Case story

  • Germany

OECD NCP Germany - Greenpeace Germany vs. West LB

Ecuador 2003

This case story originates from BASESwiki.org, a platform based on wiki style contributions from a virtual network or individuals, companies and organizations with relevant expertise. Though some of the information may be outdated or inaccurate due to the wiki-nature of the BASESwiki platform, they still present a valuable resource. ACCESS is reviewing and updating all BASESwiki case stories. 

Story

This case concerned West LB’s financing of a pipeline in Ecuador. The Complaint alleged that the project sponsors had violated environmental and human rights, and were violating four World Bank criteria for the project.

The primary owner of the West LB was the regional state Nordrhein-Westfalen. There were a number of public hearings on the issue before it was filed as a Complaint. West LB stated that as precondition of their financing, the project must strictly follow the internationally accepted environmental standards of the World Bank.

Outcome

In October 2003, the German NCP rejected the case, citing the lack of an investment nexus. The NCP also argued that the OECD “Code of Liberalisation of Capital Movements” requires “investments which give the possibility of exercising an effective influence on the management thereof” in order for an investment nexus to exist. Greenpeace was considering asking for a formal clarification by the OECD Investment Committee about the eligibility of the Complaint.

References

OECD Watch case story page: http://oecdwatch.org/cases/Case_32

Contributor(s): This article was modified by Nicolaclayre (3), Kyle (2), 65.96.169.178 (1), and Ejfturnbull (1).