lengthy process of ratification of the CETA agreement and provides an overview of the various stages and challenges that still need to be overcome on the way to the possible implementation of the agreement in the EU and Canada. She stressed the need to use political and legal opportunities to stop CETA.

Everything for us?! The global impact of European trade and investment policy on commodity exploitation
Nicola Jaeger's publication deals with the negative effects of trade and investment policy on global justice, environmental protection and democracy. In particular, it criticises the focus on the interests of industrialised countries and multinational corporations to the detriment of developing countries and the environment.

For a democratic and globally just raw materials policy
This position paper of the AK Rohstoffe is committed to a reorientation of the German and European raw materials policy. In view of the global challenges posed by unsustainable consumption and production, social inequalities and environmental damage, the paper calls for policies that reduce the consumption of raw materials, effectively protect human rights and protect and strengthen civil society. Concrete measures are proposed, such as the phase-out of fossil fuels, the introduction of economic incentive systems, the strengthening of the circular economy and the demand for a modern mining law.

Investment protection in TTIP: Commission refuses to change system
The publication by TTIP-Unfairhandelbar, Campact and PowerShift criticises the EU Commission's reform proposals on investment protection under TTIP as insufficient and superficial. Although some improvements are proposed, the Commission maintains the controversial special rights for foreign investors, which make it possible to claim high compensation for government measures that are in the public interest. The analysis highlights that the inclusion of ISDS in TTIP further increases the risk for states to be sued, which would be at the expense of the common good. The publication underlines that the Commission's proposal does not address the core criticism of the ISDS system and continues to privilege foreign investors over domestic actors and the common good.

A paradise for polluters
How investor rights in EU trade agreements block the energy transition
The publication sheds light on how certain political and economic framework conditions are conducive to pollution and undermine sustainable development goals. It shows that lax regulations and inadequate sanctions for environmental crimes not only endanger local ecosystems and the health of the population, but also stand in the way of global efforts to protect the environment and climate.

Brown Spree and Salty Beer – Local Consequences of Coal Use in Berlin and Lusatia
The publication by Dr. Hendrik Sander documents the local environmental impact of lignite mining in Lusatia on the water quality of the Spree and thus on Berlin's drinking water. It is shown how sulphate and iron ochre pollution not only endangers the drinking water supply, but also affects the quality of life and biodiversity in the affected regions.

Droughts, storms, wet feet - Climate impacts of coal use in Berlin
This publication by Dr. Hendrik Sander addresses the direct and indirect consequences of coal use in Berlin on the local and global climate. It combines extreme weather events and climate changes with CO2 emissions from coal combustion and stresses the need for a rapid coal phase-out for climate protection in Berlin and beyond.

Bloody coal, sprinkled mountains and toxic water – consequences of Berlin's use of hard coal around the world
This publication by Dr. Hendrik Sander sheds light on the serious global consequences of the use of hard coal for the environment and people in the countries of origin of coal such as Russia, Colombia, the USA, and South Africa. It criticizes the practice of coal-fired power generation in Berlin power plants with imported coal and calls for its decommissioning by 2020 for climate protection reasons.

Coal protest card
Overview of the coal protests in Germany (poster)

Sale of agriculture: Agricultural companies want to take the helm with TTIP
This study by Sharon Treat and Shefali Sharma, Institute for Agriculture and Trade Policy (IATP), warns of the impact of TTIP on European and American agriculture, especially in the field of meat production. It predicts increased industrialization and concentration in the agricultural sector, which endangers farms. The authors fear that TTIP could undermine existing standards in areas such as animal welfare, GMOs, food safety and public health. The study also criticizes that TTIP would hamper legislative efforts for higher-quality, more sustainable agriculture and further advance the industrialization of meat production.

