PowerShift Publications 2018-2011
Browse through our archived publications of the first years, if something strikes your interest, we will be happy to send you the pdf for these publications. Simply send us an e-mail to info@power-shift.de with the title of the publication and the year of publication.
2018
Discussion paper on the turnaround in raw materials
Authors: Verena Bax, Susanne Friess, Lili Fuhr, Josephine Koch, Michael Reckordt, Johanna SydowThis paper advocates radical change in the use of natural resources. It calls for a shift away from efficiency orientation towards sufficiency, a massive reduction in raw material consumption and the establishment of a true circular economy. It stresses the need for global justice and 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 NCDs by promoting the consumption of unhealthy foods, making access to medicines more difficult and increasing healthcare costs in the EU and Canada .
The impact of the ECJ's Achmea judgment 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 violate EU law. The document highlights the far-reaching implications of this ruling for EU investment policy, in particular for agreements such as CETA and the planned Multilateral Investment Court (MIC), arguing that such agreements may violate 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 places 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 was published 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 do not adequately address the environmental and social challenges of our time and, instead of promoting sustainable development, can contribute to deepening existing inequalities and environmental crises.
EU Association Agreement with Mercosur: Frontal attack on farming, human rights, environmental and climate protection
This publication warns of the negative impact of the EU Association Agreement with Mercosur on agriculture, human rights and environmental and climate protection on both sides of the Atlantic. Particularly criticised are the increased dependence of the EU on soy imports from Mercosur and the possible intensification of environmentally harmful agriculture in Mercosur through increased meat exports to the EU .
JEFTA disenchanted
Authors: 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 was 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
Authors: 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 minor role. The publication criticizes in particular the non-transparent negotiation processes, the unequal influence of corporate lobbyists and the lack of sanction possibilities for violations of sustainability chapters.
JEFTA - Myths & Facts about the EU-Japan Economic Partnership Agreement
This document exposes common myths about JEFTA, such as the alleged economic engine and job generator, and contrasts these facts, which highlight the minimal growth effects and lack of employment growth. It shows that JEFTA mainly 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 demonstrate 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 FTAs. 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. It emphasizes the ecological 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.)
Authors: 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 reform needs of the current EU trade policy
Authors: Nelly Grotefendt, Jürgen Maier & Anna Uebachs (Forum Environment and Development), 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, ecology and democracy. 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 previous policy, which mainly serves the interests of the economy, and for a trade and investment policy that is fairer and more sustainable.
Legitimising an Unsustainable Approach to Trade (Eng.)
The article by Ciaran Cross 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 its mechanisms for monitoring and enforcing labour and environmental standards are considered insufficient. Furthermore, he stresses that the economic priorities of the agreements often undermine social and environmental objectives, raising 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 elimination 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 the fact that CETA makes access to affordable medicines more difficult due to increased intellectual property rights and thus negatively affects healthcare.
On knife cutting edge: Dangerous setting of 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 institutionalisation of the ISDS system would extend 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 address socially and environmentally meaningful government policies, thereby undermining democratic decision-making processes. The authors call for a shift away from these mechanisms and advocate instead 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 worldwide leads to human rights violations, pollution and health risks for workers and local communities. 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 materials 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 allow 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 focus is on agreements with the Association of Southeast Asian Nations (ASEAN) and the Trade in Services Agreement (TiSA), while critically questioning the extent to which these agreements contribute to fair 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 enforce their interests vis-à-vis states, especially in the commodities sector. The example of OceanaGold 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 state regulatory opportunities 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 underlined 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 sets out demands 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 participation, higher standards and the waiver of investor-state rights.
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 compromise standards in areas such as environmental and consumer protection. She criticises the fact that large corporations could have a significant influence on the legislation, which is of particular concern 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 corporations and damages local markets and smallholder structures in the Global South. It shows that such agreements push local producers into dependency relationships and are to the detriment of the environment, humans and animals.
Debt paper Alternative trade policy
This paper presents concrete demands to the German 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 shift away from investor-state litigation rights 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 under threat?
