Sunday, December 23, 2012

FIPA like treaties with investor-state arbitration miss-lead the public into believing their government is able to exercise sovereign powers.

FIPA is particularly harmful because it denies public access to arbitration case decisions miss-leading the public into believing their government is able to exercise sovereign powers.

Harper's trade mission to India failed in part because FIPA like treaties with investor-state arbitration have hurt India in the past.

Also FIPA treaties are NOT required for trade "Brazil has not ratified a single investment treaty yet its foreign direct investment in 2011 stood at a record $66.7 billion."

India is not alone in questioning investor-state arbitration. South Africa recently declined to renew an investment treaty with Belgium and Luxembourg, and other such treaties are up for non-renewal or cancellation by South Africa. According to a review by the South African government, the treaties “pose risks and limitations on the ability of the government to pursue its constitutional-based transformation agenda”. The review was conducted after individual Italian investors with investments in South Africa’s mining industry brought investor-state arbitration claims against South Africa’s post-apartheid Black Economic Empowerment legislation. In Latin America, several countries have taken steps to limit their exposure to investor-state arbitration. Economic powerhouse Brazil has not ratified a single investment treaty yet its foreign direct investment in 2011 stood at a record $66.7 billion.

Developed countries have also reviewed the impact of investment treaties. In 2011, Australia decided not to include investor-state arbitration in future trade agreements. This decision was made in light of the ongoing threats by U.S. tobacco giant Philip Morris that it would sue the Australian government under an investment treaty for requiring warnings and plain packaging of cigarettes. Phillip Morris has since sued the Australian government under the Australia-Hong Kong investment treaty. Similarly, Philip Morris brought an arbitration claim against Uruguay, under a Switzerland-Uruguay investment treaty, after Uruguay required cigarette health warnings. Public interest groups have argued that investment treaties put pressures on government NOT to introduce environmental and health regulation.

Under FIPA, provincial, regional and municipal governments will be on the hook for payouts without having been party to the creation of this act. Where will the money come from?

Foreign national companies only need threaten. Provincial, Regional and Municipal governments without the resources to fight or chance payouts will block, retract environmental and health regulations protecting the health of Canada and its people. 

http://www.troymedia.com/2012/12/17/stephen-harper-left-india-with-no-fipa-heres-why/

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