Obama Undermines Climate Efforts in Solar Trade Dispute:

[Baobab]

Last edited Sun Feb 28, 2016, 02:15 AM - Edit history (1)

Obama Undermines Climate Efforts in Solar Trade Dispute:
http://www.iatp.org/blog/201602/obama-undermines-climate-efforts-in-solar-trade-dispute

"India’s solar initiative, known as the Jawaharlal Nehru National Solar Mission (JNNSM), is designed to boost the nation’s renewable energy use and create local, green jobs. India’s program requires the purchase of domestically manufactured solar cells and modules in order for companies to receive a variety of government benefits, including favorable rates for electricity purchases. The U.S. Trade Representative charged that India’s “local content requirements” violate WTO national treatment obligations (which require foreign firms to be treated the same as domestic firms). The WTO agreed."


"In responding to the WTO ruling, U.S. Trade Representative Michael Froman issued a warning to other governments attempting to support local, green businesses: “This is an important outcome, not just as it applies to this case, but for the message it sends to other countries considering discriminatory `localization’ policies.”

[Kittycat]

1. Corporate rights: NAFTA & TPP

Further down

The WTO ruling comes on the heels of a major trade-related attack on U.S. attempts to address climate change. Last month, TransCanada sued the U.S. for $15 billion under special corporate rights provisions of the North American Free Trade Agreement (NAFTA), charging that the Obama Administration’s rejection of the controversial Keystone Pipeline was unfair and discriminatory. The Keystone XL pipeline would have transported tar sands oil extracted from Alberta, Canada through rural land in Montana, South Dakota and Nebraska into Steele City, where it connects to existing pipelines to send tar sands oil to refineries in the Gulf Coast.

The special corporate rights provision in NAFTA, known as the Investor State Dispute Settlement, also exists in the proposed 12-nation Trans Pacific Partnership (TPP). The TPP would give an additional 9,000 foreign corporations the right to challenge U.S. laws and regulations, like TransCanada, according to Public Citizen. These types of corporate rights cases under regional trade agreements are becoming more frequent—with a series of recent corporate wins under NAFTA which successfully challenged government decisions to limit environmentally destructive mining and fracking.

- See more at: http://www.iatp.org/blog/201602/obama-undermines-climate-efforts-in-solar-trade-dispute#sthash.I45tWMAQ.dpuf

[Baobab]

2. TransCanada case legal Documents link

Last edited Sun Feb 28, 2016, 12:10 AM - Edit history (1)

http://www.italaw.com/cases/3823


TransCanada Corporation and TransCanada PipeLines Limited v. The United States of America
Case type:
International Investment Agreement
Investment treaty:
NAFTA
Applicable legal instruments:
North American Free Trade Agreement
Economic sector:
Mining and quarrying, including hydrocarbons (oil and gas)
Available documents
6 Jan 2016

Notice of Intent to Submit a Claim to Arbitration Under Chapter 11 of NAFTA
Notice of Intent Cover Letter

Details