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Date: Thu, 2 Apr 1998 17:41:00 -0500 (EST)
From: Gail Stewart <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: Musings about the MAI


Some Musings about the MAI ... and a Proposal


1. Anti-MAI sentiment seems to be building at a grassroots 
level in the industrialized world, even while the governments 
of these nations seek to negotiate the agreement. Might this 
sentiment be arising less in objection to a global agreement 
on investment than in response to 

a) the way the present draft agreement has been developed?   

A thought: Democratic populations don't like secrecy. When 
faced with it (the emergence of the MAI draft as a "leak") 
they suspect conspiracy (Corry. Also Adam Smith: beware 
vested interests meeting in secret conclave, they are 
probably conspiring for their own advantage.) The citizenry 
will support secret negotiations when the existence of the 
negotiations is made public, the desirability of secrecy 
persuasive, the negotiators publicly appointed, and the 
purposes and limits of the exercise known?

b) the extreme character of certain provisions in the draft 
agreement?  

A thought: Like everyone else, negotiators are susceptible to  
overkill. Lock them in a room, instruct them to focus on a 
single objective, and they can become extremists in the 
pursuit of that objective -- even to the disadvantage of the 
interests that they represent. MAI (now postponed by the OECD 
but metastasizing into various other international 
organizations) and its proposed implementation procedures 
(by-passing public discussion) may have an iatrogenic quality 
- worsening the very situation it seeks to cure. 

Designed to serve humankind by reducing the risks and hence 
increasing the volume of international investment, MAI 
demands of its participants that they disinvest in 
significant assets -- some of the hard-won processes of 
democratic self-governance through the established and 
accountable institutions of their nation states.  Under MAI, 
no replacement of these assets is proposed. Indeed, not only 
are nation states to be stripped of significant discretionary 
power (as in any international agreement), but accountable 
assets (national judicial institutions) are, in the event of 
dispute, to be replaced by unaccountable international 
panels. The negotiations are a case of good intentions gone 
awry through over-enthusiastic application?

c) a suspicion that the negotiating parties (the industrial 
nations) may not be freely representing the views of their 
electorates?

A thought:  Given the present design and costs of election 
campaigns in Canada and the US (the countries that appear to 
be driving the MAI process) and perhaps also in other 
participating countries, there is continuing danger of 
government co-optation by corporate interests that contribute 
heavily to party warchests.  Corporatist culture, insular and 
competitive, provides fertile breeding ground for 
fundamentalism, in the form of an almost fanatical belief in 
the capacity of free markets to cure humanity of all that 
ails it and a concommitant lack of interest, if not actual 
hostility to, democratic processes.  With deeper purses and 
more tax write-offs for lobbying than the average citizen, 
corporations and their interests play a large role in the 
political process, thus reinforcing the hegemony of economic 
issues over democratic issues and ultimately of corporate 
interests over national interests?

d) a desire for open public discussion?

A thought: In Canada, for example, the prelude to NAFTA (a 
US/ Canada/ Mexico free trade agreement) was not only openly 
discussed but was an election issue, thoroughly discussed. 
The MAI contains provisions equally worthy of public 
discussion. Furthermore, governments in the participating 
industrialized countries place increasing emphasis on the 
need to have well-educated and self-motivated populations in 
an era of globalization. Failing to encourage citizens to 
learn about and discuss MAI, which provides an excellent 
opportunity to become informed about the world, is to miss an 
opportunity?

e) a concern for elements (e.g. environment, sustainability, 
cultural protection, labour standards) beyond the MAI and 
having no possibility of ever being adequately addressed 
within it?

A thought: The economy exists within the environment. The 
interests of the environment cannot be adequately addressed 
within the economy. The economy exists within the society. 
The interests of society cannot be adequately addressed 
within the economy. It stands to reason?

f) a generalized anxiety about globalization?

A thought: Globalization, in both its good and bad aspects, 
is bringing rapid changes in our lives. Globalization is 
related as well to changing technologies -- such as those 
that will let me share these musings on the internet 
(canfutures list) and to hope they will encourage others to 
muse too. Abetted by other forces (e.g. deficit-cutting), 
globalization is currently outstripping our efforts to 
mutually insure each other and our families, through a 
variety of social arrangements, against the sometimes heavy 
personal consequences of rapid change?

2.  Beyond the persons and groups visibly opposing the MAI 
there is an expanding penumbra of concerned citizens and 
organizations, including churches, NGO's, corporations, and 
non-OECD governments. In particular, legislators and citizens 
are beginning to appreciate how the MAI and other 
international and global trade treaties, simultaneously 
abridge the sovereign powers of nation states. Is it, though, 
an exaggeration to say this opposition has had much effect?

A representative of Friends of the Earth has recently said 
that the current hiatus in MAI negotiations is "a defeat for 
would-be corporate rulers and a victory for democracy. ...The 
unraveling of MAI negotiations reveals the increasing power 
of environmental, labor, development and other citizen 
organizations to block pro-corporate, anti-democratic trade 
and investment deals." 

Is it not more likely that what has chiefly caused the delay 
is intransigence among the negotiating blocs, with Canada and 
the US pushing for a NAFTA-like agreement, Europe seeking 
qualifications and Japan resisting opening its economy to the 
world?

