Tuesday, November 6, 2012

This is The Canada-China FIPA Document


Agreement Between the Government of Canada and the Government of the People's Republic of China for the Promotion and Reciprocal Protection of Investments

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA (the “Contracting Parties”),
RECOGNIZING the need to promote investment based on the principles of sustainable development;
DESIRING to intensify the economic cooperation of both States, based on equality and mutual benefit;


Edit: I am going to Add two columns on the China-Canada FIPA. One by Andrew Coyne and another by Gus Van Harten . These gentleman give their opinion of what the trade deal means.

My original idea was to post the deal as written and withhold comment. I had read the FIPA but found little overt harm. That may be attributed more to a lack of understanding and education in the field of International trade than a benign nature of the deal. So I waited for comment from the better informed to give perspective.

My only discomfort was that we were entering into a trade deal with a Dictatorship; a capitalist/communist hybrid, but still a Dictatorship. These types of regimes are unpalatable and we should think long and hard before dealing with them. I fear that while all the time suggesting that greater association and integration with democratic nations will bring change, Canada is looking at the "money". Pragmatism is the opposite of idealism, I think the best work is done somewhere between the two. This deal is more a work between equals; Canada and China are not equals.

Read both pieces. It will give you something to think about. I'm still unsure. I think that the deal has problems, concerning arbitration guidelines. Nothing unusual, I just don't like these types of mechanisms. Interpreting a contractual obligation is not always easy. Sometimes victory goes to the best lawyers rather that then the right position.

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