The Hidden Costs of RCEP and Corporate Trade Deals in Asia

The briefing argues that ISDS mechanisms in trade deals like RCEP undermine the right of Asian governments to regulate in the public interest by allowing foreign investors to sue states in private tribunals. It highlights that 50 known cases against 11 RCEP countries have resulted in claims totaling at least 31 billion USD, with 67% of resolved cases favoring investors. The document warns that RCEP could 'lock in' these dangerous provisions, making them harder to reform than bilateral treaties.

• Since 1994, 50 investment arbitration cases have been filed against 11 RCEP countries, with over 50% of these occurring after 2010. India is the most targeted, accounting for 40% of these cases.
• Foreign investors have claimed at least 31 billion USD from RCEP countries, a sum that exceeds India's 2015 health budget by 7 billion USD. Approximately 81% of these claims are concentrated in four countries: India, South Korea, Australia, and Vietnam.
• Investors have a high success rate in disputes against RCEP countries; 67% of resolved cases resulted in a win for the investor, either through a tribunal award or a settlement.
• A significant portion of ISDS cases target environmentally relevant sectors, accounting for 36% of the cases filed against RCEP countries.
• European-based investors are the primary initiators of these lawsuits, representing 68% of the cases filed against RCEP countries.
• RCEP countries have signed 831 international investment agreements (IIAs), with 676 currently in force. While 87% of existing bilateral investment treaties (BITs) could potentially be terminated, the briefing argues that investment protection chapters in Free Trade Agreements (FTAs) are harder to remove because the entire treaty must be terminated.

APA

Olivet, C., Moore, K., Cossar-Gilbert, S., & Cingotti, N. (2016). The Hidden Costs of RCEP and Corporate Trade Deals in Asia. Friends of the Earth International. https://www.foei.org/wp-content/uploads/2021/05/The-hidden-costs-of-RCEP-and-corporate-trade-deals-in-Asia-FoEI.pdf

Chicago

Olivet, Cecilia, Kat Moore, Sam Cossar-Gilbert, and Natacha Cingotti. The Hidden Costs of RCEP and Corporate Trade Deals in Asia. Friends of the Earth International, 2016. https://www.foei.org/wp-content/uploads/2021/05/The-hidden-costs-of-RCEP-and-corporate-trade-deals-in-Asia-FoEI.pdf.

Wikipedia

{{cite report |last1=Olivet |first1=Cecilia |last2=Moore |first2=Kat |last3=Cossar-Gilbert |first3=Sam |last4=Cingotti |first4=Natacha |title=The Hidden Costs of RCEP and Corporate Trade Deals in Asia |publisher=Friends of the Earth International |date=December 2016 |url=https://www.foei.org/wp-content/uploads/2021/05/The-hidden-costs-of-RCEP-and-corporate-trade-deals-in-Asia-FoEI.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{olivet2016hidden, author = {Olivet, Cecilia and Moore, Kat and Cossar-Gilbert, Sam and Cingotti, Natacha}, title = {{The Hidden Costs of RCEP and Corporate Trade Deals in Asia}}, institution = {Friends of the Earth International}, year = {2016}, month = dec, url = {https://www.foei.org/wp-content/uploads/2021/05/The-hidden-costs-of-RCEP-and-corporate-trade-deals-in-Asia-FoEI.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }