MAINOTES
[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 -- http://www.oecd.org/
[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
translation).
[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,
1527/96.
[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,
IP/96/1172.
[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,
p.9.
[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, http://www.imex.com/uscib/)
[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
Weyerhaeuser.
[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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