May 092013
 
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Investor-state dispute settlement could give energy companies new powers.

from Public Service Europe

"Environmental and public health problems related to fracking — or hydraulic fracturing — have created popular distrust and resistance to the extent that the majority of countries concerned with shale gas endowments in Europe are taking positions against the controversial technology. France, Bulgaria and the region of Cantabria in the North of Spain have already banned it. Romania, Ireland, the Czech Republic, Denmark and North-Rhine Westphalia in Germany have proclaimed moratoria.

"But The right to say no — a new research paper from Corporate Europe Observatory, the Transnational Institute and the Council of Canadians shows that the controversial European Union-Canada Comprehensive Economic and Trade Agreement, or CETA, could threaten the ability of countries to implement fracking bans and regulations.

"For, CETA will include a process through which Canadian investors can settle disputes with the EU or a member state outside of the regular court system. This process, called investor-state dispute settlement, is increasingly controversial globally as mining and energy firms use it to challenge environmental and public health measures that do not suit their financial interests. Sometimes, the mere possibility of a lawsuit based on investor-state arbitration is enough to deter authorities introducing strong public health and environmental policies. …"

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