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A rough copy-paste to attempt to pull together what's been said so far:

Question 1: Scope

JakeS:

Establishing this symmetry between the right of investors to sue over re-regulation and the right to civil society (and investors in other countries who are negatively impacted by regulatory dumping) sue over deregulation will go a long way towards restoring the neutrality of this treaty on the question of overall levels of regulation.

rz:

Governments, Trade Unions and private citizens should be able to sue companies who violate any of the points you make above.

JakeS:

The dispute resolution system should also permit companies and NGOs to sue states who willfully violate good governance or the human rights of their citizens in order to obtain a competitive advantage. Potential infringements include:

*Restrictions on the right to organize and bargain collectively.
*Restrictions on the right to strike.
*Disproportionate restrictions on the right to blockade.
*Arbitrary restrictions on access to health care (such as restricting access based on medically irrelevant criteria like race, creed, or ability to pay for the treatment).
*Willful and wanton destruction of environmental commons.
*Enabling of tax fraud and shadow finance.
*Willful disregard for proven or materially suspected harmful impacts of consumer products.

In other words, human and social rights to be clearly stated as limits on scope.

I'd add that, in the Scope Annex, the CETA clauses on what an Investor is not, seem useful to me.

Question 3: Fair and equitable treatment

The question of "legitimate expectations":

DoDo:

a government can't back out from a commitment made by a previous government, and will push corrupt governments into such commitments.

JakeS:

there are certain commitments that an investor should know a state cannot make

 Specifically, sovereign default must always remain outside the jurisdiction of any ISDS system. Likewise, regulation in pursuit of macroeconomic stability, environmental protection, consumer protection, protection of the right to organize and bargain collectively, and a number of other core state functions and core human rights must be categorically exempt from becoming the subject of such disputes.

Governments cannot sign away their citizens' right to strike, nor their right to breathe unpolluted air.

In other words, the human and social rights point made re Scope should be repeated here. Plus possibly

JakeS:

It should be possible for any member of parliament, as well as any list eligible to run for parliament, at the time of a potentially enforceable promise made to an investor or group of investors, to dissent, publicly, in writing.

Question 4: Expropriation

Jake's entire comment

Qestion 5: Right to regulate

Jake's entire comment

General points in conclusion: the major items above, plus eurogreen's points on taxation.

And whatever else now comes along.

by afew (afew(a in a circle)eurotrib_dot_com) on Fri Jul 4th, 2014 at 04:28:31 PM EST
This has to be in today, and there doesn't seem to be all that much interest, so do we conclude we're not up to it?
by afew (afew(a in a circle)eurotrib_dot_com) on Sun Jul 6th, 2014 at 03:48:09 AM EST
[ Parent ]
I think the limitation based on human rights, social rights and the legality of the investment is relevant to (and should be emphasized separately) for all points. That is, Question 4, too:

* Question 4: if the company to be expropriated violated human or social rights in a gross way, or if it got to make its investment thanks to corruption or other illegal means, then the government should have the right to consider expropriation without compensation.

*Lunatic*, n.
One whose delusions are out of fashion.

by DoDo on Sun Jul 6th, 2014 at 04:00:00 AM EST
[ Parent ]
Myself, corrected:

a government can't back out from a commitment made by a previous government, and multinational companies will push corrupt governments into such commitments.


*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Sun Jul 6th, 2014 at 04:01:47 AM EST
[ Parent ]
I would love if you guys would put something in and I am sorry for not being able to participate more but I did not find the time in the last few days.
by rz on Sun Jul 6th, 2014 at 04:59:02 AM EST
[ Parent ]
OK, I'll try and frame something this afternoon.
by afew (afew(a in a circle)eurotrib_dot_com) on Sun Jul 6th, 2014 at 05:31:01 AM EST
[ Parent ]

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