International Trade committee  First, I wouldn't analogize investment arbitration to private arbitration around divorce proceedings or commercial arbitration. This concerns state policy space. It concerns the ability of the government to enact laws in the public interest. It's not about division of property up

International Trade committee  It's a very different system. The CETA model is a modest improvement. It's only modest because the immense amounts of discretion handed over to investment lawyers remain under the CETA model. People are on retainer, but they're the same people who are giving rise to complaints a

International Trade committee  You should look at the list of appearances in these disputes on the investor side. They're really long, sometimes longer than the Government of Canada's representatives. That isn't to say that there are limitless funds available, but you need to have deep pockets to litigate in o

International Trade committee  There's a structural bias built in here where investment lawyers who sit as arbitrators will interpret treaties in ways to ensure that investors come back. They can't discourage the people who initiate these claims, so that's a real problem with the system.

International Trade committee  Thank you for that question. We'd be making the point that Professor Anderson, is it, made, which was that—

International Trade committee  Okay, so if we don't sign, it would—

International Trade committee  Okay. In terms of investor-state arbitration, it would mean that NAFTA would continue to control those kinds of disputes. As for larger questions around trade relations, pharmaceuticals, and everything else, I think you have to weigh that question. Insofar as we're talking a

International Trade committee  I will provide a very short answer. The investment chapter will not create Canadian jobs, nor will it result in a reduction. In fact, the TPP, as you all know, is about much more than trade. That is why I began by saying that we can safely do without an investment chapter. Now, w

International Trade committee  The Canadian model is mirroring NAFTA since 1994. The previous model was state-to-state. The question is whether we should be conferring these rights—special rights, privileged rights—on investors. That is what this investment chapter is about, and I think the committee's task is

International Trade committee  Of course not. ISDS is a flashpoint for political debate.

International Trade committee  Let me respond to that.

International Trade committee  I promise not to. You'll notice that I did not use any hyperbole or talking points. I used evidence and text in the TPP. That's all I wanted to talk about with you.

International Trade committee  Thank you very much, Mr. Chair and members of the committee. It is a real pleasure to be here today. I want to talk about the investment chapter in the TPP. Let me add that the consultation here is really welcome, so thank you for undertaking this. I teach constitutional law, U.