It's correct that there's nothing that forbids or prevents or precludes governments from taking new measures in a legal sense. The problem arises from the risk of increased challenges on increasingly broad investor rights that can lead to more risk of the government having to pay damages, including the Canadian federal government having to pay damages, because Canada is party to the treaty, if a provincial measure is found to be inconsistent with CETA.
So I think it's the risk factor, and that comes back to the issue of whether governments pay attention to it, and yes, they do. Do governments look carefully at the cost benefit or the potential risks? Yes, they do. And do governments not regulate because of the potential risk? And the answer to that again is yes, they do.
So that's where the factor is; that's where the problem is. There's no absolute barrier but the risk equation changes, the cost-benefit analysis changes, and the higher the level of corporate rights, the higher the risk to government and the more difficult it is to balance the regulation with the potential risk.