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Yes it's a different thing. I'm asking you to make the case that it's a bad thing, which you're not doing. You're also assuming that all trade disputes are goi

by avar 8y ago

Yes it's a different thing. I'm asking you to make the case that it's a bad thing, which you're not doing. You're also assuming that all trade disputes are going to involve country X having an issue with country Y, whereas e.g. in the EU/EEA companies sometimes sue their own government for being in breach of the trade rules, and prevail in front of the EFTA court. E.g. a meat importing company in Iceland sued the Icelandic state over the Icelandic government's ban on the import of fresh meat from the EU/EEA[1]. They prevailed, and now Iceland's having to allow that, over the objections of its powerful farming lobby. It wouldn't have made sense for any foreign EU/EEA government to start a trade dispute with Iceland over this matter, but it got resolved because a local company was able to sue and have the EFTA court rule on the matter. Why shouldn't the aggrieved party be able to sue? 1. http://www.eftasurv.int/media/press-releases/Fact-sheet-Iceland_s-restrictions-on-the-import-of-fresh-meat,-egg-and-dairy-products-in-breach--ENG.pdf http://www.eftasurv.int/media/press-releases/Fact-sheet-Icel...

cyphar 8y ago
As I mentioned in my sister comment, because we have evidence that allowing companies to do this would've resulted in the tobacco lobby being able to overturn public health laws in Australia (because they tried to do it within an arbitration courts that they didn't have jurisdiction in). If the TPP was signed in 2011, Australia would've had to pay damages to Phillip Morris for passing plain packaging laws (something that is now becoming a more common law in many jurisdictions). The problem with the EFTA (or ECJ) comparison is that those courts are designed to deal with the laws and directives passed by the EU/EEA. The entire point of the EU/EEA is that members democratically vote on laws that will affect members -- thus a violation of said laws by a government is similar (in principle) to any other violation by a government where an individual can sue the government for violating a law. The TPP arbitration process is not like this at all. There is no democratic agreement on common laws that member states must not violate -- it's a process to allow a corporation to sue a government for enacting "discriminatory" laws (unless those laws are "fair and proportionate" -- which obviously is a very wishy-washy constraint).

by avar 8y ago

cyphar 8y ago

As I mentioned in my sister comment, because we have evidence that allowing companies to do this would've resulted in the tobacco lobby being able to overturn public health laws in Australia (because they tried to do it within an arbitration courts that they didn't have jurisdiction in). If the TPP was signed in 2011, Australia would've had to pay damages to Phillip Morris for passing plain packaging laws (something that is now becoming a more common law in many jurisdictions). The problem with the EFTA (or ECJ) comparison is that those courts are designed to deal with the laws and directives passed by the EU/EEA. The entire point of the EU/EEA is that members democratically vote on laws that will affect members -- thus a violation of said laws by a government is similar (in principle) to any other violation by a government where an individual can sue the government for violating a law. The TPP arbitration process is not like this at all. There is no democratic agreement on common laws that member states must not violate -- it's a process to allow a corporation to sue a government for enacting "discriminatory" laws (unless those laws are "fair and proportionate" -- which obviously is a very wishy-washy constraint).