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When legal experts finally saw the terms of the investment deal Canada had signed with China, they could hardly believe what their eyes. The deal was unprecedented -- Canada had never given so much away to a trading partner. But Ottawa did not allow a full public review, and ultimately ratified the deal in 2014 with no changes. And the government moved forward with other trade deals that contain many of the same flaws. In this book, investment treaty expert Gus Van Harten offers the first-ever independent take on the details of the China-Canada investment deal and what it means for Canadians. Many of the deal's provisions are so extreme that readers may find it almost impossible to believe that the Canadian government agreed to them. He explains how this agreement, and others like it, give multinational corporations and rich investors superpowers over governments. Secretive courts staffed by private lawyers, not judges, are able to order governments to pay these investors billions for policies and decisions they object to. In simple language and easy to follow analysis, Van Harten offers a window into this secretive and obscure world. He documents the many ways Canadians lose out in the China-Canada deal, and how taxpayers may find themselves footing the bill for billions of dollars to Chinese investors who object to the actions of democratically-elected municipal, provincial and federal governments. This deal -- in place for a minimum 15 years -- includes terms that may well turn up in other trade and investment agreements. Gus Van Harten offers practical steps for a better, more informed public debate on this vital topic.
A New York Times Notable book, this memoir by a journalist who lived in a small city in China is “a vivid and touching tribute to a place and its people” (Kirkus Reviews, starred review). In the heart of China's Sichuan province, amid the terraced hills of the Yangtze River valley, lies the remote town of Fuling. Like many other small cities in this ever-evolving country, Fuling is heading down a new path of change and growth, which came into remarkably sharp focus when Peter Hessler arrived as a Peace Corps volunteer, marking the first time in more than half a century that the city had an American resident. Hessler taught English and American literature at the local college, but it was his students who taught him about the complex processes of understanding that take place when one is immersed in a radically different society. Poignant, thoughtful, funny, and enormously compelling, River Town is an unforgettable portrait of a city that is seeking to understand both what it was and what it someday will be. “This touching memoir of an American dropped into the center of China transcends the boundaries of the travel genre and will appeal to anyone wanting to learn more about the heart and soul of the Chinese people. Highly recommended.” —Library Journal “This is a colorful memoir from a Peace Corps volunteer who came away with more understanding of the Chinese than any foreign traveler has a right to expect.” —Booklist
Chronicle of the author's adventures following the often difficult course of the Yangtze River in China, providing a portrait of the vast country, its history, politics, geography, climate, and culture.
This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.
Since the 2008 economic meltdown, market-driven globalization has posed new challenges for governments. This collection introduces the innovative concept of “grey zones” of global governance, where international rules are bent or ignored. These zones are significant, contested spaces for state policy and market behaviour to interact with respect to trade, the environment, food security, and investment. Powerful incentives exist in the global economy for states to harmonize their policies through trade and investment agreements. But grey zones both promote uniformity in many areas of public life and facilitate diverse forms of capitalism in market societies. They enable governments to balance national and global economic benefits as they advance their core interests. At a time of growing nationalist sentiment, Grey Zones in International Economic Law and Global Governance explores creative local engagement with international economic law and offers a bold new way to understand public concerns about international trade and investment, food security, green energy, subsidies, and anti-dumping actions.
Criticism. Doubts. Second thoughts. Although investor-state arbitration (ISA) has been included in investment agreements between developed and developing countries since the 1960s, and provided foreign investors with a kind of private justice against developing world host states, it became increasingly controversial in developed countries when it was included in NAFTA in 1993, creating the possibility of ISA claims between and against two developed countries (the United States or Canada), as well as claims against and by a developing state (Mexico). A few years later, the OECD’s attempt to finalize the Multilateral Agreement on Investment was stymied by concerted civil society protest and opposition to ISA, and in recent years each new proposed agreement has sparked fresh rounds of protest. What engenders the controversy about ISA? While ISA’s advantage is that it prevents escalation of international conflict by relieving states from feeling obliged to espouse claims of injured investors against foreign governments, it is criticized for creating regulatory chill whereby states are reluctant to make necessary public policy reforms for fear that changes to the investment environment will lead to expensive investor claims. Are fears of litigation and expensive payouts well founded? Can key modifications to the ISA system, such as those added to the Comprehensive Economic and Trade Agreement satisfy critics and redeem this system of private justice? Is ISA really necessary between developed democracies where an independent and professional judiciary can generally be trusted to decide without fear or favour? In Second Thoughts: Investor-State Arbitration between Developed Democracies, 16 international investment legal experts have undertaken in-depth analyses of ISA’s economic, political, and social impacts when included in agreements between developed democracies. This timely volume appears at a critical moment, seeking answers to the crucial questions that will determine the next generation of international investment agreements.
