[1] European Commission Press Release: "Commission Launches
      Discussion Paper on Worldwide Investment Rules".
      IP/95/52, 19 January 1995.

  [2] ICC report "Multilateral Rules for Investment",
      30 April 1996.

  [3] Financial Times, 2 February 1998

  [4] Source: OECD web site --

  [5] Ibid.

  [6] Interview with Jan Huner, deputy of Mr. Engering, head of the
      MAI negotiations, 28/1 1998. Huner did not mention Slovakia,
      which has previously often been mentioned as a candidate.

  [7] For an extensive overview of glocalization and other new
      corporate market strategies, see the article "Who Competes?
      Changing Landscapes of Corporate Control," Nicholas Hildyard,
      Colin Hines and Tim Lang, The Ecologist, Vol. 26, No. 4,
      July/August 1996.

  [8] Based on UNCTAD figures, Third World Resurgence, no. 79, p.18.

  [9] Testimony by Lori Wallach, Public Citizen, before the US
      Congress International Trade Commission, 15 May 1997.

 [10] UNCTAD World Investment Report 1997.

 [11] "International Investments", drs. P. Schuurman and drs. J.P.
      Huner, discussion paper for the Directorate General for Foreign
      Economic Relations, The Hague, February 1996.

 [12] Interview with Jan Huner, OECD, 28 January 1998. 

 [13] William H. Witherell, Director for Financial, Fiscal and
      Enterprise Affairs at the OECD, in "The OECD Multilateral
      Agreement on Investment", Transnational Corporations, vol. 4,
      no. 2, August 1995, p. 8. 

 [14] "These groups dealt, respectively, with liberalization
      obligations under existing OECD instruments, liberalization
      obligations in new areas, investment protection, dispute
      settlement and the involvement of non-members and institutional
      matters." Idem.

 [15] Witherell, p. 12. The bulk of these consultations were with
      the members of the OECD's advisory group on investment, which
      includes the Central and Eastern European countries, and in
      'policy dialogue workshops' with Southeast Asian and Latin
      American countries.

 [16] Under the 1975 Lome Convention, the 70 ACP countries were
      allowed duty-free exports into the EU as a form of aid.
      The Lome Convention is now being renegotiated.

 [17] This was reported to have happened for instance at the
      meeting between EU and ACP countries in Kampala, Uganda in
      October 1997. Third World Network Features, 1680/97, Roberto
      Bissio, p. 3.

 [18] As the Dutch OECD negotiators wrote in their first report
      to the Dutch Parliament, "the function of the treaty that
      will be agreed upon in the OECD framework is precisely to
      give the other WTO countries an idea of what kind of elements
      a multilateral policy framework contains. The MAI therefore
      fulfils a catalyzing role in the further development of
      policy consensus in this field." Secretary of State for
      Economic Affairs Van Dok-van Weelen in her first report on
      the MAI to the Dutch Parliament, "De onderhandelingen binnen
      de OESO inzake een Multilateraal Akkoord over investeringen",
      2 November 1995.

 [19] "The Multilateral Investment Agreement", by Frans Engering,
      in Transnational Corporations, vol. 5, no. 3 (December 1996).

 [20] USCIB Investment Committee, USCIB web site.

 [21] Cases would be facilitated by the International Chamber of
      Commerce's (ICC) Court of Arbitration, the World Bank's
      International Centre for the Settlement of Investment
      Disputes [ICSID) or the UNCITRAL rules (UNCITRAL is an UN
      agency which has developed rules for arbitration in
      international commercial disputes). 

 [22] USCIB Investment Committee, USCIB web site.

 [23] Confidential official source.

 [24] ICC Commission on International Trade and Investment Policy,
      Document n. 103/179 Rev., April 30th 1996.

 [25] Report to the Dutch Parliament, November 1995, Secretary of
      State for Economic Affairs Van Dok-van Weelen, p. 4 (our

 [26] Idem.

 [27] According to Dutch negotiator Marinus Sikkel at public hearing
      on the MAI in Utrecht, the Netherlands, 3 February 1998.

 [28] NGOs called for the suspension of negotiations to allow for
      public participation in the negotiations, "an independent
      and comprehensive assessment of the social, environmental,
      and development impact of the MAI with full public
      participation," the observation of binding environment,
      labour, health, safety and human rights standards, the
      elimination of the investor state dispute settlement
      mechanism as well as the expropriation provision of the MAI,
      and the renegotiation of the terms of withdrawal". 

