Subject: CTE and Investment treaty
The Nation
Wed, Dec 11, 1996

Proposed treaty for investments assailed

BY JAMES FAHN

   SINGAPORE ­ Representatives of non-governmental organisations (NGOs)
   yesterday voiced strong opposition to the adoption or even the
   examination of a multilateral investment agreement (MIA) by the World

   Trade Organisation (WTO), arguing that it would seriously hamper
   efforts to guide development.

   ''This is the most important and controversial issue being debated by
   governments here at the WTO ministerial conference," said Martin
    Khor,  director of the Penang-based Third World Network. ''The multilateral
   agreement on investment would deprive governments of their rights to
   control foreign investment."

   As currently proposed, an investment agreement under the WTO would
   grant investors the right to invest their money in any member country
   and in any sector except security areas. Foreign investment projects
   would have to be granted national treatment, meaning they would be
   accorded the same rights as domestic investment projects.

   According to Khor, this would require developing countries to allow,
   among other things, 100 per cent foreign ownership of companies, the
   free flow of capital ­ including repatriation of profits ­ and
   non-discrimination against foreigners in other areas, for instance in
   owning land, paying taxes or the protection of property.

   MIA supporters at the WTO ministerial conference in Singapore, with
   the European Union foremost among them, are proposing that a working
   group be set up to study the relationship between trade and
   investment.

   Thai delegates, meanwhile, are decidedly ambivalent about the
    proposed investment agreement, neither strongly opposing it nor supporting it.

   ''Some Asean colleagues say we shouldn't discuss it at all, and
    others say we shouldn't have a multilateral agreement, but it's okay to talk
   about it," said Deputy Prime Minister Amnuay Viravan on Monday. ''We
   [the Thai government] won't accept national treatment [of foreign
   investment]."

   ''A treaty on investment is not really necessary because there is
   already strong demand from countries for a limited amount of
   capital," Commerce Minister Narongchai Akrasanee said yesterday, implying that
   competition among countries for foreign investment would ensure that
   investors are treated fairly. ''However, if they [developed
   countries] want to study it, we are willing to study it," he added.

   Khor said that the WTO is split over the MIA. Some want to see it
   passed, others are willing to discuss the links between trade and
   investment, and about 15 to 20 countries oppose the agreement and say
   such links should be discussed instead by the United Nations
   Conference on Trade and Development, which has a broader mandate than
   the WTO, and where decisions are non-binding.

   Khor, along with many NGOs from developing countries, favour the
   latter option.

   ''The MIA would go against the whole fabric of how a country builds
   itself," he said. ''Investment is separate from trade, so the same
   regime should not automatically apply."

   Khor predicted that the issue of the multilateral investment
   agreement will become the most crucial debate within the WTO over the next five
   to 10 years.

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