Showing posts with label Trade Law. Show all posts
Showing posts with label Trade Law. Show all posts

Sunday, February 13, 2011

#2 World Bank Carbon Financing

Lesson 2G: The World Bank Carbon Finance Programme, and Prototype Carbon Fund
The World Bank's carbon finance programme is part of a series of initiatives to contribute to the global effort to combat climate change, and to the Bank's mission to reduce poverty and improve living standards in the developing world. The threat climate change poses to long-term development and the ability of the poor to escape from poverty is of particular concern to the World Bank. The impacts of climate change could unravel many of the development gains of the last several decades.
The World Bank is therefore trying to ensure that developing countries and economies in transition can benefit from international efforts to address climate change, including the emerging carbon market for greenhouse gas emission reductions. Their stated mission is to “catalyze a global carbon market through the purchase of high quality emission reductions in climate-friendly projects in developing countries and economies in transition”. The Carbon Finance Programme is the first large scale initiative that seeks to catalyze private sector investments to address a global environmental issue.



Lesson 2G: The World Bank Carbon Finance Programme, and Prototype Carbon Fund
The Prototype Carbon Fund (PCF) is a partnership between 17 companies and 6 governments, managed by the World Bank, which became operational in April 2000. As the first carbon fund, its mission is to pioneer the market for project-based greenhouse gas emission reductions while promoting sustainable development and offering a learning-by-doing opportunity to its stakeholders. The PCF will pilot production of Emission Reductions within the framework of Joint Implementation (JI) and the Clean Development Mechanism (CDM). The PCF will invest contributions made by companies and governments in projects designed to produce Emission Reductions fully consistent with the Kyoto Protocol and the emerging framework for JI and the CDM. Contributors, or "Participants" in the PCF, will receive a pro rata share of the Emission Reductions, verified and certified in accordance with agreements reached with the respective countries "hosting" the projects. Canada has contributed millions of dollars to the PCF, and expected to received certified carbon emission reduction credits to help it meet its Kyoto Protocol targets once the Protocol enters into force.



Lesson 2 Summary
In this Lesson, you learned about the terms and applicability of the United Nations Framework Convention on Climate Change.
You learned about the terms and applicability of the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
You also learned about Joint Implementation and Clean Development Mechanisms.
Finally, you learned about controversies within the international climate change system.

Monday, February 7, 2011

Sugar Tariffs,Canada & Central America

Canada - Central America Four (CA4)

The purpose of Canada's free trade agenda is to enhance its economic prosperity and help provide the foundation for sustainable economic and social development. Canada's regional and bilateral trade agreements are a means to ensure that its exporters and investors have competitive terms of access to international markets. A free trade agreement with the Central American Four countries (Honduras, El Salvador, Guatemala and Nicaragua – the CA4) would strengthen the commercial relationship between Canada and the CA4 countries. An agreement would not only help to preserve the competitive position of Canadian exporters and investors in the region, it would also create new opportunities for growth in these markets.

Monday, January 24, 2011

CISDL-ILA Continuing Legal Education Course in International Law

CISDL-ILA Continuing Legal Education Course in International Law
Welcome to the course page for the following module: Emerging Issues in Trade & Investment Law: Briefing for Canadian Lawyers

This module lasts approximately 5 hours, and allows for 5 CLE credits with the Quebec Bar Association.

In this section, the instructors will present learning modules related to economic growth and prosperity; global, regional and bilateral trade law; international investment agreements; cross-border transactions; and international financial rules and the credit crisis.

Please click on the links below in order to access the course content (video and power point)

Once you have finished the course, please email preynaud@cisdl.org with cc to info@cisdl.org in order to receive your certificate of completion

Monday, January 17, 2011

International Economic Law and Policy Blog: Location Subsidies for Solar Panel Production

International Economic Law and Policy Blog: Location Subsidies for Solar Panel Production

Aided by at least $43 million in assistance from the government of Massachusetts and an innovative solar energy technology, Evergreen Solar emerged in the last three years as the third-largest maker of solar panels in the United States.

But now the company is closing its main American factory, laying off the 800 workers by the end of March and shifting production to a joint venture with a Chinese company in central China. Evergreen cited the much higher government support available in China.

...

China’s real advantage lies in the ability of solar panel companies to form partnerships with local governments and then obtain loans at very low interest rates from state-owned banks.