3. Is expanding trade through a multilateral agreement on 
investment an urgent priority? 

Few will dispute that an MAI might increase world output (the 
comparative advantage argument for freer trade) but whether 
people would be better off depends on its distribution. If I 
remember my welfare economics correctly, it is not sufficient 
to demonstrate that people would theoretically be better off 
but that they will actually be better off, i.e. not only 
COULD they be bribed but WOULD they be bribed (as economists 
might say.) MAI doesn't address the question of the 
distribution of the fruits of freer trade and investment. 
The growing disparity in distribution not only within the 
industrial countries but between them and the rest of the 
world could mean that it is increasingly respectable, in 
terms of economic welfare, to have serious doubts about the 
priority that its advocates urge for the MAI at this 
juncture?  (Such a stance could find reinforcement from 
experts within the OECD itself, according to comments made in 
recent presentations in Ottawa by the Canadian Ambassador to 
the OECD.)
 
If material abundance is upon us globally and if where 
poverty remains it is in "pockets," then the world is faced 
with what is primarily a distributional rather than a 
production issue. This being the case, it might be time to be 
addressing the issue of world governance, including social, 
democratic, environmental and sustainability considerations 
as well as trade and investment?

4. At a deeper level, does the MAI derive from what is now 
outmoded thinking about what constitutes appropriate 
procedure in an world of increasing interdependence? Doesn't 
contemporary thought in almost all fields now reject the 
reductionist science on which the MAI and other "economy-
first" approaches are based?

The notion that it makes sense to single out one element in 
complex situations and give it priority goes against 
contemporary understandings of how personal, social, 
juridical, economic, or environmental processes work. One-
thing-at-a-time approaches are being replaced by more 
wholistic thinking across a whole variety of fields, e.g. 
wellness theory, ecosystem approaches. Whether through 
theoretical developments or simply life experience, both 
experts and citizens know, or increasingly sense, that 
complex sets of interacting processes determine human well-
being. 

The monetized economy to which MAI addresses itself can no 
longer hold its standing as the taken-for-granted context of 
society: it processes are now understood as simply some 
among the many processes important to human life. Indeed, 
singling out one process for dominance can adversely affect 
the integrated functioning of the whole. Singling out trade 
and investment independently of justice and health and 
sustainability and governance simply no longer has resonance 
with democratic populations. A deep feeling of unease arises 
from attempts to impose agreements like the MAI without 
imbedding them in related agreements. A concern for 
shareholder equity needs to be replaced by a concern for 
stakeholder equity. Wellness is a function of the whole, not 
merely of one part?

5. The current situation with respect to the MAI presents a 
remarkable opportunity?

The Canadian Prime Minister, the Minister of Foreign Affairs 
and the Canadian government could play a useful international 
role by developing and advancing a new proposal: a way 
forward that brings both proponents and adversaries of the 
MAI together in a more successful successor enterprise toward 
global wellness.

Such an enterprise might lie along the lines of the Padbury 
proposal for a Magna Carta for the new Millennium, outlining 
the rights -- and the responsibilities -- of all the major 
players:

"I do think a document like the MAI could be useful. There is 
a lot of anxiety about globalization. I think the anxiety is 
quite justified - there are many important consequences of 
globalization and no way to deal with them, or even talk 
about them. I think part of the solution is a document (like 
the Magna Carta) that recognizes the rights and 
responsibilities of all of the actors who are currently on 
the stage. This could be the beginning of our efforts to 
build a system of governance that links local, national and 
global fora in a way that recognizes that all interconnected 
and interdependent."

                      Peter Padbury, Ottawa, March 24, 1998
                      Private correspondence with the writer

Some process of this sort -- that recognizes in a far more 
sophisticated way the interconnectedness of human affairs, 
that is as concerned with the limits and responsibilities of 
our collective inventions (such as governments and 
corporations) as it is with their privileges and rights, and 
that recognizes there is a global realm as well as an 
international realm --  seems likely to form a more practical 
context for human affairs in the coming years than does an 
MAI pressed forward by itself?  

6. Assured that some such process was firmly underway, Canada 
and the world might get on with the business of international 
investment even more successfully than with the proposed MAI?

The Canadian people, for example, might greatly welcome such 
a creative but practical proposal for a set of openly 
negotiated interlocking agreements. They would serve to 
protect the unique cultural and other assets that Canada uses 
to sustain itself as an "intentional community" and that it 
brings to the world. Many of these assets would be in 
jeopardy under the proposed MAI.

Knowing as much as we now do about spillover effects and 
their costs, we should be comfortable in asserting that 
international investment that is not sensitive to other 
concerns, and negotiated with and constrained within broader 
agreements that reflect these concerns, is almost certainly 
too costly to contemplate. Under the  circumstances it would 
not be shameful for the Canadian government, even without the 
present setback to the MAI negotiations, to rethink Canada's 
participation?

Such a move on Canada's part could be to everyone's benefit. 
The win/lose world that would emerge from an unreconstructed 
MAI, a world where some become well (wealthy?) at other's 
expense needs to become a win/win world where together we are 
all well and yes, even prosperous -- in a sustainable way, of 
course!  This is the lesson of the new science, the new 
humanity, the new century? This might be why the MAI feels 
like out-dated politics to growing numbers of people?

7. The MAI issue needs to be redrawn?

The issue is surely not "MAI vs. MAI-not." We need to secure 
the conditions for international investment, which was the 
purpose of the MAI. At the same time it is important that we 
not accomplish this at the expense of other things we need. 
This calls for a fresh approach to multilateral agreement in 
which trade and investment arrangements do not have hegemony 
over the environment, national sovereignty, international 
social and distributive justice, the maintenance of a 
diversity of cultures, sustainability and all the other 
conditions for human well-being. All are important, including 
trade and investment arrangements. 

It is time not merely to support or resist what the 
industrial countries, negotiating in secret at the OECD, were 
hoping to accomplish with the MAI, but to rethink what they 
were doing?

Gail Ward Stewart
Ottawa
April 2, 1998




--
Gail Stewart
[EMAIL PROTECTED]



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