This paper by Alessa Hartmann, PowerShift, in the edition “Political Ecology” discusses the potential risks of the Trade and Investment Agreement between Europe and Japan, known as JEFTA. Particular concerns include the weakening of food controls and the expansion of group litigation rights, which could bring states before non-transparent arbitral 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 proposed gold mine in Roşia Montană, Romania, and the resulting investor-state lawsuit brought by Canadian firm 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 the company Gabriel Resources tries 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 requires transnational corporations to respect human rights. It argues that existing trade and investment agreements facilitate access to markets and raw materials, but insufficiently address the protection of human rights. The paper advocates a binding UN agreement that creates clear rules for companies and opens up litigation opportunities for those affected.
Trading 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 criticises the fact that current agreements primarily serve the interests of the economy, while environmental and social standards often fall 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. In one, they all agree: In its current form, CETA threatens the common good on both sides of the Atlantic. In a wide range of policy areas, many of which are only indirectly related to 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 argues that the new Investment Court System (ICS) does not address the fundamental concerns of the public and continues to provide extensive safeguards for investors that 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 states 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
Authors: Max Bank, LobbyControl; Cooperation: Ronan O’Brien and Lora Verheecke, Corporate Europe Observatory
This analysis criticises the regulatory cooperation rules provided for in CETA, which could put pressure on existing and future laws and override national legislation. It stresses that this cooperation deprives democratically elected governments of decisions and risks lowering standards.
Internal regulation Restriction of the regulatory competence of governments
This publication by Ellen Gould, Canadian Centre for Policy Alternatives, addresses the far-reaching implications of CETA for States Parties' internal regulatory capacity. It is criticized that CETA restricts governments in their ability to regulate services and economic activities. This concerns not only the services sector, but virtually all sectors of the economy. Specific concerns are expressed about the potential limitations of legislative flexibility, even in areas that are only loosely linked to trade. The provisions on internal regulation are identified as potential barriers to trade that could jeopardise non-discriminatory regulations.
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.
Farmer's 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. Opening up the market to sensitive products such as milk and meat could put farmers' markets and food quality at risk. In particular, it addresses lower prices for Canadian meat and the consequent pressure on European producer prices.
Free trade or climate action - Energy and climate risks of CETA
This publication by Ernst-Christoph Stolper, BUND e.V., deals with the tension between free trade agreements such as CETA and climate protection. It is argued that such agreements severely limit states' political and legal capacity to shape energy and climate policies and provide investors with special rights to sue against government 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.
Incl. article “CETA and Genetic Engineering” by Karl Bär, Umweltinstitut München, raising concerns that CETA may undermine future progress in strengthening animal welfare without protecting high standards at all stages of production. It is criticised that CETA promotes dialogue in the interest of the biotech industry without enshrining 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 the exploitation of raw materials
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 developed countries and multinational corporations to the detriment of developing countries and the environment.
Towards a democratic and globally just raw materials policy
This position paper of the AK Rohstoff advocates a reorientation of 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 a policy that reduces the consumption of raw materials, effectively protects human rights and protects and strengthens 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 modern mining law.
Investment protection in TTIP: Commission refuses to change system
The publication of TTIP-Unfairhandelbar, Campact and PowerShift criticises the reform proposals of the EU Commission on investment protection under TTIP as insufficient and superficial. Although some improvements are proposed, the Commission maintains the controversial special rights of appeal for foreign investors, which make it possible to claim high compensation for state measures that are in the public interest. The analysis stresses that the inclusion of ISDS in TTIP further increases the risk for states to be sued, which would be to the detriment 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 environmentalists
How investor rights in EU trade agreements block the energy transition
The publication sheds light on how certain political and economic framework conditions favour pollution and undermine sustainable development goals. It shows that lax regulations and inadequate sanctions for environmental offences not only endanger local ecosystems and public health, 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 sock loads not only endanger the drinking water supply, but also affect 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, blasted 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 coal use for the environment and people in coal's countries of origin, such as Russia, Colombia, the United States, and South Africa. She criticizes the practice of coal-fired power generation in Berlin's power plants with imported coal and calls for its decommissioning by 2020 for climate protection reasons.
Coal protest map
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 industrialisation and concentration in the agricultural sector, putting farms at risk. The authors fear that TTIP could undermine existing standards in areas such as animal welfare, GMOs, food safety and public health. The study also criticises that TTIP would hamper legislative efforts for higher-quality, more sustainable agriculture and further drive the industrialisation 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 respond effectively to trade in conflict minerals and human rights violations. In particular, the coalition complains 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 rules for all relevant companies.
