Trade and climate

Energy Charter Treaty

Approaching the midpoint of the year, the Energy Charter Treaty campaign has all the pieces in place, but so far the goal is hovering just out of reach. At the start of the years things were moving so fast we thought quite possibly we would have won or lost by now. As it turns out, though, we have more time to shore up public awareness and parliamentary support.

The pace has slowed because the EU Council has not been able to reach a decision on the recommendation for a coordinated withdrawal. There is a pushback, led by Cyprus. Cyprus has what is basically an offshore economy, like Jersey, with many ‘letterbox’ company registrations. It is very invested in the ISDS system, including the ECT, because many companies have found it convenient to register in Cyprus and sue from there, so it wants to stay in the ECT.

We have heard some potentially hopeful signs from within the UK government, but they seem to be waiting to see what happens with the EU decision, rather than making the constructive decision to leave on their own accord.

We need to keep up the pressure and not let the UK off the hook. More people are beginning to have heard of the ECT – it was really encouraging at The Big One climate mobilisation last month that increasing numbers of people knew at least something about it. But so many people still don’t, especially among the general public, and this is a system that thrives on secrecy. The more people who have heard of it, the harder it is for the government to defend it.

We also need to continue raising it with parliamentarians of all parties, so that the government continues to be asked about it at all opportunities and from all directions. We’re pushing for opposition parties and devolved governments to be more vocal about it. Meanwhile, we are also continuing to work with our allies in Europe to try and break the stalemate there.

Updated materials

To help with continued campaigning, we’ve updated two existing materials. Our Five Fossil Fuel Firms leaflet has been tweaked to focus a bit more on the Energy Charter Treaty, and reflect our demand around the Pacific trade deal now that the UK has actually joined – that it formally agrees with other countries not to implement ISDS. The five firms have also now become four, since Uniper was forced to drop its case against the Netherlands as part of a financial bailout from the German government.

We have also turned the parliamentary briefing on the ECT, produced jointly with allies, into more of a general campaign briefing which can be used on stalls for people who want more information. Printed copies of both of these are included with this issue of Think Global. Contact activism@globaljustice.org.uk to order extra copies.

Summer activities

Hopefully these updated materials will be useful on stalls over the summer. Although the leaflet has a QR code on it for people to sign the petition, it is important to try and get people to do it ‘in the moment’, as they’re quite likely not to get around to it if they take the leaflet away. We have petition sheets to allow you to do this, as well as a large QR code on an A4 sheet to encourage people to do it on their phones there and then.

If you have any opportunity for a visual stunt, consider playing ‘ECT dodgeball’. We did this at ‘The Big One’ climate mobilisation and it worked well – it was fun and not too complicated. The main thing needed is some beachballs. Contact jean.blaylock@globaljustice.org.uk for more explanation. Photos could then help get coverage of your campaigning in a local paper.

Contacting and meeting your MP over this issue remains important, asking them to raise the issue with the energy minister. Another way to raise awareness locally, which can also help influence your MP, is to write a letter to your local paper or online media. Resources to help with both of these things can be found at globaljustice.org.uk/ECT-pack

Colombia solidarity

Over the last few years, Colombia has faced an onslaught of ISDS cases – it has twelve cases against it at present. Last year a new progressive government was elected, and civil society groups in Colombia are coming together to call on them to get rid of the country’s ISDS treaties. This was something that happened in a couple of Latin American countries a decade ago in the previous ‘pink tide’ of left-wing governments, and the groups hope to revive the idea.

At the start of the year we supported the Colombian groups in launching an international statement calling for this. This month, we are joining an international delegation that is visiting Colombia to help raise the profile of corporate courts.

Cleodie from the trade team is part of the delegation, which was due to meet with allies fighting the ISDS system and with communities engaged in the struggle against extractive projects like the Cerrejón coal mine. Encouragingly, as we went to press, the Colombian government had just responded to the delegation by announcing a review of all agreements containing ISDS. If you would be interested for Cleodie to speak to your group about this experience when she gets back, please email activism@ globaljustice.org.uk

Key resources

Four fossil fuel firms... Petition leaflet (NEW June 2023).

The Energy Charter Treaty Two-page briefing (NEW June 2023).

What’s wrong with the Pacific trade deal? Four-page briefing (NEW March 2023).

Corporate courts versus the climate Photo booklet (February 2022).

Climate injustice How corporate courts block climate action. Four-page briefing (March 2021).

Contact us to order these or view them at globaljustice.org.uk/resources