Better Than the
Multilateral Agreement on Investment
(MAI)
This article examines just one of many reasons why the MAI should be
stopped. It then suggests an alternative form of agreement that would better
serve the world. This approach may be helpful to anyone fighting the MAI.
Please pass it on.
The MAI Would Help Companies Avoid External Costs
To avoid disastrous consequences it is necessary to account for resource
depletion, pollution and social break-down. Until we acknowledge that these
things threaten our well-being, development will proceed as though it can
do no harm and it will destroy us. The MAI would make it difficult to acknowledge
these costs and impossible to insist that they be paid.
Externalities are costs which can be avoided. They are different from
the costs of materials, labour and the use of space, which have to be paid
and are always included in the price of products. Costs resulting from resource
depletion, pollution or social break-down do not have to be paid unless
payment is required by some authority. At present, it is common practice
to enhance competitiveness by ignoring as many externalities as possible.
Including external costs in the price of goods would either provide
money to correct the problems caused, or would discourage the problematic
activity. Either way, the system would be more responsible. If these costs
are not paid as an expense of the production process that causes the problems,
public tax money has to be used, or the problems become our legacy to the
next generation.
The MAI aids the avoidance of externalities in two ways.
The Race to the Bottom
The purpose of international trade agreements is to make it easier for
corporations and other investors to move around the world. The greater the
mobility, the more selective these interests can be. If a country chooses
to tax profits, legislate high environmental or labour standards, or do
any thing else that might cut into profits, investors can move to a country
that is less demanding.
As a result there is enormous pressure to lower standards to attract
investment. Since Canada started signing onto international trade agreements,
many environmental laws have been diluted and enforcement has been substantially
reduced. In addition, labour conditions are depreciating as employers threaten
to relocate if workers don't make concessions.
Under the evolving global trade regime it is unlikely any country will
risk decreasing its competitiveness by requiring investors to take responsibility
for the external costs they incur. For making it easier to dump these costs
on future generations, the MAI and other trade agreements should be condemned.
The MAI Makes Legislating Responsibility
for Externalities Illegal
The implications of the "Investment Protection" provisions
in Section IV of the MAI could make environmentally and socially responsible
legislation illegal. If such legislation cuts into profits in any way it
could be challenged as "expropriation without compensation".
The definition of "investment" in the MAI is extremely broad.
It covers "every kind of asset owned or controlled, directly or indirectly,
by an investor," including real property, moveable and immovable property,
tangible and intangible property, intellectual property, claims to money
and performance, contracts, and more.
In the relatively simple example of land being expropriated for building
a road, the issue of compensation is clear cut. The previous owner of the
land is due compensation for lost property. However, when the "property"
expropriated is the possibility of making money on something and the expropriation
is in the form of a law saying that the proposed activity cannot be carried
out because it is contrary to values of resource conservation, consumer
protection, health, safety, or the like, the issue is much more complex.
Traditionally when a corporation or person feels their interests have
been unjustly diminished by a law, they would sue the government. In court,
the various values would be weighed against each other. The process would
be open to citizens' input and to interpretation by the government in accordance
with its democratic mandate. The value of potential profit, although represented,
would have no special privilege over other values.
With the MAI, it would be quite different. The company would sue, not
through an accountable government process, but through the MAI itself. The
decision would be made in secret by an appointed panel to which no citizens'
submissions would be allowed. Even if the panel were inclined to give weight
to values such as environment or public health protection, there is no legal
basis in the MAI for them to do so.
The MAI text does, however, allow the panel to fine offending nations
and to require them to change their law(s). (For more
details)
Without control over the laws of the land, elected governments would
be reduced to the role of tax collectors, skimming the wealth of nations
to pay interest to new feudal lords.
Change Based on Misconception
Removing trade and investment barriers is supposed to increase prosperity
by making it easier to make money. The making money part appears accurate.
Gross world product is rising. It is the increased prosperity that is an
illusion (a 'Big Lie' to use the historical phrase). Some interests are
getting unbelievably wealthy while a large portion of the population is
finding that its economic standard of living is falling. Applying The Market
ideology can increase wealth, but the system contains no mechanism or principle
for distributing the gains.
The trickle down theory which has posed as a mechanism for distributing
new wealth is practically irrelevant today. Decades of automation and comprehensive
efforts to reduce taxes, increase efficiency and downsize have plugged the
leaks that previously helped wealth return to the communities from which
it is derived. The lions share of new wealth is securely retained by those
who are already wealthy.
What is the purpose of cutting back on education, health care and environmental
protection when there is more wealth in the world than ever before?
Another Sort of Multilateral Agreement
It may be time for a global constitution. It would be an historic step,
a land mark in the maturation of our species. It is not a step that should
be taken lightly or in haste. The MAI is being pushed through at an alarming
pace. It focuses only on the interests of international investors and neglects
other matters of importance to civilization and human well-being.
In a complex world, any change in the order of things creates winners
and losers. The MAI proposes extensive reordering; it's impact would be
immense.
Who will gain from the changes?
Who will lose?
Why should the benefits and costs be distributed as proposed?
The MAI is based on a system of values that takes into account nothing
but the flow and growth of money. It seeks to entrench this value system
in a long term, legally binding regime. This is unacceptable.
There is another agenda. Over the last fifty years nations have met
together to develop covenants, treaties and conventions in the interest
of all humankind.
To date, through slow, open and accountable processes, the nations of
the world have made commitments to the following:
- to promote and fully guarantee respect for human rights and social
justice;
- to ensure the preservation and protection of the environment;
- to create a global structure that respects the rule of law;
- to achieve a state of peace; justice and security , and
- to enable socially equitable and environmentally sound development.
These agreements provide a solid foundation from which to pursue unifying
rules of fair conduct. The MAI, would effectively nullify the hard work
that has gone into them.
If there is to be a Multilateral Agreement it needs to include not just
economic efficiency (narrowly defined as maximizing profits), it needs to
include:
- democratic rights
- recognition that everyone needs to participate in the economy,
- competition policy
- corruption policy
- indigenous rights
- a global tax authority
- the regulation of currency speculation and
- safeguards for labour
- safeguards for environment
- safeguards for resources supplies
(For more details see: Citizens' Treaty of Corporate
and State Compliance.
If the Multilateral Agreement being pursued were founded on these values,
disadvantaged and average people would benefit. Future generations would
benefit. The loss would be to profits, but the losers, although remaining
fabulously wealthy, could also share in passing onto their children a world
of hope.
Why should we have agreements freeing investors to roam the planet looking
for the lowest taxes and the lowest standards for environment and labour?
These are not poor institutions in need of a break. Many have more wealth
than most nations. The MAI could as easily require international companies
to take with them the highest labour and environmental standards existing
- to practice responsible global citizenship rather than sinking into the
role of pirates exploiting weakness wherever they find it?
If the MAI required investors to abide by the highest most responsible
standards when they seek investment opportunities in other countries, the
whole world could aspire to high standards and truly benefit from investment.
The 'playing field' would be 'leveled', and civilization could remain standing
upright.
For extensive additional information on the MAI and links to many of
the efforts to have it stopped, see: (www.flora.org/mai-not)