EU Responsible Mineral Sourcing Regulation: Civil Society Response to the Council Mandate Agreed by COREPER on 17 December 2015" (February 2016)
This publication by a coalition of NGOs responds to the decision of the Council of the European Union to regulate the responsible sourcing of minerals. She criticises that the proposed EU regulation is not sufficient to effectively respond to trade in conflict minerals and human rights violations. In particular, the coalition criticises the fact that the regulation is too voluntary and does not cover all companies that bring minerals to the EU market. The publication stresses the importance of the OECD guidelines for due diligence and calls for binding regulations for all relevant companies.

Losses in investment protection: CETA
This short report by Rhea Tamara Hoffmann analyses the provisions of the Comprehensive Economic and Trade Agreement (CETA) with regard to investment protection and, in particular, compensation for lost profits. It highlights that CETA creates opportunities for investors to sue against government measures that affect their profit expectations, potentially undermining the regulatory autonomy of States Parties.

NGO Coalition Briefing: Council Mandate on Responsible Mineral Sourcing
This publication focuses on European regulation on responsible mineral sourcing and criticises the weaknesses of the proposed regulatory approach.

Infographic: Fracking in North and South
The infographic visualizes the global impact of fracking on the environment and climate, highlighting the risks and consequences of this technology.

Investment Protection in the EU-Canada Comprehensive Economic and Trade Agreement (CETA): a critical analysis (Eng.)
This analysis by PowerShift e.V., Campact e.V. and TTIP-Unfairhandel barcritizes the expansion of investor privileges through the chapter on investment protection and the ISDS procedure in CETA. It is argued that these extensions limit democratic rights and the rule of law by allowing foreign investors to challenge state action before international arbitration tribunals.

Protection of the investment dans le TTIP/TAFTA: La nouvelle proposition de la Commission européenne reste dangereuse pour nos démocraties (French)
This publication by PowerShift e.V., Campact e.V., Foodwatch and TTIP-Unfairhandelbar analyses the reform proposals of the European Commission on investment jurisdiction in the context of the TTIP/TAFTA and notes that these reforms maintain the controversial special rights for foreign investors. The analysis argues that these rights are unnecessary, as there is robust legal protection for investors in both the EU and the US, and that the proposed reforms give investors far-reaching privileges, potentially to the detriment of public interests.

Analysis of ISDS mechanisms in international trade agreements
This analysis by PowerShift e.V. is dedicated to the mechanisms of the Investor-State Dispute Settlement System (ISDS) as provided for in current international trade and investment agreements, including TTIP and CETA. The analysis highlights that ISDS procedures represent a significant extension of investor rights, potentially limiting the sovereignty of states and undermining their ability to implement laws and regulations in the public interest. It is argued that ISDS places undue privilege on foreign investors over the rights of states and their citizens, and that it poses a serious threat to democratic processes and the rule of law. The publication could also address public opposition and criticism of ISDS and explore reform proposals or alternatives to existing ISDS mechanisms.

Resource Curse 4.0 - Raw Materials, Human Rights and Industry 4.0
The publication by Hannah Pilgrim, Merle Groneweg and Michael Reckordt sheds light on the consequences of the fourth industrial revolution, known as Industry 4.0, for the raw materials sector. She argues that the increasing need for specific raw materials needed for new technologies poses significant social and environmental challenges. In particular, it highlights the impact on working conditions, pollution and the intensification of the resource curse in resource-rich countries of the Global South. The authors call for a political rethink and the implementation of a sustainable and equitable raw materials policy that protects human rights and reduces the absolute consumption of raw materials.

Transatlantic statement against CETA ratification
In a joint statement, civil society organisations from Canada and Europe strongly oppose the ratification of the CETA agreement between the EU and Canada and criticise the disregard for their concerns about a more democratic and transparent trade policy during the negotiations. They warn of the negative effects of CETA, such as strengthening corporate rights to the detriment of public services, the environment, public health and the labour market. The organisations call on parliaments in Europe and Canada to vote against CETA and advocate for a trade policy that prioritises equity, sustainability and the involvement of civil society.