 [29] Chairman's Opening Remarks, 15 January 1998, p. 1.

 [30] BIAC consultation, 15 January 1998.

 [31] US Council on International Business web page.

 [32] TUAC web page

 [33] TUAC's concrete demands are the incorporation of the OECD
      Guidelines for Multinational Enterprises into the MAI, a
      structure to ensure the implementation of the guidelines,
      the commitment to enforce basic workers' rights, and the
      provision that foreign investment must not violate domestic
      or internationally recognized labour standards. "The
      Multilateral Agreement on Investment: Key Issues for Trade
      Unions", TUAC Briefing Note for Affiliates, September 1997.

 [34] Interview with Roy Jones, TUAC secretariat, 26 January 1998.

 [35] This shared responsibility is not clearly defined in any EU
      treaty, but is based on a decision by the European Court of
      Justice on the Uruguay Round of the GATT. MEPs have asked
      about the Commission about this shared responsibility and
      received vague responses. 

 [36] Sir Leon Brittan in a speech on investment at a conference
      organized by the Royal Institute for International Affairs
      (Chatham House) and the London School of Economics. Quoted
      in a European Commission Press Release: "Commission Calls on
      European Business to Intensify Worldwide Investment Efforts.
      IP/95/269, 17 March 1995.

 [37] Draft Report on the Negotiations in the Framework of the
      OECD on a Multilateral Agreement on Investment (MAI),
      Committee of External Economic Relations, 17 December 1997.

 [38] "Competition on rules" refers to steps that governments take
      to attract foreign investors, and may include relaxing
      environmental and social regulations, tax breaks, the
      establishment of free trade zones, and so forth.

 [39] World Investment Report 1997.

 [40] Financial Times, 2 February 1998

 [41] This consensus was confirmed at several 1995 summits,
      including the Halifax G-7 Summit in June and the Trans-Atlantic
      Summit between the EU and US in December.

 [42] EU Commissioner Sir Leon Brittan explained the two-track
      strategy as follows: "We must tell our non-OECD partners in the
      WTO what we are doing among ourselves, overcome their fears
      that an investment initiative goes against their interests, and
      prepare the ground for decisions in the inaugural WTO
      Ministerial in the Autumn of 1996. By then, the OECD will be
      nearing the end of a planned two-year negotiation: WTO will be
      well placed to consider a complementary negotiating mandate to
      free investment flows worldwide." Source: see footnote 36.

 [43] Taken from a speech by Sir Leon Brittan at the Stockholm
      Trade Policy Seminar, 23 October 1995.

 [44] Martin Khor in Third World Network Features 1409/96.

 [45] For instance in "European Industry: A Partner for the
      Developing World. Foreign Direct Investment as a Tool for
      Economic Development and Cooperation - Suggestions for Future
      Improvement", ERT, 1993, p. 35.

 [46] Chakravarthi Raghavan in Third World Network Features,
      1404/96, p. 1.

 [47] Chakravarthi Raghavan in Third World Network Features,

 [48] The eight countries were Egypt, Indonesia, Ghana, Haiti,
      India, Malaysia, Tanzania and Uganda. The position of the
      eight countries was later echoed by the 11 trade ministers
      of the Southern African Development Community (SADC).
      Martin Khor, Third World Network Features, 546/96, p. 5.

 [49] Idem, p. 4.

 [50] Idem

 [51] "The Outcome of Singapore - Statement by Sir Leon Brittan
      -- Vice-President of the EU Commission", 13 Dec 1996,

 [52] Martin Khor, Third World Network Features, 1547/96, p.4.

 [53] Interview with Mr. Koulen, WTO Division for Intellectual
      Property Rights and Investment, 30 January 1998.

 [54] Report (1997) to the General Council.

 [55] "Investment Liberalization: A New Issue for the WTO",
      address by the Right Honourable Sir Leon Brittan,
      Vice-President of the European Commission, Cologne,
      11 June 1996.

 [56] "World business urges global investment pact", ICC Statement
      from November 11, 1996. The World Investment Forum took
      place 10 October 1996 in Geneva, Switzerland. Douglas A.
      Gregory of IBM Canada Ltd and ICC Secretary General Maria
      Livanos Cattaui.

