Look. I'm not trying to start another pointless struggle session. Far from that, I want each and every one of us to confront this most strange attempt at multilateralism by two of our favourite existing socialisms.

There's no substantial article on the environment. Not a single word on climate or pollution. And nothing on labour issues.

I get that the whole thing is brand new and the member countries will probably amend to add more to the document in later stages.

But now is the point the heads of governments go back to their respective legislative body for ratification. Again, nothing on labour, the environment or the climate.

I want us Chapos to confront the likelihood that existing socialist experiments are faltering, even abandoning, a key promise of socialism to workers: reducing work hours for more leisure time. That, and no idea how trade is going to connect to the climate crisis.

  • Civility [none/use name]
    2·
    4 years ago

    This is reading to me as an agreement not to nationalise shit out from under investors/force them to sell.

    Article 10.5: Treatment of Investment

    201.Each Party shall accord to covered investments fair and equitable treatment and full protection and security, in accordance with the customary international law minimum standard of treatment of aliens.

    2.For greater certainty:

    a)fair and equitable treatment requires each Party not to deny justice in any legal or administrative proceedings;

    b)full protection and security requires each Party to take such measures as may be reasonably necessary to ensure the physical protection and security of the covered investment; and

    c)the concepts of fair and equitable treatment and full protection and security do not require treatment to be accorded to covered investments in addition to or beyond that which is required under the customary international law minimum standard of treatment of aliens, and do not create additional substantive rights.

    Edit:

    Found this on expropriation, it seems to be allowed but you can't do it because it's owned by non-nationals and you gotta pay "fair market value":

    Article 10.13: Expropriation

    251.No Party shall expropriate or nationalise a covered investment either directly or through measures equivalent to expropriation or This Article shall be interpreted in accordance with Annex 10B (Expropriation).10-16 nationalisation (hereinafter referred to as “expropriation” in this Chapter), except:

    (a)for a public purpose;

    (b)in a non-discriminatory manner;

    (c )on payment of compensation in accordance with paragraphs 2 and 3; and

    (d)in accordance with due process of law.

    • Awoo [she/her]
      ·
      4 years ago

      What is the customary international law minimum standard of treatment of aliens? I feel like understanding that is essential to parsing this.

      • skeletorsass [she/her]
        1·
        4 years ago

        Montevideo convention is being referenced:

        nationals and foreigners are under the same protection of the law and the national authorities, and foreigners may not claim rights other than or more extensive than those of nationals

          • Civility [none/use name]
            1·
            4 years ago

            Found this on Expropriation, doesn't seem awful:

            Article 10.13: Expropriation

            251.No Party shall expropriate or nationalise a covered investment either directly or through measures equivalent to expropriation or This Article shall be interpreted in accordance with Annex 10B (Expropriation).10-16 nationalisation (hereinafter referred to as “expropriation” in this Chapter), except:

            (a)for a public purpose;

            (b)in a non-discriminatory manner;

            (c )on payment of compensation in accordance with paragraphs 2 and 3; and

            (d)in accordance with due process of law.

          • skeletorsass [she/her]
            1·
            4 years ago

            Yes, exactly this. Extremely common in trade agreements and well established customary law.

    • skeletorsass [she/her]
      1·
      4 years ago

      ...realy this? Are you trolling? This is a rule of law clause, like in all trade agreements.

    • silentlygrowingyam [he/him]
      1·
      4 years ago

      Thanks, you're doing great work here.

      I've had to look at WTO documents for Mexico one time and I can't think of how much time it took me to finish