In Sold Down the Yangtze, investment treaty expert Gus Van Harten offers a searing critique of Canada's 31-year investment deal with China, which could end up costing taxpayers billions of dollars. The Harper Government finalized the controversial Canada--China Foreign Investment Promotion and Protection Agreement in September 2014. As a warning to Canadians, Gus Van Harten describes how the agreement favours China and puts public money and democratic institutions at risk. He debunks the error-ridden claims of the agreement's promoters--from big-time media commentators to foreign investment lawyers to federal trade officials--who helped rush Canada into a long-term, lopsided deal.Van Harten also points to other massive "foreign investment" deals slated for Canada and beyond, and to the ominous power lying at the heart of them all. The thoroughly researched, rigorous argument of Sold Down the Yangtze broadcasts a troubling global trend, while offering hope and practical steps for a better, more informed future.
Captain Glenn F. Howell kept a detailed account of his activities in China for 62 years. His journals now make up 202 leather-bound volumes--one of the largest sources in existence, perhaps the largest, of servicemen's observations of service in China during that country's struggle to oust one power and come to grips with a new one between World War I and II. This work presents Howell's diary from June 6, 1920, to September 23, 1921, during which time he commanded the naval gunboat USS Palos on the Yangtze River. First comes a biography of Howell, an overview of Chinese history from 1800 to 1920, and a history of the United States military involvement in China during those years. Howell's time as commander of the USS Palos is divided into three sections. Preceding each, the editor comments on the nature of the upcoming diary entries. Howell covers a range of topics, including the Chinese people, various important locales (e.g., the Three Gorges), making official visits, (his first as a captain), officer-enlisted man relations, opium, the steam navy, people who influenced him (S. Cornell Plant and Captain Joseph Miclo, skipper of the Meitan), missionaries and other foreigners in China (including U.S. military retirees), and "trackers" (China's human beasts of burden.)
This deeply researched book describes one of the great forgotten battles of the 20th century. At its height it involved nearly a million Chinese and Japanese soldiers, while sucking in three million civilians as unwilling spectators and, often, victims. It turned what had been a Japanese adventure in China into a general war between the two oldest and proudest civilizations of the Far East. Ultimately, it led to Pearl Harbor and to seven decades of tumultuous history in Asia. The Battle of Shanghai was a pivotal event that helped define and shape the modern world. In its sheer scale, the struggle for ChinaÕs largest city was a sinister forewarning of what was in store for the rest of mankind only a few years hence, in theaters around the world. It demonstrated how technology had given rise to new forms of warfare, or had made old forms even more lethal. Amphibious landings, tank assaults, aerial dogfights and most importantly, urban combat, all happened in Shanghai in 1937. It was a dress rehearsal for World War IIÑor perhaps more correctly it was the inaugural act in the warÑthe first major battle in the global conflict. Actors from a variety of nations were present in Shanghai during the three fateful autumn months when the battle raged. The rich cast included China's ascetic Generalissimo Chiang Kai-shek and his Japanese adversary, General Matsui Iwane, who wanted Asia to rise from disunity, but ultimately pushed the continent toward its deadliest conflict ever. Claire Chennault, later of ÒFlying TigerÓ fame, was among the figures emerging in the course of the campaign, as was First Lady Eleanor Roosevelt. In an ironic twist, Alexander von Falkenhausen, a stern German veteran of the Great War, abandoned his role as a mere advisor to the Chinese army and led it into battle against the Japanese invaders. Written by Peter Harmsen, a foreign correspondent in East Asia for two decades, and currently bureau chief in Taiwan for the French news agency AFP, Shanghai 1937 fills a gaping chasm in our understanding of the Second World War.