• Log InLog In
  • Register
Liquid`
Team Liquid Liquipedia
EDT 07:44
CEST 13:44
KST 20:44
  • Home
  • Forum
  • Calendar
  • Streams
  • Liquipedia
  • Features
  • Store
  • EPT
  • TL+
  • StarCraft 2
  • Brood War
  • Smash
  • Heroes
  • Counter-Strike
  • Overwatch
  • Liquibet
  • Fantasy StarCraft
  • TLPD
  • StarCraft 2
  • Brood War
  • Blogs
Forum Sidebar
Events/Features
News
Featured News
TL.net Map Contest #22 - Voting & Ladder Map Selection3Code S Season 2 (2026) - RO8 Preview5[ASL21] Finals Preview: Two Legacies21Code S Season 2 (2026) - RO12 Preview2herO wins GSL Code S Season 1 (2026)7
Community News
[BSL22] Non-Korean Championship from 13 to 28 June0Weekly Cups (May 25-31): Clem doubles, 2v2 circuit heads toward finale0StarCraft II 5.0.16 PTR Patch Notes may 26th150Weekly Cups (May 18-24): MaxPax wins doubles0Crank Gathers Season 4: BW vs SC2 Team League6
StarCraft 2
General
The Death of Cheese: From a Professional Cheeser TL.net Map Contest #22 - Voting & Ladder Map Selection My starcraft 2 changes StarCraft II 5.0.16 PTR Patch Notes may 26th Oliveira Would Have Returned If EWC Continued
Tourneys
Maestros of The Game 2 announcement and schedule ! Crank Gathers Season 4: BW vs SC2 Team League GSL Code S Season 2 (2026) Sparkling Tuna Cup - Weekly Open Tournament RSL Revival: Season 5 - Qualifiers and Main Event
Strategy
[G] Having the right mentality to improve
Custom Maps
[D]RTS in all its shapes and glory <3
External Content
The PondCast: SC2 News & Results Mutation # 528 Infection Detected Welcome to the External Content forum Mutation # 527 Hell Train
Brood War
General
Tesagi Viewer - A new era of replay watching FlaSh's ASL S21 Finals Review BGH Auto Balance -> http://bghmmr.eu/ 14k games analyzed: Cross Spawn Nexus first good? VPN experiences
Tourneys
[ASL21] Grand Finals [BSL22] Grand Finals - Sunday 21:00 CEST [Megathread] Daily Proleagues Escore Tournament StarCraft Season 2
Strategy
Why doesn't anyone use restoration? Any training maps people recommend? Muta micro map competition [G] Hydra ZvZ: An Introduction
Other Games
General Games
Path of Exile Stormgate/Frost Giant Megathread Warcraft III: The Frozen Throne Nintendo Switch Thread ZeroSpace Megathread
Dota 2
Official 'what is Dota anymore' discussion
League of Legends
Heroes of the Storm
Simple Questions, Simple Answers Heroes of the Storm 2.0
Hearthstone
Deck construction bug Heroes of StarCraft mini-set
TL Mafia
Vanilla Mini Mafia Mafia Game Mode Feedback/Ideas TL Mafia Community Thread Five o'clock TL Mafia
Community
General
US Politics Mega-thread Russo-Ukrainian War Thread How cold is too cold to be outdoors? Dating: How's your luck? Trading/Investing Thread
Fan Clubs
The herO Fan Club!
Media & Entertainment
Movie Discussion! [Manga] One Piece Anime Discussion Thread
Sports
2024 - 2026 Football Thread McBoner: A hockey love story TeamLiquid Health and Fitness Initiative For 2023 Formula 1 Discussion
World Cup 2022
Tech Support
Computer Build, Upgrade & Buying Resource Thread Facing Challenges in Mobile App Development
TL Community
The Automated Ban List
Blogs
Esportsmanship: How to NOT B…
TrAiDoS
Why RTS gamers make better f…
gosubay
ramps on octagon
StaticNine
ASL S21 English Commentary…
namkraft
StarCraft improvement
iopq
Customize Sidebar...

Website Feedback

Closed Threads



Active: 6802 users

European Politico-economics QA Mega-thread - Page 74

Forum Index > General Forum
Post a Reply
Prev 1 72 73 74 75 76 1425 Next
Although this thread does not function under the same strict guidelines as the USPMT, it is still a general practice on TL to provide a source with an explanation on why it is relevant and what purpose it adds to the discussion. Failure to do so will result in a mod action.
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-03-23 22:11:06
March 23 2015 22:09 GMT
#1461
There should be no "case of breach" between sovereign nations and companies, they former dictate the policies of a country,not the latter. The beloved free market can handle it, if you don't like the investment security of a country, don't invest. No reason to create some kind of parallel justice system that operates semi-private shielded from the public.