The ISDS Zombie - How the EU Commission allows dangerous corporate lawsuits to live on
This publication by Corporate Europe Observatory and PowerShift criticises the continuation of ISDS mechanisms under the new name ICS in trade agreements such as TTIP and CETA, warns of the dangers to democracy and public interest.

The zombie ISDS (Eng)
Rebranded as ICS, rights for corporations to sue states refuse to die
This publication by Pia Eberhardt (Corporate Europe Observatory) critically examines the concept of ISDS (Investor-State Dispute Settlement), which is presented under the new name ICS (Investment Court System) in trade agreements such as TTIP and CETA. The report argues that the proposed changes are only superficial and that the fundamental problem of companies being able to sue states outside the national justice system remains. The analysis warns that this could undermine states' ability to act in the public interest without risking billion-dollar lawsuits from investors.

Investment Protection in TTIP: The European Commission Refuses to Change the System (Eng)
This publication by TTIP-Unfairhandelbar, Campact and PowerShift assesses the European Commission's reform proposals as insufficient, which still provide far-reaching privileges for foreign investors and increase the risk of ISDS lawsuits.

Negotiated and sold: The impact of trade and investment policy on the energy transition and climate protection
This study by Laura Weis critically examines the role of international trade and investment agreements in the energy transition and climate protection. Key topics of the study include Germany's and the EU's dependence on imports of fossil fuels and critical raw materials for renewable energy technologies, as well as the impact of free trade and investment protection agreements on national energy and climate policy.

2015

Foreign investment law and development policy
This publication by Friederike Diaby-Pentzlin deals with the interactions between international investment law and development policy, in particular the impact on the rights and well-being of people in developing and emerging countries.

Briefing paper: Fracking in North and South (PowerShift)
This paper argues against the extraction of shale gas through fracking due to its negative impact on the environment, climate and society, and stresses the need to keep fossil fuels in the ground to limit global warming.

Democracy and the rule of law as red lines for investment protection in TTIP (PowerShift)
The publication criticises the existing ISDS (Investor-State Dispute Settlement) mechanisms in trade agreements such as TTIP and stresses the importance of democracy and the rule of law in the context of international investment protection.

A paradise for polluters
This publication addresses the challenges and risks of EU investment and trade policy, in particular with regard to environmental and climate justice, and calls for a more sustainable direction of EU policy.

Analysis: TTIP Resolution (Total)
This analysis examines the European Parliament resolution on TTIP, with a particular focus on the implications for environmental, climate and consumer protection standards, as well as the transparency and democratic scrutiny of trade agreements.

PowerShift Analysis: ISDS reform debate "They move - but not"
This analysis by Peter Fuchs focuses on the reform debate around the Investor-State Dispute Settlement (ISDS) procedure. It is argued that despite public criticism and concerns, the proposed reforms are not sufficient to solve the fundamental problems of the ISDS system, in particular with regard to transparency, the rule of law and the protection of public interests vis-à-vis the interests of investors.

Factsheet: Coal & climate change
This factsheet highlights the role of the coal industry as one of the main drivers of climate change. It outlines the negative environmental impacts of coal mining and power generation and calls for a shift from fossil fuels to renewable energy sources in order to achieve the goals of the Paris Climate Agreement and secure a sustainable future.

AK raw materials: Responsibility along the supply chain
This publication addresses the social and environmental challenges in global supply chains, especially in the raw materials sector. It stresses the importance of transparency, sustainability and human rights responsibility in the extraction and processing of raw materials and calls for increased efforts to improve working conditions and protect the environment in the countries of origin of raw materials.

Factsheet Coal & climate change
This publication by PowerShift e.V. and ROBIN WOOD e.V. in cooperation with the Rosa Luxemburg Foundation, written by Dr. Philip Bedall, highlights the critical role of the coal industry as a major driver of climate change. It is argued that a move away from coal is necessary to effectively combat the climate crisis. The factsheet emphasises that coal-fired power plants are responsible for a significant share of global CO2 emissions and that the energy transition towards renewable energies is essential to limit global warming.

