[Advisors] FW: [governance] CETA threatens Internet, health and democracy

[michael gurstein]

This looks like the Harper government is in the process of negotiating =
away Canadian sovereignty to more international corporations including =
in areas where Canada may wish for example to regulate Internet based =
companies.

M

-----Original Message-----
From: governance-request@lists.igcaucus.org =
[mailto:governance-request@lists.igcaucus.org] On Behalf Of Riaz K Tayob
Sent: Thursday, January 31, 2013 9:37 AM
To: governance@lists.igcaucus.org
Subject: [governance] CETA threatens Internet, health and democracy

[ CETA / Economy / Innovation ]
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CETA threatens Internet, health and democracy =
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Brussels, 31 January 2013 -- A draft trade agreement between the =
European Union and Canada (CETA) threatens the Internet, health and =
democracy, according to the Foundation for a Free Information =
Infrastructure (FFII). The agreement contains an investor-state =
arbitration clause, which gives multinational companies the right to =
directly sue states in international tribunals. CETA places these =
arbitration tribunals above the high courts of Europe and Canada.

Bypass democracy

Investor-state arbitration clauses give multinationals the right to sue =
countries if they dislike legislative changes. Tobacco company Philip =
Morris sued Australia over the Tobacco Plain Packaging Bill, which =
introduced restrictions on the use of cigarette company's logos on =
cigarette packets and allow for more space for health warnings. After =
Australia=E2=80=99s High Court dismissed the legal challenge, Philip =
Morris launched an investor-state case. As a result, Australia decided =
not to sign treaties with investor-state arbitration clauses any more.

The EU and Canada have been negotiating the Comprehensive Economic and =
Trade Agreement (CETA) since 2009. Negotiations took place behind closed =
doors, and the draft texts are still secret. The website bilaterals.org =
and Kriton Arsenis, a member of the European Parliament Committee on =
Environment, Public Health and Food Safety, revealed the existence of =
the investor-state arbitration clause. Arsenis criticizes the =
arbitration clause as an easy way to bypass democracy.

Conflicts of Interest

Multinationals see reform of legislation that could reduce their profits =
as expropriation and demand high damages. FFII analyst Ante Wessels: "In =
recent years, arbitration tribunals increasingly stretched the concept =
of expropriation. Lawyers advise multinationals in setting up investment =
structures, and these same attorneys and their office colleagues also =
act as arbitrators in tribunals. This gives rise to conflicts of =
interest."

Block Reforms

The FFII notes the negative impact on innovation and the Internet. The =
trade agreement with Canada will allow multinational companies to attack =
legislative reforms and protect old business models. This endangers =
reform of copyright and patent law.

Ante Wessels: "The Internet suffers from an excessive enforcement of an =
outdated copyright. Filtering, blocking and banning links hamper the =
functioning of the Internet. CETA will give multinationals the =
possibility to thwart necessary reforms."


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Agenda
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EU trade commissioner Karel De Gucht will visit Canada on 6 February =
2013 in the hope of concluding the trade talks. A day earlier, he will =
visit the US to prepare trade talks with the US.

On 7-8 February, the EU's 27 heads of state and government will meet in =
Brussels to discuss trade and foreign affairs.
http://www.europolitics.info/external-policies/de-gucht-aims-to-wrap-up-t=
ransatlantic-trade-talks-before-summit-art347575-46.html


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Links
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Arbitration clause in EU-Canada trade agreement, an easy way to bypass =
democracy Kriton Arsenis MEP =
http://www.neurope.eu/blog/arbitration-clause-eu-canada-trade-agreement

Canada, EU in final push for trade deal; latest investment chapter shows =
blatant pro-investor bias
http://www.bilaterals.org/spip.php?article22593

FFII blog on IP, innovation and trade:
http://acta.ffii.org/

General information:
Brewing Storm over ISDR Clouds: Trans-Pacific Partnership Talks
-
Part I
http://kluwerarbitrationblog.com/blog/2013/01/07/brewing-storm-over-isdr-=
clouds-trans-pacific-partnership-talks-part-i/
Part II
http://kluwerarbitrationblog.com/blog/2013/01/14/brewing-storm-over-isdr-=
clouds-trans-pacific-partnership-talks-part-ii/

Permanent link to this press release:
http://press.ffii.org/Press%20releases/CETA%20threatens%20Internet%2C%20h=
ealth%20and%20democracy


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Contact
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Ante Wessels
ante (at) ffii.org
+31 6 100 99 063

FFII Office Berlin
Malm=C3=B6er Str. 6
D-10439 Berlin
Fon: +49-30-41722597
Fax Service: +49-721-509663769
Email: office (at) ffii.org
http://www.ffii.org/
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About FFII
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The FFII is a not-for-profit association active in twenty European =
countries, dedicated to the development of information goods for the =
public benefit, based on copyright, free competition, open standards. =
More than 1000 members, 3,500 companies and 100,000 supporters have =
entrusted the FFII to act as their voice in public policy questions =
concerning exclusion rights (intellectual property) in data processing.



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