The Vattenfall case was later settled out of court, so they pretty much handed over tax payer money to a company without any actual legal justification whatsoever.
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
Last Edited: 2015-03-23 22:12:42
March 23 2015 22:11 GMT
#1462
well germany signed a treaty with conditions. if they breach the term of the treaty they should be liable, especially when the investor made decision relying on the treaty terms.


also, settlement doesn't mean a case was without legal justification.
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-03-23 22:18:53
March 23 2015 22:18 GMT
#1463
By "Germany signed a treaty with conditions " you mean, some politicians pushed this thing through the Bundestag during a soccer game when no one payed attention, because this is usually how these things are turned into legislation. Yet another reason why people aren't excited about the newest iteration.

And obviously settlements can be legal, but only if they happen within the actual public legal system, with appointed judges and codified public law. The judges of these arbitration courts are, if I'm correctly informed random private persons, there is no codified law, it's simply completely shady and not within the realm of how legal matters are supposed to be resolved here.
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
Last Edited: 2015-03-23 22:31:11
March 23 2015 22:22 GMT
#1464
what's exactly so horrible about creating an international system for adjudicating investor-state disputes? how is this undemocratic?

italicizing stuff doesn't make an argument. i don't know how civil law country works all that much but you guys should be even more reliant on judges and arbitration than common law places. your government passed this treaty, you can't go back on it just because.

from this background paper on the nucular plant case,

While the Energy Charter Treaty provides investment protection in a specific sector and Germany is bound by this treaty, it is not the only investment treaty that binds Germany. In fact, the first modern bilateral investment treaty was entered into between Germany and Pakistan in 1959. That treaty became the model for what is now over 3000 investment treaties concluded around the globe. Germany’s 1959 investment treaty did not have one important feature, however: It did not give the foreign investor the right to directly sue the state hosting the investment. The more recent treaties, including the Energy Charter Treaty, typically allow for private parties (investors) to directly initiate arbitration with host states, using what is known as an investor-state dispute mechanism. This procedure contrasts with the process for trade law disputes, for example in the WTO, which are strictly state-to-state.
Today, Germany has over 130 bilateral investment treaties, making it the country with the largest number of such treaties in the world. Since the older German bilateral agreements do not provide investors the right to sue, Germany is in process of re-negotiating its older investment treaties to incorporate this right.


seems like it's a situation of improved legal protection.

http://www.iisd.org/pdf/2009/background_vattenfall_vs_germany.pdf

* This paper was commissioned by Greenpeace Germany
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Paljas
Profile Joined October 2011
Germany6926 Posts
Last Edited: 2015-03-23 22:25:56
March 23 2015 22:22 GMT
#1465
what if they had a good case? the nuke company has rights too.

then they could go to a real court.

the TTIP debate sadly has been dominated by fear mongering about chlor chickens, which is the reason why real issues like the arbitration court and the lack of transparency and others were somewhat ignored

what's exactly so horrible about creating an international system for adjudicating investor-state disputes? how is this undemocratic?

the idea is not horrible, the implementation is
TL+ Member
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
Last Edited: 2015-03-23 22:30:05
March 23 2015 22:28 GMT
#1466
are you unfamiliar with arbitration or administrative courts? not that they necessarily need to go to some sort of international institution, but in a dispute between a foreign investor and a state, international arbitration court seems like an acceptable arrangement because of the jurisdiction problem with using international treaty in a domestic court.
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Nyxisto
Profile Joined August 2010
Germany6287 Posts
March 23 2015 22:32 GMT
#1467
Yeah, then make a transparent proposal and let the European public vote on it. But I will guarantee you if it includes the right of corporation to sue sovereign governments because of their policy-making the public reaction will be very one-sided, and not in a way that investors will like.
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
March 23 2015 22:35 GMT
#1468
you can't go to direct democracy on every which issue, especially when it seems that the issue is being distorted by whatever activist group working on it.
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Paljas
Profile Joined October 2011
Germany6926 Posts
Last Edited: 2015-03-23 22:37:21
March 23 2015 22:36 GMT
#1469
On March 24 2015 07:28 oneofthem wrote:
are you unfamiliar with arbitration or administrative courts? not that they necessarily need to go to some sort of international institution, but in a dispute between a foreign investor and a state, international arbitration court seems like an acceptable arrangement because of the jurisdiction problem with using international treaty in a domestic court.

like i said, i dont dispute the idea, but the implementation

e: ok, i somewhat also dispute the idea, but mostly the current implementation
TL+ Member
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
Last Edited: 2015-03-23 22:40:37
March 23 2015 22:37 GMT
#1470
the part of the implementation you challenge seems to be the very existence of arbitration courts using international treaty rather than domestic law.