Coal and opencast mining
This publication by Dr. Philip Bedall deals with the specific problems associated with the extraction of lignite in Germany by opencast mining. It shows the environmental and social detrimental effects of this practice, including the destruction of natural and cultural landscapes and the resulting social consequences such as forced relocations. The document criticizes Germany's continued dependence on lignite despite known negative effects on the climate.

IIAs Under Scrutiny
This publication, written by Thomas Fritz as part of the project "Making EU Investment Policy Work for Sustainable Development", critically examines international investment treaties (IIAs) and their impact on democracy, the rule of law and the ability of states to govern in the public interest. The report highlights how the Investor-State Dispute Settlement (ISDS) process allows foreign investors to sue governments before private arbitration tribunals and how it can undermine public interests. It stresses that IIAs and ISDS pose a serious threat to democratic processes and the sovereignty of states.

2014

Effective EU legislation on conflict raw materials
Summary: This publication deals with the development of effective EU legislation aimed at preventing conflicts financed by trade in conflict commodities. It stresses the importance of transparency and due diligence in supply chains and proposes concrete measures for effective implementation.

Vattenfall vs. Germany: A briefing on the arbitration proceedings
Summary: This publication provides a briefing on the arbitration proceedings between Vattenfall and Germany in connection with the nuclear phase-out. It analyses the legal framework, the positions of both parties and discusses the implications of these procedures for international investment policy and the protection of public interests.

Summary of 'Making Sense of CETA'
Summary: This publication provides a summary and analysis of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. It highlights critical aspects of the agreement, in particular with regard to investment protection, the regulatory framework and the impact on public services and standards.

Trade and energy: The problems and challenges
Summary: This publication deals with the interdependencies between trade policy and energy supply. It discusses how trade agreements can influence national energy policies and what impact this has on environmental standards and the energy transition.

TTIP, ISDS and Fracking: A critical briefing
Summary: This publication examines the links between the planned TTIP agreement, investor-state dispute settlement and fracking. She argues that TTIP and ISDS could potentially limit the ability of states to enforce effective environmental and health protection measures in the field of fracking.

You're not coming by: Trade and energy
Summary: This publication deals with the impact of trade agreements on energy policy. It sheds light on how such agreements can undermine national efforts to achieve a sustainable energy transition by making access to renewable energy more difficult and promoting dependence on fossil fuels. The analysis highlights the need to shape trade policy in a way that supports and does not hamper the global energy transition.

TTIP, ISDS and Fracking: A critical briefing
Summary: This joint publication by Friends of the Earth Europe, Corporate Europe Observatory, Sierra Club, and PowerShift expresses concern about the potential impact of the Transatlantic Trade and Investment Partnership Agreement (TTIP) on environmental policy and, in particular, on the regulation of fracking activities. The authors argue that the Investor-State Dispute Resolution (ISDS) procedures provided for in the TTIP could allow companies to sue states if they wish to regulate to protect the environment or public health. This could have a chilling effect on legislation, undermining states' ability to take appropriate protective measures in the field of fracking and other environmentally harmful activities. 

Fracken on TTIP come out
Summary: This publication criticises how the TTIP agreement could make it more difficult to protect people and the environment from dangerous technologies such as fracking. In particular, it is feared that the safeguard clauses for business investment provided for in the TTIP could make it easier for energy companies to claim compensation when policy decisions affect their profit expectations. The authors argue that TTIP and similar trade agreements could hamper efforts to achieve effective climate policies and cement dependence on fossil fuels.

TTIP Update and Position Paper 
This document could address the positions and updates on the state of play of the TTIP negotiations from a critical perspective, possibly with a focus on investment protection and the implications for environmental and consumer protection standards.

Reply to EU CETA document
A critical response to a European Commission document setting out the investment provisions in the EU-Canada Free Trade Agreement (CETA). This document could highlight the discrepancies between the Commission's presentations and the actual texts of the agreement, in particular as regards the right to regulate and investment protection.

