Embora a petição esteja a ser dinamizada pelo LIVRE, qualquer pessoa que compreenda os méritos e benefícios da proposta em causa deveria assinar e divulgar.
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«entre le fort et le faible, entre le riche et le pauvre, entre le maître et le serviteur, c’est la liberté qui opprime, et la loi qui affranchit.»
(Lacordaire)
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Companies have even relied on investor rights to escape punishment after they were accused or convicted of crimes, including environmental pollution and corruption. For example, a factory in El Salvador poisoned a village with lead, killing some of its inhabitants, including children. When the government charged the company for violating its environmental laws, the company used its lawyers to threaten the government with an ISDS case, enabling it to avoid a criminal conviction. The proposed global investor court would enable cases such as these – because the rules on the basis of which they have been filed or threatened would not change.
These broad, substantive rights create a risk of financial liability that leads to a chilling effect on decision-makers. For example, in 2010, the Inter-American Commission on Human Rights advised the government of Guatemala to suspend operations at Goldcorp, Inc.’s Marlin Mine to prevent imminent human rights violations and grave environmental impacts. After a brief suspension, the Guatemalan government reopened the mine. Documents obtained through a freedom of information request reveal that the decision to do so was based in part on the government’s fear that closure would cause Goldcorp to “activate the World Bank’s [investment court] or to invoke the clauses of the free trade agreement to have access to international arbitration and subsequent claim of damages to the state”. Similarly, the government of Indonesia exempted Australia-based Newcrest Mining from a prohibition on open-pit mining in protected forests because it feared that the mining company would otherwise challenge the decision in arbitration. The mere existence of an international investor court could strengthen the force of this chilling effect.