Evergreen, with help from its partners — the Wuhan municipal government and the Hubei provincial government — borrowed two-thirds of the cost of its Wuhan factory from two Chinese banks, at an interest rate that under certain conditions could go as low as 4.8 percent, Mr. El-Hillow said in August. Best of all, no principal payments or interest payments will be due until the end of the loan in 2015.

By contrast, a $21 million grant from Massachusetts covered 5 percent of the cost of the Devens factory, and the company had to borrow the rest from banks, Mr. El-Hillow said.

Banks in the United States were reluctant to provide the rest of the money even at double-digit interest rates, partly because of the financial crisis. “Therein lies the hidden advantage of being in China,” Mr. El-Hillow said.

Friday, January 14, 2011

Bretton Woods , New Hampshire 1944-1959

The Bretton Woods Conference took place in July 1944, but did not become operative until 1959, when all the European currencies became convertible. Under this system, the IMF and the IBRD were established. The IMF was developed as a permanent international body. The summary of agreements states, "The nations should consult and agree on international monetary changes which affect each other. They should outlaw practices which are agreed to be harmful to world prosperity, and they should assist each other to overcome short-term exchange difficulties." The IBRD was created to speed up post-war reconstruction, to aid political stability, and to foster peace. This was to be fulfilled through the establishment of programs for reconstruction and development.

The main terms of this agreement were:

1.Formation of the IMF and the IBRD (presently part of the World Bank).
2.Adjustably pegged foreign exchange market rate system: The exchange rates were fixed, with the provision of changing them if necessary.
3.Currencies were required to be convertible for trade related and other current account transactions. The governments, however, had the power to regulate ostentatious capital flows.
4.As it was possible that exchange rates thus established might not be favourable to a country's balance of payments position, the governments had the power to revise them by up to 10%.
5.All member countries were required to subscribe to the IMF's capital.
[edit] Encouraging open marketsThe seminal idea behind the Bretton Woods Conference was the notion of open markets. In Henry Morgenthau's farewell remarks at the conference, he stated that the establishment of the IMF and the World Bank marked the end of economic nationalism. This meant countries would maintain their national interest, but trade blocks and economic spheres of influence would no longer be their means. The second idea behind the Bretton Woods Conference was joint management of the Western political-economic order. Meaning that the foremost industrial democratic nations must lower barriers to trade and the movement of capital, in addition to their responsibility to govern the system.

[edit] The Bank for International Settlements controversyIn the last stages of the Second World War, in 1944 at the Bretton Woods Conference, the Bank for International Settlements became the crux of a fight that broke out when the Norwegian delegation put forth evidence that the BIS was guilty of war crimes and put forth a motion to dissolve the bank; the Americans, specifically President Franklin Delano Roosevelt and Henry Morgenthau, supported this motion. This resulted in a fight between, on one side, several European nations, the American and the Norwegian delegation, led by Henry Morgenthau and Harry Dexter White; and on the other side, the British delegation, headed by John Maynard Keynes and Chase Bank representative Dean Acheson, who tried to veto the dissolution of the bank.

The problem was that the BIS, formed in 1930, had as the main proponents of its establishment the then Governor of the Bank of England, Montagu Norman, and his colleague Hjalmar Schacht, later Adolf Hitler's finance minister. The Bank was as far as known, originally primarily intended to facilitate money transfers arising from settling an obligation from the peace treaty after WWI. After World

Friday, January 7, 2011

CTV News | At the gates of Europe: Canada's top negotiator on EU free-trade

CTV News | At the gates of Europe: Canada's top negotiator on EU free-trade
Pro- EU Free Trade by CTV news
Overcoming foreign trade restrictions remains a challenge for Canadian business. In Europe, a free-trade deal, currently being negotiated with Canada, could open up service sectors to Canadian companies, reduce barriers to investment and provide transparent rules and processes. All are changes that could prove helpful to small and medium sized businesses, says Steve Verheul, Canada’s chief negotiator for the pact.

“We would be the only developed country with this kind of access into the EU,” he says.

Mr. Verheul, 50, has been Canada’s chief negotiator since free-trade talks with Europe started in May, 2009. His goal, he says, is for the deal to be broader than the North American Free Trade Agreement and “deeper in ambition.”

Why such a broad and deep free trade deal with Europe?

It’s something we’ve been wanting for a long time. Someone said it goes back 30 years. We obviously rely quite heavily on the U.S. market and there’s been an interest in diversifying into other markets. The European market is the largest, wealthiest single market in the world. Plus, we have a lot of cultural and historical ties with Europe. It made it a natural ally for a free-trade agreement.

