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Tribunal dismisses $56.1 million claim against Ecuador January 10 2013
Submitted by Janet Eaton on Thu, 2013-01-10 17:12International Law Office.
Introduction
A United Nations Commission on International Trade Law (UNCITRAL) arbitration tribunal has rejected a $56.1 million claim against the Republic of Ecuador under the US-Ecuador Bilateral Investment Treaty. The tribunal ordered the claimant to pay $2 million in legal costs to the respondent. The underlying dispute arose within the framework of a licence for the generation of power which had been granted to the investor by a domestic regulatory agency. The tribunal found that the actions adopted by the agency during the performance of the agreement were not attributable to the state under international law because they lacked "governmental nature". The tribunal also rejected the investor's other claims, including expropriation and breach of fair and equitable treatment.
Background... Read more »
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The Canada-China investment treaty sleight of hand : Beware Canadians
Submitted by Janet Eaton on Thu, 2013-01-10 17:01Howard Mann, Published: Wednesday, 01/09/2013 12:00 am EST
Since 2005, Canada has prided itself on selling an advanced model of investment
treaty to developing countries-one that, it has argued, protects their regulatory space
while still protecting investors.
Indeed, at a UN-sponsored meeting in 2009, Canada carefully explained how its new
model both protected investors and protected governments regulatory and policy
space.
The Canada-China Investment Treaty ends this model, and Canada's negotiating
partners should beware, as should Canadians.
On Jan. 1, 1994, the North American Free Trade Agreement came into force. Its
language was of its time, and it has spawned some 33 international arbitrations
against Canada. And this number continues to grow, including one initiated last
month over Quebec's decision to suspend natural gas fracking pending further... Read more »
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Perimeter Accord) First Annual progress reports available http://www.actionplan.gc.ca
Submitted by Janet Eaton on Thu, 2013-01-10 16:50Prime Minister Stephen Harper and Barack Obama, President of the United States, today welcomed the release of the first annual Beyond the Border Action Plan Implementation Report and the Canada-United States Regulatory Cooperation Council (RCC) Joint Action Plan Progress Report, which demonstrate progress made by Canada and the United Stateson perimeter security and economic competitiveness.
"Today's reports demonstrate real and substantive progress on improving the management of our shared border and improving regulatory cooperation, both of which will improve the flow of people and goods between our countries," said the Prime Minister. "The Beyond the Border and the Regulatory Cooperation Council Action Plans are laying the foundation for more jobs and growth in Canada and the United States by making it easier for firms in both countries to do business."... Read more »
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Investor State: Brewing Storm over ISDR Clouds Trans-Pacific Partnership Talks - Part I
Submitted by Janet Eaton on Thu, 2013-01-10 16:42By Lori Wallach, Public Citizen. Trans-Pacific Partnership (TPP) negotiations have become the
territory where a brewing perfect storm over investor-state dispute resolution (ISDR) is making landfall. The June 2012 leak of the draft TPP Investment Chapter text added energy, but much more is fueling this tempest.
In general the ISDR system is coming under increased scrutiny. Public and policymaker concerns in numerous countries have been building alongside awareness of the regime and its implications as large ISDR awards in challenges against common public interest policies increase.
U.S. government insistence that the TPP include an expansive ISDR system is having a boomerang effect. And I am not mainly referring to Australia's announcement that it will not submit to ISDR in the TPP given the Australian Productivity Commission's 2010 conclusion that ISDR is not in the national interest.
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Potential Canada-EU trade deal raises alarms for Atlantic fishery: report
Submitted by Janet Eaton on Thu, 2013-01-10 16:32The Canadian Press,Posted: Jan 9, 2013. Canada's potential free trade deal with Europe should raise alarms that open access to lucrative seafood markets will come at the expense of protections for Atlantic fishery jobs, says a new report.
"At stake is the ability of Canadians to pursue public policies that curb domination of the fisheries by large corporations," says the study released Wednesday by the left-leaning Canadian Centre for Policy Alternatives.
"My biggest concern is that Canadian governments and citizens, particularly provincial governments, will lose their ability to regulate the fishery to maximize local benefits," author Scott Sinclair said in an interview.
His study, "Globalization, Trade Treaties and the Future of the Atlantic Canadian Fisheries," includes details reportedly leaked from ongoing closed-door Canada-EU trade talks.... Read more »
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