you guys can repeal the treaty or something but when a foreign investor is acting with reliance on that treaty it seems unfair to go back on it without some compensation.
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-03-23 22:41:55
March 23 2015 22:40 GMT
#1471
The whole idea is ridiculous because effectively it boils down to foreign corporations "punishing" countries for not enacting the policies they'd like to see. Until now in Europe the general consensus was that a "primacy of politics" exists. Not foreign corporations write our law, elected representatives do.
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
March 23 2015 22:43 GMT
#1472
uh how did foreign corporations write the law? did they act as parties to the treaty?
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Paljas
Profile Joined October 2011
Germany6926 Posts
Last Edited: 2015-03-23 22:46:21
March 23 2015 22:46 GMT
#1473
On March 24 2015 07:37 oneofthem wrote:
the part of the implementation you challenge seems to be the very existence of arbitration courts using international treaty rather than domestic law.

no, what makes you believe that?
the part of the implementation i challenge are mainly the lack of transparency, the little amount of people involved (3), the small pool of people which are usually involved, the impossibility of a revision and the recent history of pro comapny decisions and the abuse of the intention of its original implementation.
TL+ Member
Paljas
Profile Joined October 2011
Germany6926 Posts
March 23 2015 22:47 GMT
#1474
On March 24 2015 07:43 oneofthem wrote:
uh how did foreign corporations write the law? did they act as parties to the treaty?

they act as a lobby which influences the treaty
TL+ Member
Nyxisto
Profile Joined August 2010
Germany6287 Posts
March 23 2015 22:49 GMT
#1475
They indirectly influence decision-making as the Vattenfall case shows quite clearly. If foreign companies are able to sue countries for billions of dollars politicians will think twice if they can pursue the policies the public wants them too, if they happen to be in conflict with the interests of investors.

I don't even think there is need for these kind of courts, as I said before, if a company thinks that investment security is too low here, bon voyage go and invest somewhere else.

A viable alternative would be to create some kind of European trade court, with appointed judges, transparent law and have the public or at least the representatives vote on it. That's usually how it works if new institutions are created.
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
Last Edited: 2015-03-23 23:02:04
March 23 2015 22:53 GMT
#1476
On March 24 2015 07:46 Paljas wrote:
Show nested quote +
On March 24 2015 07:37 oneofthem wrote:
the part of the implementation you challenge seems to be the very existence of arbitration courts using international treaty rather than domestic law.

no, what makes you believe that?
the part of the implementation i challenge are mainly the lack of transparency, the little amount of people involved (3), the small pool of people which are usually involved, the impossibility of a revision and the recent history of pro comapny decisions and the abuse of the intention of its original implementation.

arbitration is normally a private process and this facilitates dealmaking. some of the evidence can be sensitive trade secrets and i really don't see a legitimate public interest reason to make this public.

the case law governing economic treaty does seem to be pro-investor, but not every investor is some big company. again, international treaties and international law in general are not undemocratic, state sovereigns are simply not given the usual degree of privilege and immunity as they have in domestic courts, and this is a result of treaty obligations.

your idea of transparent law seems to be very subjectively dependent on political whims. that's not how your domestic court works, so why expect it of an international institution?

also this,


I don't even think there is need for these kind of courts, as I said before, if a company thinks that investment security is too low here, bon voyage go and invest somewhere else.
repeal the treaty and they'll go elsewhere, but in the meantime you can't just ignore the treaty.
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-03-23 23:04:27
March 23 2015 23:03 GMT
#1477
"international treaties and international law in general are not undemocratic, state sovereigns are simply not given the usual degree of privilege and immunity as they have in domestic courts, and this is a result of treaty obligations. "

..which is pretty much the definition of 'less democratic', but with more words

repeal the treaty and they'll go elsewhere, but in the meantime you can't just ignore the treaty.


Yeah, I'm not disagreeing, but we shouldn't make the same mistake and sign any more of these treaties, because with a country the size of the US we're going to have this crap every second week
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
March 23 2015 23:05 GMT
#1478
eh, sovereign immunity is pretty much undemocratic. in comparison this international treaty would give more rights and protection to a class of investors that may not be protected.
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-03-23 23:08:55
March 23 2015 23:06 GMT
#1479
oh yes, the poor international investors, what a shame they don't have more rights! I'm beginning to think we might have different definitions of democracy
Paljas
Profile Joined October 2011
Germany6926 Posts
March 23 2015 23:07 GMT
#1480
arbitrary is normally a private process and this facilitates dealmaking. some of the evidence can be sensitive trade secrets and i really don't see a legitimate public interest reason to make this public.

it depends on the case, but there certainly can exist a legitimate public interest to make it public/more transparent.
the parties involved are not just to private agents, but also the state, aka the representative of the public.

again, international treaties and international law in general are not undemocratic

i never disputed that. in fact, i am a big friend of international law and treaties in certain cases.

