Chinese trade deal is illegal

Chinese trade deal is illegal Re: the Canada-China Foreign Investment Promotion and Protection Agreement. Environmental protection, worker exploitation and lack of political freedom are serious problems. But there are upward trends on those issues in Chi

Re: the Canada-China Foreign Investment Promotion and Protection Agreement.

Environmental protection, worker exploitation and lack of political freedom are serious problems. But there are upward trends on those issues in China, including wind power now firmly on the passing lane relative to coal and big hydro developments. Watch out, Canada.

Regarding advantages for Chinese corporations, precedence is king in neoliberal trade law. In the auto pact case, the World Trade Organization decided that international trading partners have unilateral rights when dealing with NAFTA signatories who are bound even beyond the agreement’s territory.

This is significant with regard to energy trade. NAFTA’s Chapter 6 gives clearcut priority to the interests of the destination countries over the export country. And the foreign investor or even just potential investor under Chapter 11 has the right for secret offshore panel rulings that by a penalty regime will overrule democratic legislation pertaining to energy security or environmental protections or civic standards, etc.

In fact, the China-Australia trade deal from 2005 as well a range of other Pacific Rim deals, involving China or not, have shown restraint with regard to powers to overrule and prevent democratic legislation.

If we don’t rid ourselves from the toxic Chapter 11, China is not to blame for our failure.

As Mulroney insisted in the Mulroney-Turner debate, it can be cancelled by informal notification with six months notice.

China is not the alleged aggressor, and does not drive the ruinous financialism. Let’s not overlook that Canada is now the cheerleader of a third Western aggression since 1953 aiming to steal the oil from the Iranian people.

And those Iranian oil resources are not balance-negative tarsands or shale fracking but valid conventional oil fields. The hypocritical demonizing of China by Western governments is motivated by geopolitics as well as the idea and reality of marching Western armies in Central Asia at the doorstep of China and Russia.

The story is too close to Peter Mansbridge and Stephen Harper style Disney tales for comfort. Well-meaning people should stay away from any such “Yellow Peril” invocation. The people in Asia remember the opium, Vietnam and many other colonial wars based on racist ideas too well.

Most chapter 11 rulings have come in recent years, including the giant Abitibi Bowater settlement of $ 130 million. If that nonsense was gone, Canada, like Venezuela and Mexico which cancelled NAFTA Chapter 6, would not sell oil below market price at dictated quotas in North America. And the phoney overseas deals would evaporate in a heartbeat.

Contrary to Al Pope’s and Andrew Nikiforuk’s assertions, the China trade deal can be cancelled before 31 years, because like in NAFTA’s Chapter 11, there is illegal stuff in there.

The scary de facto constitutional powers of Chapter 11 are gone. See the Ontario Superior Court’s CUPW/COC decision, when it is cancelled, and then the new Chinese and European trade deals are potentially illegal in any Canadian court.

Peter Becker


Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Dr. Brendan Hanley, Yukon’s chief medical officer of health, speaks at a press conference in Whitehorse on March 30. Hanley announced three more COVID-19 cases in a release on Nov. 21. (Crystal Schick/Yukon News file)
Three more COVID-19 cases, new exposure notice announced

The Yukon’s Chief Medical Officer of Health, Dr. Brendan Hanley, announced three… Continue reading

Yukonomist Keith Halliday
Yukonomist: COVID-19 strikes another blow at high-school students

They don’t show up very often in COVID-19 case statistics, but they… Continue reading

The Cornerstone housing project under construction at the end of Main Street in Whitehorse on Nov. 19. Community Services Minister John Streicker said he will consult with the Yukon Contractors Association after concerns were raised in the legislature about COVID-19 isolation procedures for Outside workers at the site. (Crystal Schick/Yukon News)
Concerns raised about alternate self-isolation plans for construction

Minister Streicker said going forward, official safety plans should be shared across a worksite

The Yukon’s Chief Medical Officer of Health Dr. Brendan Hanley, pictured at a press conference in October, announced three new cases of COVID-19 on Nov. 20 as well as a new public exposure notice. (Crystal Schick/Yukon News file)
New COVID-19 cases, public exposure notice announced

The new cases have all been linked to previous cases

Beatrice Lorne was always remembered by gold rush veterans as the ‘Klondike Nightingale’. (Yukon Archives/Maggies Museum Collection)
History Hunter: Beatrice Lorne — The ‘Klondike Nightingale’

In June of 1929, 11 years after the end of the First… Continue reading

Samson Hartland is the executive director of the Yukon Chamber of Mines. The Yukon Chamber of Mines elected a new board of directors during its annual general meeting held virtually on Nov. 17. (Joel Krahn/Yukon News file)
Yukon Chamber of Mines elects new board

The Yukon Chamber of Mines elected a new board of directors during… Continue reading

The Yukon Hospital Corporation has released its annual report for 2019-20, and — unsurprisingly — hospital visitations were down. (Crystal Schick/Yukon News file)
Annual report says COVID-19 had a large impact visitation numbers at Whitehorse General

The Yukon Hospital Corporation has released its annual report for 2019-20, and… Continue reading

Whitehorse City Hall. (Joel Krahn/Yukon News file)
City hall, briefly

A look at decisions made by Whitehorse city council this week

City council was closed to public on March 23 due to gathering rules brought on by the COVID-19 pandemic. The council is now hoping there will be ways to improve access for residents to directly address council, even if it’s a virtual connection. (Crystal Schick/Yukon News file)
Solution sought to allow for more public presentations with council

Teleconference or video may provide opportunities, Roddick says

Megan Waterman, director of the Lastraw Ranch, is using remediated placer mine land in the Dawson area to raise local meat in a new initiative undertaken with the Yukon government’s agriculture branch. (Submitted)
Dawson-area farm using placer miner partnership to raise pigs on leased land

“Who in their right mind is going to do agriculture at a mining claim? But this made sense.”

Riverdale residents can learn more details of the City of Whitehorse’s plan to FireSmart a total of 24 hectares in the area of Chadburn Lake Road and south of the Hidden Lakes trail at a meeting on Nov. 26. (Ian Stewart/Yukon News file)
Meeting will focus on FireSmart plans

Riverdale residents will learn more details of the City of Whitehorse’s FireSmarting… Continue reading

The City of Whitehorse is planning to borrow $10 million to help pay for the construction of the operations building (pictured), a move that has one concillor questioning why they don’t just use reserve funds. (Crystal Schick/Yukon News)
Councillor questions borrowing plan

City of Whitehorse would borrow $10 million for operations building

Most Read