[Ip-health] Universal health Coverage in Africa: request to UK government to exclude ISDS from future UK trade policy.

Susan Isiko Strba susan.isiko.strba at bluewin.ch
Wed Jun 19 06:25:03 PDT 2019


Please see request to sign the letter requesting the UK government to 
exclude ISDS from future UK trade policy.

If you are interested in signing could you please  email 
(J.Harrison.3 at warwick.ac.uk <mailto:J.Harrison.3 at warwick.ac.uk>). They 
can simply say “I would like to sign the ISDS letter”.


Best
Susan

--------
Academic Letter on Investor-State Dispute Settlement
The UK government is working on a new UK trade and investment strategy 
in the context of its departure from the European Union. As part of this 
process, we believe that it should commit to excluding investor-state 
dispute settlement (ISDS) from all its international trade and 
investment agreements and consider alternative approaches to supporting 
UK investors abroad.
ISDS allows foreign (but not domestic) companies access to international 
tribunals for claims that governments have interfered with their 
investments. These claims can run to billions of pounds. At the same 
time, they can undermine the UK and other countries’ ability to pursue 
legitimate public policy aims. Cases before tribunals have challenged 
environmental regulation of coal-fired power stations, plain packaging 
of cigarettes, bans on toxins, denials of permits for toxic waste sites, 
moratoria on fracking, efforts to combat tax evasion and many other 
important public policy initiatives.
We endorse the letter sent by 223 US academics to the US Congress, 
opposing ISDS on numerous grounds including that “the system undermines 
the important roles of our domestic and democratic institutions … and 
weakens the rule of law.”
Only 3% of UK business leaders believe ISDS is an important priority for 
the UK in developing its post-Brexit trade policy strategy. This should 
not be a surprise as decades after the first international investment 
agreement was concluded, there is no conclusive evidence that they 
increase flows of investment. At the same time, such agreements do pose 
a number of serious challenges to governments, particularly in smaller 
developing countries, seeking to harness foreign investment to achieve 
sustainable development objectives.
ISDS also only benefits the largest corporations. The costs of 
investment arbitration, averaging more than $5 million dollars for each 
party to a case, make it inaccessible for the vast majority of 
companies. Partly for this reason, the German Association of Small and 
Medium-Sized Firms – the largest business group in Germany – opposed 
ISDS in trade deals which the EU was negotiating with the US and Canada.
For all of the above reasons, we urge the UK government to commit to 
excluding ISDS provisions from all of its international trade and 
investment agreements. There are alternative, less costly and less 
confrontational approaches that the UK can utilise to help avoid and/or 
resolve disputes involving its investors in other countries.
Signatories:
1. Professor James Harrison, School of Law, University of Warwick
2. Dr. Sam Adelman, School of Law, University of Warwick
3. Professor Donatella Alessandrini, Kent Law School, University of Kent
4. Dr Mirela Barbu, University of Sussex Business School
5. Dr Liam Campling, School of Business and Management, Queen Mary 
University of London
6. Dr Barnali Choudhury, Faculty of Laws, University College London
7. Dr. Stephen Connelly, School of Law, University of Warwick
8. Dr. Daria Davitti, School of Law, University of Nottingham
9. Dr. Deborah Dean, Warwick Business School, University of Warwick
10. Professor Diane Elson, Department of Sociology, University of Essex
11. Dr Luis Eslava, Kent Law School, University of Kent
12. Dr. Clair Gammage, Law School, University of Bristol
13. Dr Jay Ginn, Visiting Professor, Institute of Gerontology, Kings 
College London
14. Dr. Edward Guntrip, School of Law, Politics and Sociology, University of
Sussex
15. Professor John Harrington, School of Law and Politics, Cardiff 
University
16. Dr. Tor Krever, School of Law, University of Warwick
17. Professor Tonia Novitz, Law School, University of Bristol
18. Professor Sol Picciotto (Emeritus), Law School, Lancaster University
19. Dr. Ben Richardson, Department of Politics and International Studies
20. Ms. Andrea Saldarriaga, Visiting Fellow, London School of Economics and
Political Science
21. Dr. Margot E. Salomon, Law Department, London School of Economics and
Political Science
22. Dr. Sharifah Sekalala, School of Law, University of Warwick
23. Ms. Andrea Shemberg, Visiting Fellow, London School of Economics 
School of
Economics and Political Science
24. Professor Adrian Sinfield, Professor Emeritus of Social Policy, 
University of
Edinburgh
25. Professor Adrian Smith, Professor of Human Geography, Queen Mary
University of London
26. Dr. Mary-Ann Stephenson, Women’s Budget Group
27. Dr. Celine Tan, School of Law, University of Warwick
28. Dr Tara Van Ho, School of Law, University of Essex
29. Professor Victor Tadros, School of Law, University of Warwick
30. Dr. Silke Trommer, School of Social Sciences, University of Manchester
31. Professor Andrew Williams, School of Law, University of Warwick
32. Dr. Anil Yilmaz, School of Law, University of Essex
--------


-------- Forwarded Message --------
Subject: 	Re: Universal health Coverage in Africa
Date: 	Wed, 19 Jun 2019 10:39:35 +0000
From: 	Sekalala, Sharifah <Sharifah.Sekalala at WARWICK.AC.UK>
Reply-To: 	Sekalala, Sharifah <Sharifah.Sekalala at WARWICK.AC.UK>




Dear all,

I hope you are well. One of my colleagues Prof. James Harrison has 
written the attached letter  which requests the UK government to exclude 
investor-state dispute settlement from future UK trade policy. It is 
intended for publication in a UK national newspaper at the end of the 
month) to coincide with events planned by an ngo ‘Stop ISDS’ coalition. 
If you are interested in signing could you please  email 
  (J.Harrison.3 at warwick.ac.uk <mailto:J.Harrison.3 at warwick.ac.uk>). They 
can simply say “I would like to sign the ISDS letter”.

Best wishes,

Sharifah




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