TL+ Member
Prev 1 72 73 74 75 76 1425 Next
Please log in or register to reply.
Live Events Refresh
Replay Cast
09:00
KungFu Cup 2026 Week 9
LiquipediaDiscussion
[ Submit Event ]
Live Streams
Refresh
StarCraft 2
Livibee 101
ProTech70
StarCraft: Brood War
Britney 24724
Calm 9888
Horang2 509
Jaedong 426
Hyuk 414
Shuttle 389
actioN 356
BeSt 285
EffOrt 262
Mini 181
[ Show more ]
Soulkey 109
ggaemo 99
Rush 89
ZerO 88
Pusan 83
Liquid`Ret 73
scan(afreeca) 69
Hyun 45
Mind 38
Aegong 35
Free 35
Mong 28
Backho 28
JulyZerg 27
[sc1f]eonzerg 26
Sacsri 22
Sea.KH 22
Sharp 21
sSak 20
yabsab 19
Noble 17
Bale 14
JYJ 13
HiyA 10
Shine 10
Dota 2
Gorgc4187
XcaliburYe88
League of Legends
JimRising 379
Counter-Strike
olofmeister2267
kRYSTAL_43
Super Smash Bros
Mew2King56
Other Games
singsing1710
B2W.Neo806
byalli630
Lowko418
crisheroes282
Hui .198
Sick151
ZerO(Twitch)10
Organizations
StarCraft 2
Blizzard YouTube
StarCraft: Brood War
BSLTrovo
[ Show 13 non-featured ]
StarCraft 2
• AfreecaTV YouTube
• intothetv
• Kozan
• IndyKCrew
• LaughNgamezSOOP
• Migwel
• sooper7s
StarCraft: Brood War
• BSLYoutube
• STPLYoutube
• ZZZeroYoutube
League of Legends
• Nemesis3624
• Jankos2857
Other Games
• WagamamaTV133
Upcoming Events
uThermal 2v2 Circuit
3h 16m
Maestros of the Game
3h 46m
Clem vs Lambo
Zoun vs SKillous
Replay Cast
12h 16m
Replay Cast
21h 16m
Solar vs Classic
uThermal 2v2 Circuit
1d 3h
Grudge Match
1d 4h
FlaShFTW vs A.Alm
OSC
1d 9h
GSL
1d 20h
herO vs Rogue
Maru vs Cure
Patches Events
2 days
uThermal 2v2 Circuit
2 days
[ Show More ]
BSL
2 days
OSC
2 days
Monday Night Weeklies
3 days
Replay Cast
3 days
Sparkling Tuna Cup
3 days
Replay Cast
4 days
Kung Fu Cup
4 days
Maestros of the Game
5 days
Replay Cast
5 days
The PondCast
5 days
Replay Cast
6 days
Liquipedia Results

Completed

KK 2v2 League Season 1
RSL Revival: Season 5
Heroes Pulsing #1

Ongoing

BSL Season 22
IPSL Spring 2026
KCM Race Survival 2026 Season 2
Acropolis #4
CSCL: Masked Kings S4
YSL S3
SCTL 2026 Spring
WardiTV Spring 2026
Maestros of the Game 2
uThermal 2v2 2026 Main Event
2026 GSL S2
Murky Cup 2026
IEM Cologne Major 2026
Stake Ranked Episode 2
CS Asia Championships 2026
Asian Champions League 2026
IEM Atlanta 2026
PGL Astana 2026
BLAST Rivals Spring 2026
IEM Rio 2026
PGL Bucharest 2026
Stake Ranked Episode 1
BLAST Open Spring 2026

Upcoming

BSL 22 Non-Korean Championship
CSLAN 4
Blizzard Classic Cup 2026
Kung Fu Cup 2026 Grand Finals
CranK Gathers Season 4: BW vs SC2 Team League
HSC XXIX
Heroes Pulsing #3
Heroes Pulsing #2
Esports World Cup 2026
BLAST Bounty Summer 2026
BLAST Bounty Summer Qual
Stake Ranked Episode 3
XSE Pro League 2026
TLPD

1. ByuN
2. TY
3. Dark
4. Solar
5. Stats
6. Nerchio
7. sOs
8. soO
9. INnoVation
10. Elazer
1. Rain
2. Flash
3. EffOrt
4. Last
5. Bisu
6. Soulkey
7. Mini
8. Sharp
Sidebar Settings...

Advertising | Privacy Policy | Terms Of Use | Contact Us

Original banner artwork: Jim Warren
The contents of this webpage are copyright © 2026 TLnet. All Rights Reserved.