MANY TO MANY 62 MAI

Multilateral Agreement on Investment (MAI)

The Multilateral Agreement on Investment

It seems inappropriate to say the least, that in this year celebrating the 50th anniversary of the Universal Declaration on Human Rights the 29 nations comprising the Organisation of Economic Cooperation and Development (OECD) are contemplating entering into an agreement so flagrantly unbalanced and devoid of ethical values, whether human or environmental. The MAI is anti-democratic and of questionable legality in international law. If agreed by the OECD, the plan is to urge it upon as many other nations as possible.

Has it, I wonder, been overlooked that all Member States of the United Nations are irrevocably committed to the UN Charter, Article 1 of which calls upon them to "achieve international cooperation...in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction..."? The MAI conflicts with this commitment and for countries to sign it as now drafted would constitute a breach of the UN Charter.

The MAI is aimed at liberalising trade and protecting international investors. It favours the big transnational corporations and has no concern for the rights of the non-investor sector of the world's communities which constitutes the majority of the world's population.

Investors with a regulatory complain can sue a city, a state, or a national government before an international tribunal in special courts to be set up, with a binding judgement: yet governments would enjoy no reciprocal right to sue corporations on the public's behalf. Small wonder that the internet, to which the draft secret agreement was leaked in January 1997, is now abuzz with comments from us, the people, expressing concern with regard to this agreement. Our knowledge of its secretive origin and the intent to foist it unexpectedly upon us has scarcely endeared it to us. Progressive globalisation in our emerging global neighbourhood is both inevitable and desirable, provided the measure to bring it about are undertaken openly from the outset and with full consultation and public discussion of the impact and implications of the processes involved. This particularly applies to such an agreement as the MAI, with its unprecedented and far-reaching implications.

It appears that recent negotiations have resulted in a 'less comprehensive MAI', which has led to a report that the agreement is "not good enough" for the United States to sign and that "it will take a lot of work to turn the agreement into something that the USA will be willing to accept". If this means that the international campaign against the MAI is having some effect, it is nevertheless too early to assume that it will be derailed. At the time of writing trade officials from the 29 countries of the OECD are gather in Paris to continue negotiating the agreement.

Whatever the advantages of the MAI for the global economy, one thing is clear. This agreement is completely lacking the principles and ethics upon which a healthy global civilisation must essentially be founded, and the campaigning will continue until this goal is achieved.

Anthony Brooke and Gita Brooke, co-founders
Te Rangi, 4 Allison Street, Wanganui 5001, New Zealand
phone/fax: +64-6-345-5714 ~ e-mail: Many to Many
under the aegis of
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