 [57] The Nation, 24 December 1997.

 [58] The Chambers of Commerce are organized in the International
      Bureau of Chambers of Commerce (IBCC)

 [59] Interview January 29 1998 with Vincent J. O'Brien, Deputy
      Director of Communications, ICC.

 [60] ICC - The World Business Organization in 1997, p. 4.

 [61] ICC Commission on International Trade and Investment Policy,
      Document no. 103/179 Rev., 30 April 1996.

 [62] Ibid, p. 3.

 [63] A think tank, research and lobby group representing some 47
      of the largest European transnational corporations in
      Europe, for more information see "Europe, Inc.", information
      in the Resource section of this briefing.
 [64] ERT, "European Industry and the Developing World -- For a
      Global Framework of Mutual Interest and Trust", June 1997,

 [65] ERT, "European Industry: A Partner for the Developing World.
      Foreign Direct Investment as a Tool for Economic Development
      and Cooperation - Suggestions for Future Improvement", 1993,
      p. 35.

 [66] ERT, "Investment in the Developing World: New Openings and
      Challenges for European Industry", December 1996, p.13.

 [67] ERT, "Survey on Improvements in Conditions for Investment
      in the Developing World, 1993.

 [68] ERT, "Investment in the Developing World: New Openings and
      Challenges for European Industry", December 1996, p.13.

 [69] Peer review is a traditional system at the OECD in which
      countries are encouraged to reach common positions in a
      committee rather than through a dispute settlement
      procedure. Source of this section: ERT, European Industry
      and the Developing World - For a Global Framework of Mutual
      Interest and Trust, June 1997, p.9.

 [70] Idem, Foreword by Helmut Maucher. 

 [71] Idem p. 5.

 [72] UNCTAD Press release, 8 December 1997.

 [73] Phone conversation with UNICE, January 1998.

 [74] Joint statements from UNICE and Keidanren, 23 November 1995
      and 13 December 1996.

 [75] Source: USCIB web site,

 [76] Honeywell and General Electric were the first two companies
      investigated under NAFTA's side agreement for labour
      violations in their Mexican maquiladoras. Source: "USCIB's
      Corporate Crime Blotter, or Levelling the Playing Field for
      Felons", Michelle Sforza, Preamble Collaborative, draft
      January 1998.

 [77] USCIB web site

 [78] USCIB press release, 24 May 1995.

 [79] Idem.

 [80] Idem.

 [81] USCIB's President Abraham Katz, letter to US Trade
      Representative Charlene Barshefsky.

 [82] USCIB President Abraham Katz's letter to US Deputy Trade
      Representative Jeffrey Lang, "USCIB Concerns with
      Environmental Provisions for the MAI", 11 July 1997. 

 [83] The Washington Times is well known for the sympathetic
      representation of business interests in its pages. Fred
      Singer, leader of the Science and Environment Project, an
      industry lobby which organized an aggressive  misinformation
      campaign against climate change prevention, is on the
      newspaper's council.

 [84] Timothy E. Deal, Senior Vice President, USCIB, "Why We Need
      the Multilateral Agreement on Investment" in the Washington
      Times, 25 December 1997.

 [85] Idem.

 [86] The FTA was the basis for the NAFTA agreement.

 [87] Stuart Carre, BCNI, in front of the Sub-Committee on
      International Trade, Trade Disputes and Investment of the
      Standing Committee on Foreign Affairs and International Trade,
      25 November 1997.

 [88] "This has cast a pall of uncertainty over the ability of US
      negotiators to deliver on any negotiated trade and investment
      agreements, and that includes the MAI." Idem.

 [89] Statement by Keidanren and UNICE at the WTO Ministerial
      Conference, Singapore, 13 December 1996.

 [90] Keidanren's Views on MAI Negotiations, 17 June 1997

 [91] The WBCSD has many renowned corporate polluters as members --
      including British Petroleum, Cargill, Fiat, General Motors,
      ICI, Lafarge, Monsanto, Nestle, Philips, Procter & Gamble,
      Rio Tinto Zinc, Son, Statoil, Texaco, Toyota, Unilever, Volvo,
      Waste Management International, Western Mining Corporation and

 [92] E-mail from Marcel Engel, WBCSD, 29-01-98.

 [93] Letter dated 9 January 1998.

 [94] The Action Plan which came out of the 1992 Rio Earth Summit.

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