The purpose of this report is to understand this avalanche of arbitration claims against Honduras in the post-coup political, social and economic context, to examine the legal mechanisms that make possible this assault on the democracy and dignity of the Honduran people, and to consider the challenge of undoing the tentacles of narco-dictatorship and neoliberalism. [...] The contracts, investment commitments or the nature of the projects that are the subject of the lawsuits did not follow due process because either the creation of the legal framework, or the contracts for each party, did not follow the law. [...] The long Honduran night: Resistance, terror, and the role of the United States in the aftermath of the coup. [...] Between 2010 and 2012 Honduras became one of the most dangerous countries in the world for its homicide rate, and was named by the UK organization Global Witness as one of the most dangerous countries in the world to be an environmentalist.10 Part of the danger was due to the high levels of impunity that had characterized Honduras for decades, but the actions of the security forces against social. [...] The same law mentions the need to encourage investments in renewable energies given the interest and financial contributions of multilateral and bilateral organizations such as the Export-Import Bank of the United States, the International Finance Corporation (IFC) of the World Bank and the FMO bank of Holland, among others.35 35 Amendments to the Law for the Promotion of Electric Energy Generatio.
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Table of Contents
- The Corporate Assault on Honduras 2
- Index 4
- Executive Summary 4
- Introduction 4
- 1. Methodology and framework for analyzing mafia-style investments 4
- 2. Deepening of neoliberalism and emergence of the narco-state 4
- 3. Extraordinary privileges for investors Four legal instruments used against the Honduran people 4
- 4. Supranational arbitration claims and mafia-style investments in Honduras 4
- 5. Exiting from the transnational investment protection system 6
- Table Investor-state arbitration claims against Honduras 6
- List of acronyms 6
- Executive Summary 7
- Introduction 9
- 1. Methodology and framework for analyzing mafia-style investments 12
- 1.1. Sources for data collection 12
- 1.2. Conceptual framework 12
- 2. Deepening of neoliberalism and emergence of the narco-State 14
- 2.1 Construction and deepening of neoliberalism 14
- 1984 15
- 2024 15
- Protest against the coup détat Source Jen Moore 18
- Demonstration during hearing against JOH in New York Source Karen Spring 22
- 2.2. Changes following the coup détat 23
- 2.2.3. Reforms to facilitate ZEDEs 2012 to 2013 31
- 3. Extraordinary privileges for investors four legal instruments against the people. 38
- 3.1. Investor-State Dispute Settlement Mechanism ISDS 41
- 3.1.2.2. Resistance to CAFTA-DR 48
- 4. Supranational arbitration claims and Mafia-style investments 55
- 4.1. Legal basis countries of origin and economic sectors of the claims 55
- 4.2. The early claims 60
- 4.3. Mafia-style investments and post-coup demands 64
- Narco-State 67
- 4.4 The chilling effect in evidence 110
- Justice for Berta. COPINH Source Karen Spring 112
- San Andrés Mine Copán Source Karen Spring 114
- 4.5 Conclusions concerning the mafia-style corporate claims 117
- 5. Exits from the transnational investment protection system 122
- 5.1. Successful system review strategies 122
- 5.2 Recommendations for a sovereign future without ISDS 127
- Investor-state arbitration claims against Honduras 130
- Treaty-based claims 130
- Claims based in contracts and the Investment Law of 2011 131
- List of acronyms 133
