>>11016620
Canadian governments are locked in for a generation. If Canada finds the deal unsatisfactory, it cannot be cancelled completely for 31 years.
China benefits much more than Canada, because of a clause allowing existing restrictions in each country to stay in place. Chinese companies get to play on a relatively level field in Canada, while maintaining wildly arbitrary practices and rules for Canadian companies in China.
Chinese companies will be able to seek redress against any laws passed by any level of government in Canada which threaten their profits. Australia has decided not to enter FIPA agreements specifically because they allow powerful corporations to challenge legislation on social, environmental and economic issues. Chinese companies investing heavily in Canadian energy will be able seek billions in compensation if their projects are hampered by provincial laws on issues such as environmental concerns or First Nations rights, for example.
Cases will be decided by a panel of professional arbitrators, and may be kept secret at the discretion of the sued party. This extraordinary provision reflects an aversion to transparency and public debate common to the Harper cabinet and the Chinese politburo.
Differences between FIPA and the North American Free Trade Agreement may offer intriguing loopholes for American lawyers to argue for equal treatment under the principle of Most Favoured Nation.