Craig Welch 's BestNetTech Comments

Latest Comments (148)

• On the post: Top Court Throws Out Corporate Sovereignty For All Trade Deals Within EU; Those Involving Other Nations Likely To Suffer Same Fate

  

  Craig Welch ( profile ), 12 Jun, 2018 @ 03:56am

  Re: Stick it in your ear

  Most countries are a signatories to the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards). The country would not be in a position to decline payment. The claimant would go to another country that was also a signatory, and get a court order, based on the arbitral award, to seize assets of the country to expunge the debt.

• On the post: Top Court Throws Out Corporate Sovereignty For All Trade Deals Within EU; Those Involving Other Nations Likely To Suffer Same Fate

  

  Craig Welch ( profile ), 12 Jun, 2018 @ 03:53am

  Re: Why Germany?

  The arbitration tribunal had its seat in Germany, by agreement with the parties. Thus, the Slovak government went to the courts in Germany when they sought to annul the award.

• On the post: After Removing US From Negotiating Process, Now Trump Suddenly Wants US Back In TPP

  

  Craig Welch ( profile ), 26 May, 2018 @ 03:37am

  Re: Re: Splitting hairs, much?

  Ah, Veolia eh?
  
  I'm fully on Veolia's side here. They had an agreement with the Alexandria government which allowed for increased payments if certain expenses, of which wages was one, increased.
  
  The Government, quite correctly, raised the minimum wage. Veolia asked for increased payment as per the contract. The Government reneged, in breach of the contract. Veolia had not luck in the local courts, so they raised an ISDS dispute.
  
  What, if anything, did Veolia do wrong?

• On the post: As NAFTA Negotiations Finish Up, Hopefully The USTR Remembers That The Internet Has Been Good For Creators Too

  

  Craig Welch ( profile ), 26 May, 2018 @ 03:32am

  Re: NAFTA is a sham

  Which are all the ISDS provisions they could not get into the TPP?

• On the post: After Removing US From Negotiating Process, Now Trump Suddenly Wants US Back In TPP

  

  Craig Welch ( profile ), 17 Apr, 2018 @ 12:39am

  Re: why did Trump completely drop out of the negotiations?

  They had all signed, including the US, well before Trump was elected.
  
  ISDS (or 'corporate sovereignty' as you put it) has nothing to do with selling cigarettes to children.

• On the post: After Removing US From Negotiating Process, Now Trump Suddenly Wants US Back In TPP

  

  Craig Welch ( profile ), 17 Apr, 2018 @ 01:51am

  There have been exactly two ISDS tribunals related to tobacco products. One (Philip Morris v. Australia) was thrown out as an 'abuse of process' as PM artificially contrived to move their operations to take advantage of an investment agreement providing ISDS.
  
  The other (Philip Morris v. Uruguay) was won by Uruguay with the tribunal ruling that the country did have the right to legislate for public health.
  
  Further, tobacco disputes have been specifically disallowed under the TPP.
  
  ISDS tribunals do not have the ability to over-ride laws. They do have the ability to impose penalties if the state breaches the agreement.

• On the post: After Removing US From Negotiating Process, Now Trump Suddenly Wants US Back In TPP

  

  Craig Welch ( profile ), 16 Apr, 2018 @ 01:51pm

  Re: Re: 22 Provisions

  I agree with you, but must point out that no matter on what grounds the US might re-join it needs all members to agree.

• On the post: After Removing US From Negotiating Process, Now Trump Suddenly Wants US Back In TPP

  

  Craig Welch ( profile ), 16 Apr, 2018 @ 12:30pm

  22 Provisions

  Which was made easier once the US pulled out by dropping 22 provisions that the US insisted on but the other countries opposed.

  They weren't actually 'dropped', they were 'suspended'. They're still there, and could be resurrected to entice the US back in. So the CPTPP would look much like the old TPP. However, negotiating from that position to get more loot for the US would be difficult indeed. Even though some nations have cowards at their head (Malcolm Turnbull comes to mind) who would grovel at the chance of the US being back in, the states do not have the appetite either for giving anything else away, or delaying for the period of time that further negotiations would take.

• On the post: After Removing US From Negotiating Process, Now Trump Suddenly Wants US Back In TPP

  

  Craig Welch ( profile ), 16 Apr, 2018 @ 12:26pm

  Re: Assuming anyone would let him...

  I'd like to see who would head the negotiating team for Trump's TPP.

  Robert Lighthizer would be the lead negotiator. It's part of his job. https://ustr.gov/about-us/policy-offices/press-office/press-releases/2017/may/robert-e-lighthizer-sworn-united-states

• On the post: After Removing US From Negotiating Process, Now Trump Suddenly Wants US Back In TPP

  

  Craig Welch ( profile ), 16 Apr, 2018 @ 02:01pm

  That's not quite right. What was signed was not a 'super final draft', it was the final Agreement. That was it.
  
