CETA could devastate efforts to enact progressive legislation on housing, health, labour, env & climate.
is not obliged to ratify CETA and there is no compelling rationale in favour of doing so!
The investment chapter of CETA [allowing companies to sue countries] will only come into effect if the agreement is ratified by all 27 EU member states - including Ireland.
"Fear of such claims arising would act to inhibit the state from imposing what citizens might consider appropriate future regulatory mechanisms in key areas." https://www.foe.ie/blog/2020/12/13/why-im-urging-tds-to-postpone-the-vote-to-ratify-ceta-the-eucanada-trade-deal/
The Order of Business for the Dail this week indicates a Government motion on Tuesday 15th to ratify the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada, including its...https://www.foe.ie/blog/2020/12/13/why-im-urging-tds-to-postpone-the-vote-to-ratify-ceta-the-eucanada-trade-deal/
What might this mean in practice?
If were to enact legislation which could impact landlords (eg laws to prevent rent ), IRES could try to sue for compensation
Novartis, who held a monopoly over the threatened to sue in an arbitration investment tribunal.
dropped plans to break up their monopoly.
Veolia eventually lost - after 6 years and millions spent in costs by Egypt. https://isds.bilaterals.org/?veolia-loses-isds-case-against
Veolia has finally lost its claim against Egypt over a waste management contract dispute in which they claimed compensation for an increase in the minimum wage under a new labour law.https://isds.bilaterals.org/?veolia-loses-isds-case-against
Mining has devastating impacts on wildlife & public health. If CETA is ratified, the Irish govt may not intervene for fear of an expensive lawsuit.
In 2019, the Court of Justice of the EU published an opinion confirming that CETA is compatible with a very narrow aspect of EU law.
However, the govt must look beyond what is legal to what is clearly desirable. There is nothing desirable about ICS!
CETA refers to the PA but offers no legal guarantee that companies won't take legal action against countries for implementing the PA.
It would be up to the tribunal of the Investor Court to decide how relevant the PA is. https://www.irishexaminer.com/opinion/commentanalysis/arid-40191654.html
As of 2018, govts had paid out $88 billion to corporations resulting from investor court rulings. https://10isdsstories.org/isds-primer/
ICS is a one-way judicial system that could enable companies to try to pursue lawsuits against states to protect their profits.
States cannot hold companies accountable through these courts.
While in opposition @EamonRyan said CETA would "give big business power over governments and our courts and that the deal offers no certainty of protection of environmental rights." https://greennews.ie/opposition-politicians-call-for-dail-to-reject-rotten-ceta/
Green Party leader Eamon Ryan said he will be urging his TDs and members to change their minds on the EU’s Comprehensive Economic Trade Agreement (CETA) with Canada.https://www.independent.ie/irish-news/politics/eamon-ryan-says-he-will-urge-green-tds-to-change-their-mind-on-ceta-39865279.html