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Mon Aug 29, 2016, 02:07 PM

 

NAFTA's Chapter 11 Makes Canada Most-Sued Country Under Free Trade Tribunals

Source: Huffington Post

"Canada is the most-sued country under the North American Free Trade Agreement and a majority of the disputes involve investors challenging the country’s environmental laws, according to a new study.

The study from the left-leaning Canadian Centre for Policy Alternatives (CCPA) found that more than 70 per cent of claims since 2005 have been brought against Canada, and the number of challenges under a controversial settlement clause is rising sharply.

The investor-state dispute settlement mechanism contained in NAFTA’s chapter 11 grants investors the right to sue foreign governments without first pursuing legal action in the country’s court systems, in order to protect foreign investors from discrimination. Drafters of the 1994 treaty included the provision to protect U.S. and Canadian investors against corruption in Mexican courts.


Critics argue that the mechanism limits governments from enacting policies on legitimate public concerns such as the environment and labour or human rights, and that negotiations are often carried out in secret."

Read more: http://www.huffingtonpost.ca/2015/01/14/canada-sued-investor-state-dispute-ccpa_n_6471460.html



Beware all trade agreements!!

9 replies, 1785 views

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Reply NAFTA's Chapter 11 Makes Canada Most-Sued Country Under Free Trade Tribunals (Original post)
billpolonsky Aug 2016 OP
FairWinds Aug 2016 #1
Agnosticsherbet Aug 2016 #2
grahamhgreen Aug 2016 #3
awoke_in_2003 Aug 2016 #4
Recursion Aug 2016 #5
Helen Borg Aug 2016 #6
Recursion Aug 2016 #7
pampango Aug 2016 #8
LiberalLovinLug Aug 2016 #9

Response to billpolonsky (Original post)

Mon Aug 29, 2016, 02:23 PM

1. Thanks for sharing that . .

 

and the so-called "Free Trade" protections for labor
rights are also no more than a sick joke.

Ask the Guatemalans.

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Response to billpolonsky (Original post)

Mon Aug 29, 2016, 02:59 PM

2. NAFTA - Chapter 11 - Investment Cases Filed Against the Government of Canada

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Response to billpolonsky (Original post)

Mon Aug 29, 2016, 04:34 PM

3. "the right to sue foreign governments without first pursuing legal action in the country’s courts"

 

What a load of horsheit

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Response to billpolonsky (Original post)

Mon Aug 29, 2016, 04:46 PM

4. This is the big fat turd

 

in all "free" trade agreements

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Response to billpolonsky (Original post)

Mon Aug 29, 2016, 04:46 PM

5. How often do they win? (nt)

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Response to Recursion (Reply #5)

Mon Aug 29, 2016, 04:49 PM

6. Curious about that too!

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Response to Helen Borg (Reply #6)

Mon Aug 29, 2016, 04:51 PM

7. (Full disclosure: I'm not) (nt)

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Response to billpolonsky (Original post)

Mon Aug 29, 2016, 05:35 PM

8. The idea of neutral arbitration bodies in trade agreements was pioneered by FDR. The important

issue is not their existence but the way they are structured and the nature of the rules they are meant to enforce. ISDS is fine if it has fair rules to enforce and a fair process of decision-making.

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Response to billpolonsky (Original post)

Tue Aug 30, 2016, 01:42 AM

9. The bitter irony of this is that trade in and of itself is a good and necessary thing

 

It reduces reasons why nations go to war with each other.

All they had/have to do is include labour and environmental standards, or simply give those areas an exemption for suing. Invite leaders and experts in those areas to participate and keep the whole negotiation exercise in the public eye. I really really really wish Obama had put his foot down on those issues being better represented before he jumped in with both feet.

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