  The next step was for ratification, by legislation, as you indicate. But it was always a fantasy of those against TPA that without it the Congress would have the ability to 'fine tune' the Agreement. Yes, TPA instituted a straight up-or-down vote. But without TPA, if Congress approved it subject to even one change that would have the same result as voting 'no'. The Agreement could not, at that stage, be changed. Well not without going back to the negotiating table, scrapping the Agreement and starting again.

• On the post: Top Court Throws Out Corporate Sovereignty For All Trade Deals Within EU; Those Involving Other Nations Likely To Suffer Same Fate

  

  Craig Welch ( profile ), 14 Mar, 2018 @ 09:51am

  Re: Discovery? Subpoenas?

  What discovery? What subpoenas?
  
  You seem to have confused arbitration tribunals with (especially) the American judicial system.

• On the post: Top Court Throws Out Corporate Sovereignty For All Trade Deals Within EU; Those Involving Other Nations Likely To Suffer Same Fate

  

  Craig Welch ( profile ), 11 Mar, 2018 @ 11:07pm

  Re: Enforceability

  ISDS awards are enforceable because most countries, including the two involved in this dispute, are signatories to the New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958. This means that the claimant could go to a court in another signatory country, and seek enforcement in that country. It would be granted. The claimant could then seize assets of the state in that country.

• On the post: Lawyers Gearing Up To Hit UK With Corporate Sovereignty Claims Totalling Billions Of Dollars Over Brexit

  

  Craig Welch ( profile ), 17 Dec, 2017 @ 10:08am

  Re: Will the UK pay out?

  Consider what's happened in the past when the US was found to be in breach. We basically said, "No," and that was the end. It's actually one reason I'm amazed countries constantly want ISDS agreements with the United States.

  Can you give an example of the US losing an ISDS dispute then saying 'no' to the payout? Ne'er mind, I'll answer for you. You can't.

  I could easily see the UK following the US approach and just dare the companies to follow through.

  Can you give an example of the US 'daring a company to follow through'? No, you can't. Can you explain why the US shit itself when the Keystone ISDS dispute was launched?

• On the post: Top European Court To Consider If EU Countries Can Censor The Global Internet

  

  Craig Welch ( profile ), 18 Aug, 2017 @ 04:34am

  Re: Re: Re: "can"?

  "Funny thing is, the saviour here is probably going to be the good old ISDS provisions".
  
  On what basis do you figure a dispute could be raised under ISDS provisions?

• On the post: Court Sends John Oliver, HBO Back To State Court To Fight Bob Murray

  

  Craig Welch ( profile ), 18 Aug, 2017 @ 04:31am

  Re: Re: West Virginia =/= New York

  "There's at least one case where a Canadian company sued Canada under NAFTA's ISDS rules by first creating a Delaware Corporation."
  
  Which case was that?

• On the post: Aussie Catering Company Pokes Brewery Over Trademark Spat, Now Finds Itself Potentially Losing The Mark Entirely

  

  Craig Welch ( profile ), 01 Jun, 2017 @ 12:58pm

  Re: And another thing

  No they don't.
  
  They have a beer called "My Wife's Bitter"

• On the post: JEFTA: The Latest Massive 'Trade' Deal You've Never Heard Of, Negotiated Behind Closed Doors, With Zero Public Scrutiny

  

  Craig Welch ( profile ), 29 Mar, 2017 @ 02:36am

  Re: Re: Re: Re: So, remind me again, how exactly does ISDS work?

  "Loewen lost this case system working as intended".
  
  I'd hardly call that 'working as intended'. Lowen was certainly in the right, and had been treated disgracefully in national courts.
  
  Further, one of the arbitrators was illegally and immorally 'leaned on' by the US Government.

• On the post: JEFTA: The Latest Massive 'Trade' Deal You've Never Heard Of, Negotiated Behind Closed Doors, With Zero Public Scrutiny

  

  Craig Welch ( profile ), 29 Mar, 2017 @ 02:30am

  Re: Re: So, remind me again, how exactly does ISDS work?

  "All the other manufacturers could band together and bring a case to the ISDS courts for relief "
  
  No they couldn't. There is no ISDS provision anywhere that allows a group to 'band together' to raise an investment dispute.

• On the post: Trademark Censoring: Hungary Considering Banning Heineken Red Star Trademark Because Communism

  

  Craig Welch ( profile ), 29 Mar, 2017 @ 02:27am

  Re: Re: I can see it

  Yes, quite a few. In particular, between Hungary and the Netherlands.

• On the post: Canada-EU Trade Deal Ratified By European Union; Now Needs Approval By All Member States' National Parliaments

  

  Craig Welch ( profile ), 17 Feb, 2017 @ 06:59am

  TPP signed at Atlanta?

  They must be amazing photos. The TPP was not signed at Atlanta.

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