Losses in investment protection: CETA
This brief 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 undermine their profit expectations, potentially undermining the regulatory autonomy of States Parties.
NGO Coalition Briefing: Council Mandate on Responsible Mineral Sourcing
This publication addresses 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 barcriticizes 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 take action against state action before international arbitration courts.
Protection des investissements dans le TTIP/TAFTA: la nouvelle proposition de la Commission européenne reste dangereuse pour nos démocraties (Franz.)
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 grant 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 investors' rights, potentially limiting states' sovereignty and undermining their ability to implement laws and regulations in the public interest. It argues 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 rethinking 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 to advocate for a trade policy that prioritizes justice, sustainability and the involvement of civil society.
The ISDS-Zombie - How the EU Commission keeps dangerous corporate rights alive
This publication by Corporate Europe Observatory and PowerShift criticizes 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 the fundamental problem that companies can sue states outside the national justice system persists. 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 influence of trade and investment policy on energy transition and climate protection
This study by Laura Weis critically examines the role of international trade and investment agreements in terms of energy transition and climate protection. Key topics of the study include the dependence of Germany and the EU 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
International 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 negative impacts 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 mechanisms (investor-state dispute settlement) 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 environmentalists
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 orientation of EU policies.
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 transparency and democratic scrutiny of trade agreements.
PowerShift analysis: ISDS reform debate “You are moving but not”
This analysis by Peter Fuchs focuses on the reform debate surrounding the Investor-State Dispute Settlement Procedure (ISDS). 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 coal-fired power generation and calls for a shift away from fossil fuels towards 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 the main driver of climate change. It is argued that a shift away from coal is necessary to effectively combat the climate crisis. The factsheet stresses 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 for limiting global warming.
Coal and open pits
This publication by Dr. Philip Bedall deals with the specific problems associated with the extraction of lignite in Germany by open pit mining. It highlights the environmental and social impact of this practice, including the destruction of natural and cultural landscapes and the resulting social consequences such as forced resettlement. 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 ‘Making EU Investment Policy Work for Sustainable Development’ project, 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 Mechanism (ISDS) allows foreign investors to sue governments in private arbitral tribunals, and how this 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 commodities
Summary: This publication addresses 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 Arbitration
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.
German 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 proceedings and fracking. She argues that TTIP and ISDS could potentially limit states' ability to enforce effective environmental and health protection measures in the field of fracking.
You won't come 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 hamper national efforts to achieve a sustainable energy transition by making access to renewable energies more difficult and fostering reliance on fossil fuels. The analysis stresses the need to shape trade policy in a way that supports and does not hinder 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 the ability of states to take appropriate protective measures in the field of fracking and other environmentally harmful activities.
Fracture on TTIP come out
Summary: This publication criticizes 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 corporate investment safeguards provided for in the TTIP could make it easier for energy companies to claim compensation if 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 reliance 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 on investment rules 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’ reply to DG Trade claims on CETA
An analysis and criticism 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 contracting states.
Seattle to Brussels CETA Analysis
A detailed analysis 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 for 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 advocates an energy transition to achieve climate protection goals and promote sustainable energy sources.
Stop the Corporate Giveaway – A Transatlantic Plea for Sanity in the EU-Canada CETA Negotiations
Summary: This brochure criticises the negotiations on the EU-Canada Comprehensive Economic and Trade Agreement (CETA). It warns of negative impacts on environmental standards, workers' rights and democratic sovereignty.
A sold democracy? CETA, TTIP and the impact on municipal services of general interest and public services
Authors: Harald Klimenta, Maritta Strasser and Peter Fuchs
Summary: This study critically examines the potential impact of the CETA and TTIP free trade agreements on municipal services and public services in Germany, with a particular focus on the threats to democratic self-government and regulation.
TTIP – Non-paper
Summary: This document provides a critical perspective on the planned EU-US Transatlantic Trade and Investment Agreement (TTIP). It highlights concerns about transparency, environmental protection and consumer rights.
TTIP: Surrender to corporations?
