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’The Trouble with ISDS’

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Associate Professor Gus Van Harten, Osgoode Hall Law School
Thursday 12 May 2016
6.15 – 7.30 pm
Clock Tower Lecture Theatre 039
RSVP:to lawevents@auckland.ac.nz

“Investor-state dispute settlement provides special protections for foreign investors against risks of democracy, regulation, politics, and courts that apply to everyone. ISDS is controversial for two main reasons. First, it relies uniquely on arbitration to resolve, finally, the boundaries of the sovereign authority of legislatures, governments, and courts. The resulting clash between non-judicial adjudication and public law leads to fundamental concerns about the lack of judicial independence and procedural fairness in ISDS. Second, ISDS focuses almost entirely on protecting foreign investors in an extraordinarily powerful way, even to the extent of relieving them of any duty to resort to contractually-agreed forums or domestic courts where reasonably-available, without including any actionable responsibilities for foreign investors in their relations with the sovereign and other actors. After outlining these features of the controversy over ISDS, Van Harten will explain how proposed agreements like the Trans-Pacific Partnership and the Canada-EU CETA would respond (or not), he will highlight recent findings on who has benefited financially from ISDS, and he will demonstrate that we are at the brink of a vast expansion in the role of ISDS in the world.”

Gus Van Harten is a professor at Osgoode Hall Law School in Toronto. Previously he was a faculty member in the Law Department of the London School of Economics.

He specializes in international investment law and administrative law.

His books include Investment Treaty Arbitration and Public Law (OUP, 2007); Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration (OUP, 2013); and Sold Down the Yangtze: Canada’s Lopsided Investment Deal with China (Lorimer, 2015).

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Political Caption Competition

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The Daily Blog Open Mic – Thursday – 5th May 2016

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Announce protest actions, general chit chat or give your opinion on issues we haven’t covered for the day.

Moderation rules are more lenient for this section, but try and play nicely.

 

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Brave people fronting It’s Not OK TV Ads acknowledged – Women’s Refuge

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Women’s Refuge is putting its’ weight behind a new series of TV advertisements in the long running It’s not Ok campaign.

“I’m aware that some of those appearing in these adverts have lost loved ones, along with others who are passionate about stopping domestic violence, and would like to convey my huge thanks to them for lending their voices and experiences to the new phase of the campaign,” says Women’s Refuge Chief Executive Dr Ang Jury.

She said being so publicly available is often challenging for those individuals and hopes those viewing the adverts take on board their heartfelt insistence that it is simply not right for people to hurt other people or children.
“So often, refuge workers and the family members of women who are injured or killed from domestic violence have to tolerate attitudes implying that victims somehow contributed to their abuse or death,” says Dr Jury, “this is totally wrong and continues to absolve those committing the violence from taking responsibility for their actions.”

The ads will screen in May, June and July and Dr Jury hopes any woman who wants support knows she can call 0800 REFUGE (733843) 24/7. “The Family Violence Information Line 0800 456 450 is also available for help as well as for those who seek assistance to change their behaviours.”

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The 25th Annual J Day is this Saturday 7th May, nationwide

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J Day is held on the first Saturday in May, in over 200 cities around the world, until the War on Drugs is over. This year’s theme is: “Stop the war, start the healing”.

“J Day is a global protest against pot prohibition and celebration of cannabis culture,” said national organiser Chris Fowlie. “This year we are marking not only 25 years of J Days – it began in 1992 – but also forty years of Misuse of Drugs Act enforcement, and twenty years since we founded the Aotearoa Legalise Cannabis Party. With all the talk of drug law reform lately, we have plenty to celebrate.

“NORML is calling for an immediate moratorium on cannabis arrests, because it’s impossible to have a fair, even, conversation when one side is branded criminals,” said Mr Fowlie.

“New Zealand’s cannabis community is appealing to the Police to stop arresting people for cannabis use or possession in light of the current debate. Our police have the discretionary powers to achieve drug peace, if they want it,” added Irinka Britnell, NORML NZ’s national secretary and organiser of J Day in Christchurch.

“The NZ Police are already decriminalising by stealth. Let’s make it an official policy so they can get on with solving crime that matters. We need to stop this insane War on Drugs, and start healing our patients and our divided communities,” said Mr Fowlie.

J Day Saturday 7 May 2016 locations:

J Day is part of the Global Marijuana March, happening in over 200 cities around the world. New Zealand locations are:

• Whangarei – William Fraser Park

• Auckland – Albert Park (Princes St). Featuring market stalls, speeches, music from Jafa Mafia and The Triptonites.

