GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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16:17 Feb 21, 2017 |
English language (monolingual) [PRO] Social Sciences - International Org/Dev/Coop | |||||||
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| Selected response from: Daryo United Kingdom Local time: 03:10 | ||||||
Grading comment
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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5 +2 | deny them [the tobacco companies] the possibility to use this procedure |
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5 +1 | Revoke privileges |
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Summary of reference entries provided | |||
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Chapter 29 of the TPP |
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to deny [them] the benefits of investor–state dispute settlement deny them [the tobacco companies] the possibility to use this procedure Explanation: because this "investor–state dispute settlement" procedure is heavily skewed in favour of big multinationals, it's a "benefit" for them (a big advantage); this Trans-Pacific Partnership Agreement has included the option for states to deny them [the tobacco companies] the possibility to use this procedure ("investor–state dispute settlement") - so they can't sue states for "lost profits" if they are restricted in poisoning the population with their wares. |
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Grading comment
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5 hrs confidence: peer agreement (net): +1
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46 mins peer agreement (net): +2 |
Reference: Chapter 29 of the TPP Reference information: Article 29.5: Tobacco Control Measures A Party may elect to deny the benefits of Section B of Chapter 9 (Investment) with respect to claims challenging a tobacco control measure12 of the Party. Such a claim shall not be submitted to arbitration under Section B of Chapter 9 (Investment) if a Party has made such an election. If a Party has not elected to deny benefits with respect to such claims by the time of the submission of such a claim to arbitration under Section B of Chapter 9 (Investment), a Party may elect to deny benefits during the proceedings. For greater certainty, if a Party elects to deny benefits with respect to such claims, any such claim shall be dismissed. https://www.mfat.govt.nz/assets/_securedfiles/Trans-Pacific-... -------------------------------------------------- Note added at 49 mins (2017-02-21 17:06:41 GMT) -------------------------------------------------- Tobacco Control Measures Tobacco is a product that poses unique public health challenges, as is reflected in each Party’s tobacco control regulations. In order to ensure that each Party has the ability to regulate manufactured tobacco products and protect public health, TPP, for the first time in any trade agreement, builds on structures established in the agreement to give each Party the right to decide that its tobacco control measures for manufactured tobacco products cannot be challenged by private investors under Investor-State Dispute Settlement (ISDS). Other provisions of the agreement, including state-tostate dispute settlement procedures by governments, will continue to apply. This provision does not apply to tobacco leaf; under TPP, U.S. tobacco farmers will have enhanced opportunities to compete fairly in foreign markets by the elimination of foreign tariffs on tobacco leaf. https://ustr.gov/sites/default/files/TPP-Chapter-Summary-Exc... -------------------------------------------------- Note added at 56 mins (2017-02-21 17:14:02 GMT) -------------------------------------------------- Tobacco—A claim challenging a tobacco-control measure shall not be subject to the investor state dispute settlement (ISDS) procedures in TPP if a TPP partner country elects to deny that benefit to a claimant. http://www.fb.org/files/TPP-Full-Report.pdf -------------------------------------------------- Note added at 1 hr (2017-02-21 17:42:41 GMT) -------------------------------------------------- Page 19 Finally, the only meaningful new ISDS safeguard or exception included in the final TPP text is a carve-out for tobacco-related public health measures that allows countries to elect to remove such policies from being subject to ISDS challenges, either in advance or once a policy is attacked. Thus, in these and other ways, the TPP unequivocally expands the power of corporations. http://haasinstitute.berkeley.edu/sites/default/files/haasin... |
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Note to reference poster
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