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ISBN: 9781459410725-09

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The special status of Chinese investors

From: Sold Down the Yangtze

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under the FIPA, Chinese investors now have a

power to sidestep Canada’s legal system by starting a lawsuit

under the FIPA. Or, they can go to the courts in Canada to

attempt to strike down a decision, while using the FIPA to seek

compensation that would not otherwise be available under

Canadian law. For instance, under the FIPA, Chinese investors

can seek full compensation for the economic impact of a new

law on their business, including their future profits; this would

not be possible under Canadian law, to preserve the role of

elected legislatures.

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Gus Van Harten

As an expert in investment deals and international law, GUS VAN HARTEN is uniquely qualified to explain what the Canada-China agreement means for Canada. He is currently a professor at Osgoode Hall Law School in Toronto, working previously as a tenured faculty member in the Department of Law at the London School of Economics in the United Kingdom. He has written over twenty academic studies on investment treaties, and has provided commentary to governments, international organizations, and media such as Bloomberg, the CBC, The Globe and Mail, the Guardian, and the Toronto Star. He lives in Burlington, Ontario.