Sociedad Civil Transnacional y Derecho Internacional Comercial y de Inversiones

Abstract

Chapter 8 offers an account of the role of civil society in international trade and investment agreements, which has increased in both quantity and quality. The increasing number of areas covered by “new generation agreements” have led to the popular rejection of these agreements, a rejection mainly promoted by social movements and groups. As such, negotiating parties have reacted by approaching civil society in order to incorporate civil society’s requests, either in real or rhetorical ways, within international trade and investment agreements. The negotiation of agreements such as NAFTA, TTIP, and CETA shows that the most significant role of civil society has been the organization of strategies to resist these agreements. But there are other interactions that emerge – from consultations during negotiations to the use of dispute settlement mechanisms in these agreements. The chapter addresses the interaction of civil society from 1980s up to date, focusing on cases related to Latin America, as well as the most recent experiences of the interrelation between European social movements and international trade and investment agreements promoted by the European Union. The author argues that there is a global character in social movements, which is reflected in the transcontinental influence between the movements that organize in Latin America and Europe. The similarities in discourse and strategies between resistance campaigns against international and investment agreements in Latin America and Europe, and the cross-participation of actors, enables a permanent transcontinental learning experience. Guamán submits that the complex relationship between civil society and international trade and investment agreements evidences a relationship of resistance and accommodation. As such, demonstrations against these agreements are used in conjunction with mechanisms established by negotiating parties. Whilst these mechanisms are created to reduce social demonstrations against agreements, and to increase their legitimacy, the introduction of these mechanisms is insufficient to provide an adequate settlement of civil society requests. However, as the cases of Ecuador and Peru demonstrate, the mechanisms incorporated into trade and investment agreements can serve to create transnational links, as well as to denounce breaches of social laws along with those related to human rights generally