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The China Free Trade Agreement explained

  • July 29th, 2013

Do you need to understand FTA complexities in detail?

My colleague Rob Ogilvie has drawn my attention to an excellent paper, Uncertain Opportunities: Chinese Investors Establishing Investments in New Zealand by Paul Comrie-Thomson published by the NZ Contemporary China Research Centre of Victoria University this year.

I commend it to the Labour Party research unit.

Their Leader said this evening to NewsTalk ZB's Susan Wood that his colleagues responsible for the China FTA tell him it was not meant to prevent NZ from barring investment it does not want.

If that was what they meant, it is not what they signed. They should read Mr Comrie-Thomson's paper. There may be room as "Michael" and others have argued in comments on my previous post, to protect an Australian privilege under CER 1983, but it will not be straightforward. More importantly the proposed prohibition is simply not permitted by our ASEAN FTA ( as well as the Malaysian FTA mentioned in the previous post).

The sooo boring detail of deals that stitch us up may have eluded the politicians who actually signed them, but until they are properly understood Mr Shearer, stop digging.

Comments

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  • Michael
  • July 29th, 2013
  • 10:15 pm

I think the parts in the paper about MFNs and how bits of future agreements get automatically included in prior ones is worth a read in itself.

Interesting this too: “This indicates that if the Overseas Investment Act were wound back to
become more restrictive, New Zealand would be in contravention of its
obligations in its IIAs.
So seems like no more nationalistic protection measures on sensitive land.

I dont know how Paul thinks we will get foreign investors more consistent certainty/transparency with the OIA without there somehow being a perceived increase in restrictions to some investor and thus putting NZ in breach of an FTA

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  • Michael
  • July 29th, 2013
  • 10:37 pm

ps thanks for the acknowledgement

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  • Michael
  • July 30th, 2013
  • 9:20 am

I had a look at the Malaysia FTA and although yes it does give them as a businessman the right to be at an auction, the agreement still allows a party to bring in any new measure that affords a third party (Australians) differential treatment (in investment) that existed prior to its signing.So perhaps they could purchase the investment though.

The one i find more interesting is the ASEAN one which of course includes Malaysia too.
I havent read it thoroughly but it does have this provision on reservations regarding NT saying “(National Treatment), and in the case of Lao PDR Article 5 (Prohibition of Performance Requirements), do not apply to any measure that a Party adopts or maintains with respect to sectors, sub-sectors, or activities, as set out in its Schedule to List II.”

I havent found any clause relating to previous agreements and differential treatment

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  • Michael
  • July 30th, 2013
  • 9:22 am

whops meant to write “So perhaps they couldnt purchase the investment though”

I cant find Schedule to list II……

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