• Taupo – The Black Shed (Miro St)

• Hastings – Library/ANZAC Memorial

• Wellington – Frank Kitts Park (Waterfront)

• Christchurch – Latimer Square

• Dunedin – The Octagon

All events are R18, free, and run High Noon to 4:20pm.

• More information: https://norml.org.nz/2016/norml-presents-the-25th-annual-j-day-sat-7-may-2016-everywhere/

• Facebook page: www.facebook.com/nzjday and www.facebook.com/events/539600922908612/

• Supported by: NORML NZ Inc, The Hempstore, The Cannabis Party, CLEAR, TLCC, Dads4Marijuana, GreenCross & more.

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Stop-TPP Movement renews call for Binding Referendum before TPP is ratified –

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TPP-Free-Wellington marked the occasion of the Foreign Affairs Defence and Trade (FADT) Select Committee’s report tabling day (May 4) with a “Binding Referendum Rally” at Parliament.

The nationwide “It’s Our Future” movement (which includes the local Wellington group) told the Select Committee that, “any decision to proceed with the ratification process must include a binding referendum”.

Barry Coates, one of the movement’s leaders, emphasises, “There is concern over the TPP from a majority of the public across New Zealand, according to public opinion polls (TV3/Reid Research, November 2015).”

“The Select Committee had public hearings in Wellington, Christchurch and Auckland between mid-February and late April and the majority of people and groups who submitted written or oral presentations opposed the TPP being ratified.”

Greg Rzesniowiecki TPP Free Wellington researcher and advocate, reports from his following the FADT committee proceedings, “Notable amongst those opposing TPP ratification are; The New Zealand Universities New Zealand Vice-Chancellors’ Committee1, Council of Trade Unions and many union affiliates, the New Zealand Medical Association, internet and copyright users associations including LIANZA (Library Association of NZ and Australia), and many concerned about health, environment, and human and community rights.2 New Zealand small business owners featured amongst those opposed to the TPP.”

Greg observes, “The trade based associations and interests, all offered the committee that the TPP will not bring increased access, only that it will reducetariffs, increasing the price that they received for their, beef lamb, milk and kiwifruit. Again the advantage to trade interests is used to smash everyone else in the New Zealand economy. The trade interests have traditionally opposed real action on climate change, yet most civil society TPP presentations highlighted that TPP will constrain government’s ability to regulate for a sustainable future.”

“If the Select Committee report to government ignores the strong public condemnation of TPP and recommends that the TPP treaty proceeds, it will be as if the people’s voice in this matter doesn’t carry any weight at all!”

The next stage of the government’s process is the tabling of legislation to enable the controversial TPP arrangements. TPP Free Wellington encourages massive opposition to the legislation proceeding – Its Our Future.

Ariana Paretutanganui-Tamati declares on behalf of TPP Free Wellington, “We call for a binding referendum. TPP would significantly undermine our elected representatives’ ability and freedom to work for us. TPP will give more power to foreign “investors” to secure their “property” and profits, and to offshore tribunals to enforce the new regime.”

“Of course our Government is entitled to govern”, says Ariana, “but they don’t have the right to trade away our democracy itself, which belongs to all of us, not to the politicians.”

“In our view, such a decision must be up to us, we the People, after a proper public debate which a binding referendum would ensure.”

“We’re organising the petition to the Governor General – in his role as the guardian of the constitution – to require this democratic process.” Ariana concludes, “We say – Let the People Decide!”

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Government’s job creation strategies need a major boost – CTU

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Government’s job creation strategies need a major boost

Working people are calling on the Government to significantly up their game in job creation, following a big rise in people looking for work.

CTU Secretary Sam Huggard says working people need to see a better plan from government to create jobs.

“There is plenty more the government can be doing to help create good jobs and well paid jobs.”

“Active job creation initiatives both in government and not-for-profit sectors, better use of government procurement to support local jobs and fixing migration are all areas the government can do better on.”

“People who work for a living ought to make a good living and have a good life. We call on National to lift its game on jobs and incomes.”

Statistics New Zealand figures out today shows unemployment has shot back up to 5.7 per cent, over 100,000 part-timers need more hours, and wages aren’t rising fast enough.

NZ Post, Fisher and Paykel and Cavalier Bremworth are among major New Zealand employers in recent weeks who have announced plans to significantly cut people.

“A year ago Treasury was forecasting unemployment would be 5.1 percent or 128,000 people – instead 144,000 are out of work,” says Huggard.

“There are a total 279,300 people who are jobless – up 11,600 compared to March 2015 – and 101,000 working part time but who need more hours to make ends meet.

“This all adds up to 380,000 people not finding the work they want.”

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Unemployment rise demands Budget response – Labour Party

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The rise in unemployment shows the Budget must contain concrete plans for job growth that deliver for all New Zealanders, not just the few at the top, says Labour’s Finance spokesperson Grant Robertson.

