Don't like that Court ruling? Sue the Government to have it changed


I wrote earlier about the issues with the proposed Trans Pacific Partnership Agreement (TPPA) investor-state provisions. Those are the provisions which would enable a foreign investor to sue a Government if that Government's proposed law changes would negatively impact a company's investment in that country.
The impact of this on our internet and IT sector could be significant if New Zealand was precluded from updating its laws to facilitate technological development. We know how aggressive some incumbent firms can be in their attempts to maintain outdated business models in the face of disruptive new technologies and law changes which cater for those. The rear guard actions fought by music recording companies and large film studios over various technologies enabling format and time shifting are a case in point. In New Zealand, it is still illegal to copy a film from a computer to an iPod without the permisison of the copyright owner.
But, wait, it's worse than that. Far worse.
In an interim award handed down by one of the arbitral bodies that hears these types of investor-state disputes, Chevron has obtained an order forcing the Republic of Ecuador to overturn an Ecuadorian Court ruling. 
That's right, a private three person panel based in the Hague has the power under one of these treaties to order a Government to use it's "judicial, legislative or executive" power to countermand the lawful decision of one of that country's properly constituted Courts. So much for separation of powers. So much for sovereignty.
Hard to believe I know but here's the award.



COMMENTS (0) Post a Comment

← BACK TO NEWS