Signing away sovereignty

How investment agreements threaten regulation of the mining industry in the Philippines

Mining firms have been one of the main corporate sectors worldwide to take advantage of investor-state dispute mechanisms to sue states for regulation of mining, having sued governments for a total of USD 53 billion so far. The Philippines, one of five countries worldwide with the highest overall mineral reserves, has a web of investment treaties which severely constrain the government's ability to regulate or close polluting mines. This legal straitjacket will become even tighter if the EU–Philippines Free Trade Agreement and the Regional Comprehensive Economic Partnership (RCEP) proceed.

Authors
Cecilia Olivet
Jaybee Garganera
Farah Sevilla
Joseph Purugganan