Recall that the Australia - Korea FTA had a general exception to the investment obligations. Now here's the one in the just released Canada - Korea FTA:
3. For the purposes of Chapter Eight (Investment), subject to the requirement that those measures are not applied in a manner that would constitute arbitrary or unjustifiable discrimination between investments or between investors, or a disguised restriction on international trade or investment, this Agreement is not to be construed to prevent a Party from adopting or enforcing measures necessary:
(a) to protect human, animal or plant life or health;
(b) to ensure compliance with laws and regulations that are not inconsistent with this Agreement; or
(c) for the conservation of living or non-living exhaustible natural resources.
There are a few subtle differences between the Canada-Korea and Australia-Korea texts, but the general impact is the same. Interestingly, neither agreement makes reference to public morals.
The Canada-China FIPA text has a similar provision, but my understanding is that the CETA does not. I'd be curious to hear about any internal discussion in Canada about the merits of including such exceptions. Does this issue make it into the public debate, or is it too technical?
