4 research outputs found
The impact of globalization and the interconnectedness with the comprehensive economic and trade agreement between Canada and the European Union
Elimination of the trade barriers and stimulation of business activity through trade liberalization led to the expansion in the field of the global economy. There are plentiful hesitations about who gains the highest benefit from free trade, especially when it comes to the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. Analogously, the previous mention guides to the dilemma about the trade negotiations and their position in the same agreement in which are the labor standards. Additionally, trade liberalization has influenced the creation of a close link connection between trade, labor, and globalization. This paper focuses on the effects of globalization and trade liberalization with their connection apropos the provisions from CETA; especially with an emphasis on Chapter 23: 'Trade and Labour'
Analyzing the Anatomy of Innovative Investment Treaty Drafting: The Quest to Safeguard the Right to Regulate
Articulating clearer fair and equitable treatment clauses within Tanzania’s international investment agreements: correcting the disparity between host state and international investor interests
International Investment Agreements seek to promote foreign investment whilst protecting foreign investors. Despite the goal of International Investment Agreements being to secure parity between the interests of the host State and the foreign investor, there has been consequential disparity in the protection of the interests of both parties. Notably, the host State is susceptible to disadvantage. This research examines the extent to which International Investment Agreements in Tanzania have facilitated this disparity. In particular, the research evaluates the inclusion of fair and equitable treatment provisions in Tanzania’s International Investment Agreements and the extent to which fair and equitable treatment provisions have in some way facilitated this disparity.
The research examines systematically the fair and equitable treatment provisions contained in twenty IIAs signed by Tanzania between 1965 and 2013 (eleven of which are still in force). The research takes a comparative approach in evaluating and contrasting the Tanzanian provisions with other fair and equitable treatment clauses in IIAs signed by India, Morocco and the Netherland. The Tanzanian provisions are vague and non-uniform in comparison.
The research is situated in the broader context of national sovereignty and the relationship between Tanzania and its foreign investors under international law. The substance of the analysis centres on foreign investors in the mining sector in Tanzania and the extent to which these investors have sought to take advantage of the fair and equitable treatment clauses in the IIAs in order to pursue their activities to the detriment of local populations. The research evidences the negative impact of their claims that changes in government policy (often aimed at benefiting citizens) amount to unfair treatment of the foreign investor. This has a significant impact on the ability of the government to develop its policies around sustainable development, environmental protection and the guarantee of human rights of the citizens of the host State.
The research demonstrates that a clearer and fuller articulation of fair and equitable treatment clauses within Tanzania’s IIAs can act as a corrective to the disparity between the host State and the international investor. This requires that IIAs are drafted to include an exhaustive and full list of the State’s obligations towards the foreign investor so as to limit foreign investor claims against the host State. The impact of not doing so has grave implications for the rights of the citizens of Tanzania and unnecessarily tips the balance of power in favour of the foreign investor and away from the host State. This undermines the ability of the host State to assert its sovereignty within its own borders