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Vattenfall is reportedly suing Germany over closure of nuclear plants in the wake of the Fukushima nuclear disaster

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4 November 2011

Legal weapon that gives corporations the edge on governments

Author: Bibi van der Zee, Guardian [UK]

The investor state dispute mechanism (ISDM) is...being used by Philip Morris to sue the Australian government over its plans to discourage smoking...There is growing concern among legal experts and the countries hit by these legal cases that the investment regime, made up of a patchwork of bilateral investment treaties and multilateral agreements, favours corporations over the public interest, puts sovereignty at stake, is chronically lacking in transparency and accountability and has been mis-sold to many developing countries that only realise exactly what they have signed up for when they get sued...Stories are rife of developing countries that have signed bilateral investment treaties (BITs) containing the ISDM with no idea of the potential legal implications, though most cases are brought by corporations in the developed world against governments in the developing world. [refers to Enron Creditors, Total, Mobil, Shell, Dow Chemical, Chevron, Siemens, Cargill, Société Générale de Surveillance]

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3 November 2011

Vattenfall suing Germany over nuke phaseout

Author: The Local [Sweden]

Sweden's state-owned energy giant Vattenfall is planning to take the German government to the Washington-based International Centre for Settlement of Investment Disputes over the closure of its nuclear power plants...Vattenfall did not comment on the report, though it said it was expecting “compensation for the phase out from nuclear energy.”...[R]eactors were shut down permanently earlier this year after Angela Merkel’s government performed a dramatic U-turn in its energy policy in the wake of the Fukushima nuclear disaster in Japan.

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