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Monday, January 30, 2012

China could have sued

"If the New Zealand government had declined the Shanghai Pengxin purchase of the Crafar farm it could have faced an international law suit for breaching its free trade agreement with China, says University of Auckland law professor Jane Kelsey.
‘When China’s politicians warned New Zealand politicians last year that the agreement was a two way street it is clear they were referring to their rights as foreign investors under the so-called “trade” treaty.’"

Jane Kelsey makes it clear that there are serious problems with the Chinese purchase of New Zealand farmland, and with the manner in which Key is playing with our sovereignty.

"‘The government would have pulled out all the stops to avoid a Chinese investor supported by the Chinese State taking it to international arbitration for breaching the FTA, even if it felt it was on strong legal ground.’
‘Such a dispute would have huge ramifications for New Zealand’s diplomatic and economic relationship with China.’
‘It would also cast a spotlight on the even greater risks of the more extensive foreign investor rights proposed for the Trans-Pacific Partnership Agreement (TPPA), a debate that the government is desperate to avoid.’
According to Professor Kelsey ‘the US is demanding much stronger protections for its would-be investors in the TPPA than China secured and the Key government has apparently rolled over and agreed to them, unlike Australia’.
‘The popular angst being channelled towards the Chinese needs to become a more principled opposition to deals that sign the sovereignty of our resources over to foreign corporations and who can sue the government in offshore courts if they don’t get their way.’"

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