65 Michel Pimbert Photo: Michel Pimbert 52 Box 5. International Investment Agreements boost corporate power Farmer exchange for mutual learning among representatives of indigenous and peasant federations from Peru, Indonesia, India and Iran meeting in a village in South India. embedding power-equalising research in local organisations and the federations they form usually better ensures that: • the right questions are asked from the communities’ point of view; • there is more shared ownership over the research process and its outcomes; and • that the capacities and assets of local organisations are enhanced (human, social, natural, physical, financial assets). These are important safeguards for truly participatory research. New energy and creativity are often released when different federations and networks of local organisations learn to better communicate and work together in producing knowledge for positive change and equity. Many such federations of the rural and urban poor are well placed to promote non-state-led forms of deliberative democracy aimed at making local, national and global institutions accountable to citizens – particularly those most excluded from decision-making. Indeed, federations of local organisations increasingly seek to have a greater say in the governance of environment and development – including R&D. In so doing, they challenge liberal understandings in which citizenship is viewed as a set of rights and responsibilities granted by the State. Instead, citizenship in the context of locally determined development is claimed, and International Investment Agreements (IIAs) such as the Bilateral Investment Treaties (BITs) and investment chapters in the Free Trade Agreements (FTAs) give transnational corporations (TNCs) extraordinary rights without binding obligations. They allow TNCs to bypass local and national laws and courts. If public policy is against their interests, TNCs can sue sovereign States for millions of dollars before private international arbitral tribunals associated with the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) and others. It is noteworthy that there is no similar international tribunal where governments or citizens can bring TNCs to justice when their activities violate social, labour, human and environmental rights or when they act in breach of public policy requirements. This has led to calls for an alternative international investment framework that is based on democratic principles and prioritises public interests over private profits. See: http://tinyurl.com/AlternateIM Full URL: http://justinvestment.org/2011/11/callfor-an-alternative-investment-model/ rights are realised, through the agency and actions of people themselves. Legal redress as safeguard against abuses Power-equalising research on biodiversity, rights and culture is increasingly taking place in a context in which transnational corporations (TNCs) and investors are engaging in international arbitration to protect their rights as investors. For the first time in international law, large corporations are being given the right to sue governments. This trend is greatly facilitated by new International Investment Agreements (Box 5). Indigenous and local communities engaged in co-enquiry need to develop safeguards against such abuses of power and must be able to seek legal redress when their rights are violated. But the ability of victims of corporate and State power to enforce their right to food and other rights (e.g. equitable ABS for indigenous knowledge on seeds and medicinal plants) has

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