Where are the negotiations at?

We’ve been through five rounds of negotiations; we’ve got two more planned for early next year. We’re anticipating concluding the negotiations later in the year. We’ve

SSRN-Harmonizing Climate Change and International Investment Law: Threats, Challenges and Opportunities by Daniel Firger

SSRN-Harmonizing Climate Change and International Investment Law: Threats, Challenges and Opportunities by Daniel Firger

Columbia University: New York Climate Change Law
Abstract:
This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to climate finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global agreement on climate change, states are initiating a host of national, bilateral and regional initiatives to encourage certain kinds of foreign direct investment (FDI) flows in the hope of catalyzing low-carbon growth. These sorts of strategies will benefit from a flexible and responsive set of rules governing climate-friendly FDI, something the international investment law regime is uniquely positioned to provide. Meanwhile, international investment law is itself undergoing a transformation of sorts, as more serious consideration is given to the environmental and social impacts of foreign investment and as global capital flows become increasingly multidirectional, calling into question longstanding distinctions between FDI host countries and the home countries of investors. Rather than signaling conflict, recent trends in climate policy and international investment law indicate that both regimes are entering a new phase characterized by coordination, harmonization, and mutual learning. This chapter maps this emerging territory and identifies key opportunities to shape the interaction between the two disciplines.
Working Paper Series

Date posted: January 03, 2011
Suggested Citation

Firger, Daniel M., Harmonizing Climate Change and International Investment Law: Threats, Challenges and Opportunities (December 15, 2010). Available at SSRN: http://ssrn.com/abstract=1733985


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Contact Information
Daniel M. Firger (Contact Author)
Columbia Center for Climate Change Law ( email )
435 West 116th Street
New York, NY 10027
United States

HOME PAGE: http://www.columbiaclimatelaw.com

New York University (NYU) - School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States

CETA and Council of Canadians

I should preface this by saying that I have some respect for the C of C and that as far as Canadian activists groups go they easily surpass the others in term of organizational skills, clarity in communication, etc. I do not think, however, that a petition is the best way to lead a fight against CETA. Given the paucity of corporate coverage on CETA, it would seem a more aggressive campaign would be required. For example, I notice the Winnipeg chapter has a facebook page to which they load videos. It might be an idea for them to do on the street interviews/video push-polls which ask people about what they know of CETA, whether they know it would prevent Canada from makings its own solar panels, windmills and practically force Canada to import them. This would encourage people to discuss the issue and promote C of C's websites, materials, etc.

I would be curious to know if there are any C of C members here on rabble/babble and what they think.
- by 2dawal rabble January 7th,2011

Common Ground - November 2010 CETA /Agriculture

Common Ground - November 2010
The fourth round of negotiations over a new trade agreement between Canada and Europe – CETA (Comprehensive Economic and Trade Agreement) – took place in Ottawa last month and yet few Canadians have even heard of this trade deal. Many Canadians might expect a trade deal with Europe to be a progressive step forward, but, in this case, the opposite is true. The trade deal threatens to give biotech, pharmaceutical, pesticide and seed and grain companies powerful new tools to force farmers to buy gene-patented seeds at high prices. Worse, it will almost entirely eliminate the rights of farmers to save, reuse, exchange and sell seed.

This so-called bilateral agreement between the European Union and Canada is, in reality, a deal between Canada and the 27 member states of the European Union and, as such, it is hardly bilateral. That being said, the European Commission is negotiating this trade deal on behalf of EU member states and aggressively pushing an extreme right-wing agenda. Coupled with strong Canadian leanings in the same direction, the agreement is providing a platform for our government to bring forward legislation that would likely never pass on its own. Essentially, CETA is a “lets get it in the back door” approach from both sides of the Atlantic. This is exacerbated because the negotiation process is semi-secret where the “parties” have agreed not to disclose the content of the text while negotiations are in progress.

The National Farmers Union was able to obtain a leaked draft text

Monday, January 3, 2011

Metalclad vs. Mexico, Toxic Waste and NAFTA | Solidarity

Metalclad vs. Mexico, Toxic Waste and NAFTA | Solidarity
Metalclad vs. Mexico, Toxic Waste and NAFTA
— Gerard Greenfield
LAST AUGUST 25 the NAFTA Tribunal for the case of Metalclad Corp vs. Mexico ruled in favor of Metalclad, ordering the Mexican government to pay US$16.7 million in compensation. It is the first ruling in an investor-to-state lawsuit under NAFTA.

