This is from the draft CETA investment chapter I mentioned yesterday:
2. A Party breaches the obligation of fair and equitable treatment referenced in paragraph 1 where a measure or series of measures constitutes:
... d. Targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief;
This provision was new to me, although I've only read a small percentage of the thousands of investment treaties out there, so maybe it's more common than I realized.
I can imagine this being pretty controversial. National courts have had a hard time with these issues. Are racial quotas a form of discrimination, or are they necessary to fight discrimination? Should governments require a minimum number of women on corporate boards? What if Germany bans Scientology, on the grounds that it is not really a religion? Do the Scientologists have a good investment claim?
