17 Jun '14 00:10>
I've only skim read this and apart from the comedy entries I posted above I can only find a few really problematic clauses. For example, they need to think about the wording of the second paragraph here, I've quoted the first paragraph so you understand the context and highlighted the bit in the second paragraph I think is stupid:
What do they mean by "made without delay", they already specified one has to pay interest, so they assume there will be a delay and then insist there can't be one.
The last section concerns exceptions:
The document does not mention genetically modified organisms. Also (b) would allow one to rule out planting GM crops to protect non-GM crops and wild species from cross-pollination.
I don't see the big problem. The devil tends to be in the detail so maybe there's clever little catches my non-legally trained mind didn't spot. Largely the requirements seem to be that if one restricts a foreign signatories companies one has to restrict ones own enterprises as well. Since every state who is a signatory (AFAIK) does all this anyway I don't see the point of the agreement. It looks to me like Obama wants an international agreement so he can point to an international agreement.
Article 14:ExpropriationThis is daft, if the reason for the nationalization is impending bankruptcy and the market doesn't know about the problem then the actual value of the concern could be zero and the market price a few billion. If the service being provided is vital then a national government shouldn't have to wait around for things to go belly up before nationalizing.
1. Neither Party shall directly or indirectly nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as 'expropriation' ) the investments of investors of the other Party except:
(a) for a public purpose;
(b) under due process of law;
(c) on a non-discriminatory basis; and
(d) against payment of prompt, adequate and effective compensation.
For greater certainty, this paragraph shall be interpreted in accordance with Annex X on Expropriation.
2. Such compensation shall amount to the fair market value of the investment at the time immediately before the expropriation or the impending expropriation became public knowledge plus interest at a commercial rate established on a market basis, from the date of expropriation until the date of payment. Such compensation shall be effectively realisable, freely transferable in accordance with Article Y.10 (Transfers) and made without delay.
What do they mean by "made without delay", they already specified one has to pay interest, so they assume there will be a delay and then insist there can't be one.
The last section concerns exceptions:
2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Title shall be construed to prevent the adoption or enforcement by any Party of measures:So there is no reason to change health and safety laws and it does not give concerns a green light to run roughshod over sites of special scientific interest and so forth.
(a) necessary to protect public security or public morals or to maintain public order;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic investors or on the domestic supply or consumption of services;
(d) necessary for the protection of national treasures of artistic, historic or archaeological value;
(e) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Title including those relating to:
(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;
(iii) safety;
(f) inconsistent with Articles 4 and 22 (on National Treatment), provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, entrepreneurs or services suppliers of the other Party.
The document does not mention genetically modified organisms. Also (b) would allow one to rule out planting GM crops to protect non-GM crops and wild species from cross-pollination.
I don't see the big problem. The devil tends to be in the detail so maybe there's clever little catches my non-legally trained mind didn't spot. Largely the requirements seem to be that if one restricts a foreign signatories companies one has to restrict ones own enterprises as well. Since every state who is a signatory (AFAIK) does all this anyway I don't see the point of the agreement. It looks to me like Obama wants an international agreement so he can point to an international agreement.