Canada's New Foreign Investment Protection and Promotion Agreement

Two Steps Forward, One Step Back?

in The Journal of World Investment & Trade
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The Journal of World Investment & Trade

Law • Economics • Politics

References

The full text of Canada's new Frnn may be found at: . 2 The full text of the NAFTA may be found at: www-tecli.iiiit.edu/Bulletiiis/nafta.html>.

3 Canada negotiated FIPAS with Poland, Argentina, the former Czech and Slovak Federal Republic, the former U.S.S.R., and Hungary. All of Canada's FIPA treaties may be found at: . 4 In contrast, the new FIPA is about fifty pages long, with over fifty articles.

5 They South Africa FW signed in 1995 and the EI Salvador FIPA signed in 1999 were not in force as ofjuly 2004. 1 Barbados. Venezuela, Trinidad and Tobago, Ecuador, Panama, Uruguay, and Costa Rica. Ukraine, Armenia, Croatia, Latvia, and Romania. " Egypt and Lebanon. '' Philippines and Thailand.

The underlined text highlights the additions to the First FIPA's definition; bracketed and underlined text indicates text deleted from the First FmA's definition. Article i of the Second FIPA states that "intellectual property rights" (at Article I(d)(v)) means copyright and related rights, trademark rights, patent rights, rights in layout designs of semiconductor integrated circuits, trade secret rights, plant breeders' rights, rights in geographical indications and industrial design rights. Sec Article n of the C:anada-C;roatia Fii'A, available at: . See ibid., Articles m and m.

13 Compare this with NAFTA Chapter Sixteen provisions regarding Temporary Entry for Business Persons.

14 See also Article v of the Canada-U.S.S.R. FIPA, available at: www.dfait-maeci.gc.ca/ma-nac/fipa list-eu.asp>. 15 Compare Article 1110 of the NAFTA to Article VIII of the Canada-Croatia FIPA.

11 In the case of Canada, Article I of the FIPA defines "sub-national government" to mean provincial or local (e.g. municipal) governments.

HouseDemocratLetteronIl1vestor-StateDisputes, Inside U.S. Trade, 5 October 2001. See Business, Environmentalists Clash over Tt'A Investor Protections, Inside U.S. Trade, 19 October 2001.

19 See also James McIlroy, NAF/A'S Investrnent Chapter: All Isolated Experittieiit or a l'reœdClltJor a Multilateral Investment Treaty? 3 J.W.I. 1, February 2002.

2u International Centre for Settlement of Investment Disputes (ICSID) Convention on the Settlement of Investment Disputes between States and Nationals of other States, done at Washington, D.C., 18 March 1965. 21 United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, approved by the United Nations General Assembly on 15 December 1976.

22Statementof theFreeTradeCommissionon non-disputing party participation; available at:

23 Recall the intellectual property provisions of Articles 9(4) and 13(4) and the exceptions in Article 14(7) of tllc FIPA.

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