S2B Marc Maes' Response to DG Trade Claims on CETA
An analysis and critique of DG Trade's claims regarding the investment provisions in CETA, which may discuss the shortcomings of these provisions and their potential impact on the regulatory autonomy of States Parties.

Seattle to Brussels CETA analysis
A detailed study of the CETA negotiations and their impact on various areas such as the environment, labour rights and financial services. This document could highlight the potential dangers of the agreement to regulation in the public interest and democratic decision-making.

Berlin can no longer afford coal
Summary**: This publication argues that Berlin should no longer rely on coal as an energy source for climate policy and economic reasons. It calls for an energy transition to achieve climate protection targets and promote sustainable energy sources.

Stop the Corporate Giveaway - A Transatlantic Plea for Sanity in the EU-Canada CETA Negotiations
Brief summary: This booklet criticises the negotiations on the EU-Canada Comprehensive Economic and Trade Agreement (CETA). It warns of negative effects on environmental standards, workers' rights and democratic sovereignty.

Sold democracy? CETA, TTIP and the impact on municipal services of general interest and public services
Author(s): Harald Klimenta, Maritta Strasser and Peter Fuchs
Brief summary: This study critically examines the potential impact of the free trade agreements CETA and TTIP on municipal services and public services of general interest in Germany, with a particular focus on the dangers to democratic self-government and regulation.

TTIP - Non-Paper
Brief summary: This document provides a critical perspective on the planned Transatlantic Trade and Investment Agreement (TTIP) between the EU and the US. It highlights concerns about transparency, environmental protection and consumer rights.

TTIP: Surrender to corporations?
Author: Thomas Fritz
Brief summary: This booklet analyses the TTIP negotiations and argues that the agreement represents a capitulation of politics to major corporate interests. In particular, it addresses the risks to the regulation of environmental and consumer protection standards.

2013

A Brave New Transatlantic Partnership (October 2013)
Author: Kim Bizzarri (with contributions from Pia Eberhardt on Chapter 7)
Summary: The publication criticises the risks of a transatlantic trade partnership (TTIP) between the EU and the US. It highlights the potential socio-economic and environmental consequences of increased trade liberalisation and deregulation, such as job losses, erosion of consumer protection standards and negative impacts on sustainable agriculture.

Paradoxes of sustainability
Summary: The flyer deals with the contradictions and challenges within the concept of sustainability, in particular with regard to implementation in practice and the often neglected socio-economic aspects.

TTIP - Contribution to FORUM Environment & Development
Authors: Peter Fuchs and Lutz Weischer
Summary: This article critically discusses the planned TTIP agreement, in particular the impact on environmental and consumer protection standards as well as democratic decision-making. The authors warn against undermining European standards and call for transparent and participatory negotiation.

International investment policy and sustainable development
Summary: This publication analyses international investment policy and its compatibility with sustainable development goals. It critically questions the role of investment protection agreements and their influence on environmentally and socially responsible policy-making.

Eco-Export World Champion - The title just stolen?
Author: Chris Methmann
Summary: This study critically examines the downsides of an export-oriented green economy. She questions whether Germany rightly bears the title of "eco-export world champion" and discusses the ecological, economic and social costs of such an orientation.

Commodity profile: Alternative raw materials partnerships (2013)
Summary: The profile presents alternative models for partnerships in the raw materials sector. The aim is to promote a more sustainable and equitable raw materials policy that meets both the needs of developed countries and the requirements of resource-producing countries.

Commodity profile: Transparency and due diligence
Summary: This publication highlights the need for transparency and due diligence in the global raw materials industry. She argues that transparent business practices and enhanced due diligence can ensure sustainable and fair conditions in international commodity trading.

