No recent trade or investment agreement has generated so much resistance in Canada – and for good reason. No investment contract since NAFTA poses a greater threat to the environment, public health, First Nations and fundamental conceptions of democracy. If FIPA is ratified, Chinese-based companies will be able to directly challenge local, provincial and federal policies that infringe their “right” to profit from energy, mining or other controversial projects. Canadian companies will have the same “right” in China, which will also have a direct impact on human rights and environmental protection in that country. Until 2017, Canada`s China FIPA remained unknown to most Canadians, even investors, according to the China Business Council of Canada, the International Business Institute. The Rotman Institute said the agreement provided considerable security for the co-candidate party. 6 In 1994, Canada and China began negotiating a bilateral agreement on the promotion and protection of foreign investment (FIPA). After sixteen years and several rounds of negotiations, the two states have failed to consolidate a viable treaty. By examining each country`s content and procedural preferences in their respective bilateral models of investment contracts and in previous treaties, this article outlines some of the likely barriers at the table in the negotiation process. The analysis shows that there are areas in which the preferences of individual countries are highly coordinated, although there are significant differences on some key issues.
Differences of opinion between the two countries are “table” factors such as general bilateral relations. Another aspect to consider is the idea of coordinating between Canada and China to meet international trade and human rights standards under FIPA. Bilateral investment agreements are certainly economic agreements, but strong non-economic elements influence the practical and legal impact of these agreements on various stakeholders. Despite the significant impact of FIPA between Canada and China on human rights and environmental policy issues, it can be concluded that these factors will have little influence on the actual outcome of the agreement negotiations. 3 See Foreign Affairs and International Trade Canada, the background of Canada`s Foreign Affairs and International Trade Canada Investment Promotion and Protection Agreement, www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/fipa-apie/china-chine.aspx?lang=en&menu_id=13&menu=R moron in paragraph 2. 77 China FIPPA extends the obligation to grant market access on the basis of the treatment of the most favoured nation (MFN) to trade agreements or FIPPAs before 1994. China FIPPA, note 2 above, Article 8, paragraph 1, point a) (i), b. 177 Based on FDI stocks in 2013, Canada will transfer approximately 83% of its foreign economy to the ISA. Other important countries, including the United States, Western European countries, Australia and Japan, have not accepted the AIS in the treaties between them. On the other hand, Canada would have accepted the ISA in contracts with all major capital exporters: the United States in NAFTA and the TPP; the United Kingdom, Germany, France, the Netherlands and Belgium-Luxembourg in the Canada-EU CETA; Japan in the TPP; China FIPPA.