Maude Barlow, National Chair of the Council of Canadians, criticizes Canadian Prime Minister Justin Trudeau for avoiding any confrontation with US President Trump on the issue of water and NAFTA.
|Barlow has just issued a report called: Water For Sale: How Free Trade And Investment Agreements Threaten Environmental Protection Of Water And Promote The Commodification Of The World’s Water. The report looks at the trade threats posed to global water supplies by different trade agreements including NAFTA. Barlow notes:|
“NAFTA rules that already trump domestic water protections could be made far worse with the upcoming renegotiation of the deal. Trump is attacking water protections in the U.S., locking in deregulation in ways that would make it very hard for future presidents to undo. Trudeau is doing the same here by not restoring the Navigable Waters Protection Act, despite his promise to do so. These realities, combined with Trump and Trudeau’s refusal to remove Chapter 11 from NAFTA, put water protection in the crosshairs.”
Investor-state dispute settlement (ISDS) or investment court system (ICS) is a system through which individual companies can sue countries for alleged discriminatory practices. The practice was made widely known through the Philip Morris v. Uruguay case, where the tobacco company Philip Morris sued Uruguay after having enacted strict laws aimed at promoting public health.ISDS has been criticized because the United States has never lost any of its ISDS cases, and that the system is biased to favor American companies and American trade over other Western countries, and Western countries over the rest of the world. Chapter 11 of NAFTA contains ISDS provisions,
S.D. Myers v. Canada Between 1995 and 1997 the Canadian government banned the export of toxic PCB waste, in order to comply with its obligations under the Basel Convention, of which the United States is not a party. Waste treatment company S.D. Myers then sued the Canadian government under NAFTA Chapter 11 for $20 million in damages. The claim was upheld by a NAFTA Tribunal in 2000.