Position paper of the Working Group on Raw Materials for a comprehensive EU initiative to avoid conflicts in the extraction of raw materials
Summary: The position paper welcomes the European Commission's announcement to launch its own initiative on conflict raw materials, similar to the Dodd Frank Act in the US. It stresses the opportunity for the EU to make a significant contribution to the prevention of conflicts and human rights violations in the extraction of raw materials. The paper discusses the positive and negative aspects of the Dodd Frank Act and calls for careful analysis and avoidance of undesirable negative side effects in a new EU regulation.

Commodity profile: Taxing resources (2013)
Summary: This profile addresses the possibility of using taxes on the extraction or use of raw materials as an instrument of a sustainable resource policy. He discusses how royalties can involve the state in the profits of extracting raw materials and internalize external costs of extracting raw materials. The text argues that a taxation of raw materials can create incentives for a more gentle handling and contribute to the decoupling of raw material consumption and prosperity.

Berlin can no longer afford coal: Development Policy Consequences of Energy Supply
Summary: This publication addresses the negative impacts of coal energy on the climate and the social injustice exacerbated by climate change, especially in the countries of the Global South. The text criticizes the continuation of coal use in Germany and especially in Berlin, despite the known climate-damaging effects. It is highlighted that the high share of coal energy in Berlin's energy supply has negative consequences not only locally but also globally, as it contributes to climate change, which poses existential threats, especially in vulnerable regions of the Global South.

Democratisation of raw materials policy
Summary: This publication discusses the need for a more democratic design of German and European raw materials policy. It is criticised that the discourse and policy-making in this area are strongly dominated by the interests of industry, resulting in a neglect of social, environmental and human rights aspects. The text calls for greater involvement of civil society and alignment of raw materials policy with the principles of sustainability and global justice in order to minimise the negative impact of raw materials extraction and trade on people and the environment.

Wide-ranging and comprehensive free trade agreements – A path to democracy and shared prosperity?
Summary: This criticism addresses the EU's plans for wide-ranging and comprehensive free trade agreements with Egypt, Jordan, Morocco and Tunisia. It is questioned whether these agreements actually contribute to sustainable and inclusive economic growth in partner countries or whether they have social, environmental and economic consequences that could exacerbate the problems that led to the Arab Spring. The publication criticises EU trade policy for its one-sided focus on the interests of European companies and the lack of consideration for the development needs of partner countries and democratic self-determination.

Position paper on conflict raw materials
Summary: This position paper discusses the need for an EU initiative to avoid conflicts related to the extraction of raw materials. It advocates a comprehensive strategy addressing both legal and illegal aspects of commodity trading and stresses the importance of such an initiative in promoting transparency and accountability in the supply chain.

PowerShift Briefing on Investment Policy and Sustainability
A briefing on the need for a sustainable and sustainable investment policy. It could highlight why environmental and development NGOs should have an interest in international investment treaties and how these treaties affect planetary and social boundaries.

2012

Eco-export world champion: Just stealing the title?
Author: Chris Methmann
Summary: This publication discusses the ecological, economic and social downsides of an export-oriented green economy. She criticizes that the title "eco-export world champion" is not justified for Germany, as it goes at the expense of other countries and the environment.

Juice for everyone! Overcoming energy poverty – producing renewable energy in solidarity
Author: Nicola Jaeger
Summary: This publication deals with the topic of energy poverty and the possibilities to overcome it through the use of renewable energies. A solidarity-based production model is proposed to give all people access to clean energy.

Criticism of the WTO lawsuit against China over rare earths
Author: Jost Wübbeke
Summary: This publication criticizes the WTO lawsuit against China for its export restrictions on rare earths. She argues that such lawsuits undermine global efforts to use raw materials sustainably and hamper a just raw materials policy.

Pure air number: Sustainable Development and Climate Protection in the Clean Development Mechanism (CDM)
Author: Nicola Jaeger
Summary: This publication critically examines the effectiveness of the Clean Development Mechanism (CDM) with regard to sustainable development and climate protection. Doubts are expressed as to whether the CDM really leads to significant improvements or is merely an instrument for industrial profits.