In October 1996, Metalclad Corporation, a U.S. waste-disposal company, accused the Mexican government of violating NAFTA's Chapter 11 when the state of San Luis Potos<161> refused it permission to reopen a waste disposal facility.

The state governor ordered the site closed down after a geological audit showed the facility would contaminate the local water supply. The governor then declared the site part of a 600,000-acre ecological zone. Metalclad claimed that this constituted an act of expropriation and sought US$90 million in compensation.

All of these cases are based on the "rights" of investors guaranteed in NAFTA's Chapter 11, where a broad definition of "expropriation" is combined with the right of investors to directly sue governments for compensation (under "investor-to-state" dispute resolution).

A September 1 article in The Globe & Mail on the Metalclad ruling (again) drew attention to the threat posed by Chapter 11 to government regulations protecting the environment and public health. This may even add to the ongoing (though low-key) debate on whether the wording of investment rules should be revised.

In Boeing-Airbus Rivalry, Hidden Hand of Diplomats - NYTimes.com

In Boeing-Airbus Rivalry, Hidden Hand of Diplomats - NYTimes.com

Each of these government leaders had one thing in common: they were trying to decide whether to buy billions of dollars’ worth of commercial jets from Boeing or its European competitor, Airbus. And United States diplomats were acting like marketing agents, offering deals to heads of state and airline executives whose decisions could be influenced by price, performance and, as with all finicky customers with plenty to spend, perks.

Sunday, January 2, 2011

WTO Airbus Dispute

International Economic Law and Policy Blog: Report on the Second Oral Hearing in the WTO Airbus Dispute

Report on the Second Oral Hearing in the WTO Airbus Dispute
Here's more reporting on the WTO Appellate Body oral hearings in the Airbus dispute, by Malorie Schaus (malorie.schaus [at] graduateinstitute.ch) and Tobiasz Kaczor (tobiasz.kaczor [at] gmail.com) of the Graduate Institute in Geneva. This is their report of the participants' and third participants' oral statements and the second oral hearing: http://www.worldtradelaw.net/abhearings/WTO-Airbus-Case-Second-Hearing.pdf Thanks to both of them for all their hard work!

Posted by Simon Lester on January 02, 2011 at 08:21 AM in Airbus - Boeing Dispute | Permalink
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Thursday, December 30, 2010

About ICO2N | ICO2N

About ICO2N | ICO2N

ICO2N is the Integrated CO2 Network, a group of Canadian companies representing multiple industries, including coal and the oil sands. All ICO2­N member companies have a strong interest in and a commitment to develop Carbon Capture and Storage (CCS) in Canada.

For five years the group has been working to accelerate CCS deployment as a means of reducing CO2 emissions, and fundamentally transforming the way Canada can develop and use its fossil fuel energy resources in a sustainable way.

ICO2N has completed extensive technical, economic and policy analysis on CCS, and developed its own unique economic model of large-scale CCS in Canada.

ICO2N works with multiple levels of governments, industry partners, academia and environmental organizations to advance CCS as a tool to ensure a clean and secure energy future, and is an advocate for the development of integrated CCS infrastructure.

BITs ,NAFTA, ECT

There are currently about 2,600 bilateral investment treaties (BIT's)in force,(see
last checked 26 November 2010.
plus a number of multilateral treaties that include investment chapters such as NAFTA or the Energy Chater Treaty (ECT)(1994)- all of which resort under the common denominator "International Investment Agreements"(IIAs)

Legal Aspects of Sustainable Water Management

Legal Aspects of Sustainable Water Management

CISDL Legal Research Fellow Anna Russell co-authored a legal working paper on access to water and integrated water resource management, forming the basis for a very well-subscribed course for delegates to the United Nations Commission on Sustainable Development in 2005, New York, and Panel Event. UN Water has invited the CISDL to develop a ‘Guidance Note’ for countries seeking to draft and implement new laws on water management, and there is potential for a collaborative seminar and special issue on these questions with the Revue quebecoise de droit international. In 2006-2007, the CISDL developed a working paper for CIDA on Canada’s legal obligations in the area of international policy on water. This working paper led to the recommendation to organize a workshop to further investigate several key issues, such as obligations to act in accordance with regional agreements on water when conducting development work in developing countries, and international customary principles related to water, and a proposal is being submitted to CIDA to carry out this work.

Carbon Trading for Sustainable Development

Marie-Claire Cordonier Segger and Markus Gehring, Trade and Investment Implication of Carbon Trading for Sustainable Development