“After eight years under National it is extraordinary that 144,000 New Zealanders are unemployed – almost 40,000 more than when they came to power. The Government has run out of excuses. It should be delivering by now.

“Today’s figures show unemployment rates growing in all but two regions of New Zealand. In Northland and Gisborne the unemployment rate is back over 8%. The Budget needs to deliver a boost to the regions through investment in infrastructure and support the growth of high value jobs.

“With the labour force growing by 1.5% and unemployment increasing, it’s clear that the labour market is not keeping up with population growth.

“We need a Government that focuses on ensuring that most New Zealanders can get a share of the prosperity. The Government’s focus seems to be protecting the interests of the fortunate few at the top like global mega-wealthy who can park their money in secret trusts, tax-dodging multinationals and property speculators.

“There are clear areas the Budget needs to deliver on. National must take urgent action to diversify the economy by encouraging new and emerging businesses to grow and export, bring forward more infrastructure projects and take effective action to rein in the housing market.

“New Zealanders need a government that is an active partner in growing the economy and preparing for the future, not the bunch of distracted bystanders we currently have,” says Grant Robertson

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Solidarity with detained labour activists in China! – IUF

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The Hong Kong Confederation of Trade Unions (HKCTU) is calling for international solidarity with labour activists in Guangdong Province still in detention following a repressive crackdown last December targeting at least 25 activists and their organizations.

Five detained activists were eventually released following global advocacy and actions by Chinese workers. However, Zeng Feiyang, director of the Panyu Migrant Workers Centre, and his colleague Meng Han continue to be detained.

The HKCTU is organizing support for their release and a halt to the crackdown on civil society and has requested international solidarity. Individuals and organizations are encouraged to download this postcard image, fold the picture in half and join the two sides to make a postcard, write an optional message and mail it to the Chinese Embassy or Consulate in your country. Organizations are encouraged to collect signed postcards, photograph postcard actions and upload them to social media or email to hkctu@hkctu.org.hk mentioning the total number of postcards collected.

You can follow the campaign, which runs through May 9, on the website of the HKCTU

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2016 – Ongoing jobless tally

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Unemployment logo

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Continued from: 2015 – Ongoing jobless tally

So by the numbers, for this year;

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Events

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January

February

March

April

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Statistics

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jobless rate in New Zealand 5.7 percent April 2016

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Source

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December 2015 quarter – Employment & Unemployment

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unemployment - december 2015 quarter - Statistics NZ

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Labour market at a glance

  • Unemployment rate falls to 5.3 percent.
  • Labour force participation rate falls for third consecutive quarter.
  • Employment growth rises to 0.9 percent for the quarter.
  • Annual wage inflation lowest since March 2010.

Source

Additional analysis;

However, there was also a fall in the number of people looking for work, which also contributed to the lower jobless rate.

The jobless rate fell to its lowest level since 2009, with strong growth in the construction, retail and hospitality sectors.

Job growth was strong in the Auckland region as well as Wellington and Manawatu.

But the data also showed 14,000 people had stopped looking for work for various reasons, even though the size of the workforce had increased, driven by record immigration.

This led to a fall in the participation rate – the number either in work or looking for work – which Statistics New Zealand said also reflected people who had left the labour force, such as the retired.

But an economist said the fall in participation did not tally with growth in jobs and raised doubts about the reliability of the jobs data.

“The HLFS (household labour force survey) has long had questions over its accuracy given that there have often been cases where large ‘surprises’ such as today’s outcome are thrown up. Those questions will linger today,” ANZ senior economist Philip Borkin said.

Source

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March 2016 quarter – Employment & Unemployment

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march 2016 quarter employment at a glance

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Labour market at a glance

  • New Zealand’s labour force grows 1.5 percent, the largest quarterly growth since December 2004.
  • Employment growth exceeds population growth over the quarter.
  • The unemployment rate increased to 5.7 percent, from a revised rate of 5.4 percent last quarter.
  • Wage inflation remains subdued.

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Unemployment – Decadal Comparison

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unemployment decadal comparison 2006 2016

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2006 Source

2016 Source

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Addendum1: Under-employment

The  under-employment stats;

People who are underemployed are those who work part-time, would prefer to work more hours, and are available to do so. In unadjusted terms, the number of underemployed grew by 12 percent over the year. While the number of part-time workers increased over the year, the ratio of people underemployed to employed part-time also rose – from 17.1 percent in June 2013 to 18.7 percent this quarter.

Official under-employment: up

Definitions

Jobless: people who are either officially unemployed, available but not seeking work, or actively seeking but not available for work. The ‘available but not seeking work’ category is made up of the ‘seeking through newspaper only’, ‘discouraged’, and ‘other’ categories.

