The Forum > General Discussion > TPP why is it good for Australia
TPP why is it good for Australia
- Pages:
-
- 1
- 2
- Page 3
- 4
- 5
- 6
- 7
- 8
-
- All
The National Forum | Donate | Your Account | On Line Opinion | Forum | Blogs | Polling | About |
Syndicate RSS/XML |
|
About Us :: Search :: Discuss :: Feedback :: Legals :: Privacy |
https://en.wikipedia.org/wiki/Trans-Pacific_Partnership#Contents
"Investor-state arbitration:
The TPP agreement establishes an investor-state dispute settlement (ISDS) mechanism, which grants investors the right to sue foreign governments for treaty violations. For example, if an investor invests in country "A", a member of a trade treaty, and country A breaches that treaty, then the investor may sue country A's government for the breach. ISDS is meant to provide investors in foreign countries basic protections from foreign government actions such as "freedom from discrimination", "protection against uncompensated expropriation of property", "protection against denial of justice" and "right to transfer capital":
Freedom from discrimination: An assurance that those doing business abroad will face a level playing field and will not be treated less favorably than local investors or competitors from other countries.
Protection against uncompensated seizure of property: An assurance that property of investors won’t be seized by the government without just compensation.
Protection against denial of justice: An assurance that investors will not be denied justice in criminal, civil, or administrative adjudicatory proceedings.
Right to transfer capital: An assurance that investors will be able to move capital relating to their investments freely, subject to safeguards to provide government flexibility, including to respond to financial crises and ensure the integrity and stability of the financial system.
ISDS cannot overturn local laws (unlike the World Trade Organization) which violate trade agreements, but can grant monetary damages to investors adversely affected by such laws. As pointed out by the Office of the United States Trade Representative, ISDS requires specific treaty violations, and does not allow corporations to sue solely over "lost profits".
The TPP specifically excludes tobacco industries from the ISDS process. The carve-out came as a response to concerns about ISDS cases against anti-smoking laws, including Philip Morris v. Uruguay. The exemption of tobacco from ISDS is a first for an international trade agreement."
Lefty,
That effectively knocks what you are saying into a cocked hat.