S2B beginners guide-to-trade
Collaboration of several organisations
Summary: This guide provides an introduction to trade and investment, especially from a critical perspective of the European Union's trade and investment policy. It is intended to help activists and interested parties to understand the impact of these policies and to advocate for fairer alternatives.

Commodity profile: Aluminium (2012)
Summary: The profile deals with the increasing importance of aluminium in the automotive industry due to its lightness and strength. However, the production of aluminum is energy-intensive, where 1% The world's electricity is used for aluminium production. Despite the benefits in use, such as weight savings leading to higher efficiency, the social and environmental impacts of bauxite mining and aluminum production are significant.

Commodity profile: Copper (2012)
Summary: Copper plays an important role in electrical and electronic components, especially in the automotive industry, where demand in electric cars is increasing significantly. Germany, with the third largest copper processing industry in the world, covers almost half of its needs through recycling. The profile also discusses the social and ecological problems of copper mining and the need for responsible raw material extraction.

Commodity profile: Lithium (2012)
Summary: Lithium, as the lightest metal, is central to battery production, especially for electromobility. The profile describes the extraction methods and main extraction countries as well as the challenges and environmental impacts associated with lithium mining. Despite rising demand driven by battery production, mining is concentrated in a few countries, leading to potential shortages.

Commodity profile: Raw materials for electromobility (2012)
Summary: This publication addresses the increasing importance of electromobility and the associated growth in international commodity trading. Demand for specific raw materials such as copper, aluminum, nickel, and lithium and cobalt for batteries is expected to almost double by 2025. The profile emphasizes the ecological, social and developmental problems associated with this increased demand for raw materials.

The German nuclear phase-out on the test bench of an international investment arbitration court? Background to the new dispute Vattenfall against Germany (II)
Authors: Nathalie Bernasconi-Osterwalder & Rhea Tamara Hoffmann
Summary: This publication discusses the conflict between Vattenfall and the Federal Republic of Germany in connection with the nuclear phase-out and the subsequent arbitration before the International Centre for the Settlement of Investment Disputes (ICSID). Vattenfall is seeking damages in the amount of over 700 million euros for the decommissioning of the Krümmel and Brunsbüttel nuclear power plants, based on the Energy Charter Treaty. The text aims to provide an understanding of the case and its investment protection context.

2011

Up hui down pfui? Raw materials for the green economy
Author(s): Jutta Blume, Nika Greger, and Wolfgang Pomrehn
Summary: This study deals with the raw material requirements for future technologies, especially in the field of the green economy, and discusses the associated social, environmental and economic problems as well as options for action for politics and civil society.

Wood from Africa for warm rooms in Berlin
Author: Marc Engelhardt
Summary: The publication analyses the import and use of African wood for energy production in Berlin and sheds light on the associated ecological and social consequences in the exporting countries. It takes a critical look at the energy policies and practices of companies like Vattenfall.

Built on sand – How free trade protects tar sand extraction from the environment
Author: Chris Methmann
Summary: This short analysis focuses on the impact of free trade agreements on polluting tar sands extraction. It shows how such agreements can undermine environmental aspirations by putting the protection of investments above environmental and social concerns.

Investment briefing: Challenges and Opportunities in the International Investment Regime
Author: Roeline Knottnerus
Summary: This briefing, commissioned by the Seattle to Brussels network, discusses current developments in the international investment regime. In particular, it criticises the Investor-State Dispute Settlement (ISDS) procedure and its impact on the ability of states to regulate in the public interest.

Germany's Next Export Model
Author: Peter Fuchs
Summary: This analysis critically examines the role of Germany and its export economy in relation to global demand for raw materials. It is questioned to what extent the focus on "green" growth and the associated increasing demand for raw materials for renewable energies and electromobility contributes to ecological and social problems in the raw material exporting countries. The text argues that efforts to achieve resource efficiency are being frustrated by growth processes and calls for a fundamental revision of German and European commodity policy in order to achieve real sustainability and equity in global commodity trading.