Under-employment: employed people who work part time (ie usually work less than 30 hours in all jobs) and are willing and available to work more hours than they usually do.

Employed: people in the working-age population who, during the reference week, did one of the following:

  • worked for one hour or more for pay or profit in the context of an employee/employer relationship or self-employment 

  • worked without pay for one hour or more in work which contributed directly to the operation of a farm, business, or professional practice owned or operated by a relative 

  • had a job but were not at work due to: own illness or injury, personal or family responsibilities, bad weather or mechanical breakdown, direct involvement in an industrial dispute, or leave or holiday.

Source

Addendum2: Other Sources

Statistics NZ:  Household Labour Force Survey

Addendum3: Definitions

“Labour force participation rate”  –   the total labour force expressed as a percentage of the working-age population. Labour force participation is closely linked to how the working-age population is defined.

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To  be periodically up-dated.

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Political Caption Competition

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Lapsed lawyer who set up sham Trusts and highly ethical people

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When questioned why NZers should trust John Key’s personal Lawyer who helped set up the kind of trusts as exposed by the Panama Papers and which his Lawyer had also used for Key himself, the Prime Minister told NZers we shouldn’t worry about any of that because Key only worked with highly ethical people.

Right.

So after that it turns out Key’s Lawyer contacted the Revenue Minister and used Key’s name to suggest there was no need for a crack down on the Trusts he uses.

That results in an immediate meeting and lo and behold IRD stop their crack down.

Key then comes out and says his Lawyer lied and he didn’t pressure the Revenue Minister.

How highly ethical is all that?

NOW we find out that Key’s Lawyer, Ken Whitney was heavily criticised for setting up sham Trusts…

John Key’s lawyer, Ken Whitney, was criticised by the High Court after creating a sham trust for a bankrupt property developer then failing to disclose it to authorities probing his client’s insolvency.

When asked during cross-examination if he had concerns around setting up structures to allow a bankrupt to continue in business, Mr Whitney told the court: “No, not particularly. It’s a common thing for people to do. It may not be morally as white as it could be but it’s normal practice.”

Mr Whitney’s trust business has come into sharp focus over the past week following revelations he cited conversations with the Prime Minister when fronting lobbying by the foreign trusts industry to stop an embryonic crackdown by Inland Revenue on the sector.

The Herald has approached him for comment on the judgment.

The Prime Minister has previously defended Mr Whitney’s connection with the trust industry saying his personal lawyer’s conduct was “highly ethical”.

…Mr Key is on record to the people of NZ telling them we don’t need to be suspicious of his Lawyer and secret trusts because Mr Key only works with highly ethical people. Mr Whitney admits in court that his actions were “It may not be morally as white as it could be but it’s normal practice.”  – is that highly ethical or highly unethical?

We can’t trust Key’s Lawyer, and it’s convenient for Key to.

This entire situation is a farce. Key’s Lawyer has been caught out setting up sham trusts, moving money  for the Prime Minister through foreign trusts and muscling the Revenue Minister to not crackdown on those trusts.

Folks, we’ve been calling this corruption from day one – if you are not angry yet, you are part of the problem!

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Ted Cruz to quit race – Trump will be Republican Candidate – the 4 horsemen of reality Trumpocalypse are upon us

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Bernie Sanders wins, Mark Weldon resigns and Trump becomes Republican candidate – 2 out of 3 ain’t bad for a Wednesday.

I still want to see Trump vs Sanders.

 

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Unemployment jumps to 5.7%

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More people are being squashed into a job market that doesn’t exist, more migrants are moving to NZ and our unemployment rate has jumped from 5.4% to 5.7%.

NZers believe that Key and National are amazing mangers of the economy.

They aren’t.

They’re great at cutting deals for rich corporate mates and building tax havens, they are crap at managing the economy for the good of society. Unfortunately too many NZers rely on the over inflated property portfolios he has built to challenge what National are doing to the social fabric of this society.

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Weldon kicked out of TV3 and how Scout covered it

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And it has come to pass.

The meltdown at TV3 has peaked with the madness that is Mark Weldon finally being forced to walk the plank. His political meddling in damaging the network demanded a resignation, and it’s happened.

Good riddance to bad rubbish.

But look at how Rachel Glucina, whom he infamously hired had to say…

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…I’m sorry, ‘visionary’ – how the fuck was Mark Weldon ‘visionary’? He destroyed the brand, killed off important journalism and degraded the value of the entire network! How is that visionary? Weldon had all the vision of a blind cyclops.

The entire politically stage managed killing off of real journalism will be his legacy, and let’s hope the next person sacked is Rachel Glucina!

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Welcome back TV3.

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