Author: Thomas Fritz
Summary: This booklet analyses the TTIP negotiations and argues that the agreement represents a capitulation of policy to major corporate interests. It focuses in particular on the risks to the regulation of environmental and consumer protection standards.
2013
A Brave New Transatlantic Partnership (October 2013)
Author: Kim Bizzarri (with contributions by Pia Eberhardt to 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, especially 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 paper 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.
World Eco-Export Champion – The title only stolen?
Author: Chris Methmann
Summary: This study critically examines the downsides of an export-oriented green economy. It questions whether Germany rightly holds the title of ‘Eco-Export World Champion’ and discusses the ecological, economic and social costs of such an orientation.
Commodity plug-in letter: 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 countries producing raw materials.
Commodity plug-in letter: 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 trade.
AK Raw Materials position paper for a comprehensive EU initiative to avoid conflicts in the mining of raw materials
Summary: The position paper welcomes the European Commission's announcement to launch its own initiative on conflict commodities, similar to the Dodd Frank Act in the US. It stressed 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 accompanying effects in a new EU regulation.
Commodity plug-in letter: 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 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.
Democratization of raw materials policy
Summary: This publication discusses the need for a more democratic shaping of German and European raw materials policy. It is criticised that the discourse and policy-making in this area is strongly dominated by the interests of industry, which leads to a neglect of social, environmental and human rights aspects. The text calls for greater involvement of civil society and for raw materials policy to be aligned 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.
Extensive and Comprehensive Free Trade Agreements – A Path to Democracy and Shared Prosperity?
Summary: This criticism addresses the EU's plans for far-reaching 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 of partner countries' development needs 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 stress why environmental and development NGOs should have an interest in international investment agreements and how these agreements affect planetary and social boundaries.
2012
World Eco-Export 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 criticises the fact that the title of ‘Eco-Export World Champion’ is not justified for Germany, as it is at the expense of other countries and the environment.
Juice for everyone! Overcoming energy poverty – producing renewable energies in solidarity
Author: Nicola Jaeger
Summary: This publication deals with the topic of energy poverty and the ways to overcome it through the use of renewable energies. A model of production based on solidarity is proposed, which should enable all people to have 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 sustainably use raw materials and impede a fair 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
Cooperation between several organisations
Summary: This guide provides an introduction to trade and investment, especially from a critical perspective on 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 plug-in letter: Aluminium (2012)
Summary: The profile covers 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 electricity produced worldwide is used for the production of aluminium. Despite the advantages in use, such as weight savings, which lead to higher efficiency, the social and environmental impacts of Bauxitabbaus and aluminium production are significant.
Commodity plug-in letter: Copper (2012)
Summary: Copper plays an important role in electrical and electronic components, especially in the automotive industry, where the demand for 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 plug-in letter: Lithium (2012)
Summary: Lithium, as the lightest metal, is of central importance for battery production, especially for electromobility. The profile describes the production methods and main production countries as well as the challenges and environmental impacts associated with lithium mining. Despite the rising demand driven by battery production, mining is concentrated in a few countries, leading to potential shortages.
Commodity plug-in letter: Raw materials for electromobility (2012)
Summary: This publication focuses on the increasing importance of electromobility and the associated growth in the international commodity trade. The demand for specific raw materials such as copper, aluminum, nickel as well as lithium and cobalt for batteries is expected to almost double by 2025. The profile highlights the environmental, social and development problems associated with this increased demand for raw materials.
The German nuclear phase-out under the scrutiny 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 of more than 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
Authors: Jutta Blume, Nika Greger, and Wolfgang Pomrehn
Summary: This study looks at the raw material needs for future technologies, especially in the green economy, and discusses the associated social, environmental and economic problems as well as options for policy 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 sand extraction. It shows how such agreements can undermine environmental protection efforts by prioritising the protection of investments over 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 Mechanism (ISDS) 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 industry in relation to the global demand for raw materials. It questions to what extent the focus on ‘green’ growth and the associated increasing demand for raw materials for renewable energies and electromobility contributes to environmental and social problems in the raw material exporting countries. The text argues that efforts to achieve resource efficiency are being thwarted by growth processes and calls for a fundamental revision of German and European raw materials policy in order to achieve real sustainability and equity in the global raw materials trade.
