Trans Pacific Partnership Agreement may threaten Environmental Regulation and Labour Standards

Completion of the Trans Pacific Partnership was announced on October 5th 2015, though the text will only be revealed to the Canadian public when it is debated in the new Parliament. Although environmentalists take comfort in some concessions regarding wildlife protection, the Canadian Centre for Policy Analysis says “Trans-Pacific Partnership a big win for Corporate Interests” (Oct. 5) especially because of the investor protection rules (ISDS). The Council of Canadians furthers the CCPA discussion in “ISDS and the Paris Climate Agreement”, as does a detailed paper by Gus Van Harten of Osgoode Hall Law School in An ISDS Carve-out to Support Action on Climate Change, which aims to “identify language for an ISDS carve-out that is reliable and clear considering the importance of climate change action”. As Maude Barlow states in the introduction to the Van Harten paper: the ISDS “gives foreign corporations the right to directly sue governments for financial compensation if those governments introduce new laws or practices – be they environmental, health or human rights – that negatively affect corporations’ bottom line”.  Another paper released by the Centre for International Governance (in Waterloo, Ont.), Investor-State Arbitration Between Developed Democratic Countries is the first in a planned series reviewing and assessing ISDS from a global and legal perspective, without a focus on climate change aspects.

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