Mofra
Moderator
- Dec 6, 2005
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- #126
The ISDS itself is the concern as it involves subjugating national sovereignty to an arbitrary panel - as noted earlier, this is the most contentious area of RFTAs and their operation (staffed by the same pool of lawyers who regularly represent the same TNCs who are bringing action against sovereign nations) is of huge concern.1) who won?
2) why?
3) why does the HK agreement exist?
4) synthetic tpp already exists, the only difference is the TPP broadens the nations involved and simplifies agreements by harmonising. Are you aware the TPP principles have been around for over a century?
Say in the case I want to create a synthetic TPP for a business in Bolivia, I need an Australian company, a U.K. Sub, a Swedish sub and a Bolivian sub.
If I want a Philippines synthetic TPP I can use an Australian company or better still a Singaporean company which has both trade and property right protections.
In short the TPP has existed for over a century in some places and decades in others. All that is changing is the simplification of corporate structures and simplification of tax (easier to collect).
Given this is the case, what is the concern?
I would argue that in many instances it hasn't helped - an arbitrary examination of (in one example I know of) the water infrastructure industry in South Africa would highlight the issues.We submit our nation to loads of arbitration and international courts and have done for longer than our nation is old.
Please appreciate this helps and changes the people in corrupt developing nations and has very little impact in Australia.