THE LEGAL FRAMEWORK OF GLOBALIZATION IN CANADA

The legal framework used to facilitate globalization is found in the international trade agreements, particularly the World Trade Organization/GATT. For Canada, the Canada-US Free Trade Agreement (FTA) and the North American Free Trade Agreement (NAFTA) are equally important. Investment treaties have also been signed, to prevent government "interference" in the daily movement of over 1 trillion dollars ($US) around the world. These include the NAFTA investment chapter and over 1600 bilateral agreements around the world. Canada has signed or is currently negotiating 60 investment agreements with developing countries and Eastern European countries. The MAI (Multilateral Agreement on Investment), currently delayed but still alive, is designed to remove government investment regulations in the world's 29 richest countries. The legal system in Canada has always been problematic. It is male-dominated, too expensive and time-consuming for most citizens to use, and much more accessible to rich individuals and business than to average people. However, NAC and other social and environmental activists have continually fought for positive changes in laws and equal processes. Examples of these positive changes include measures to ensure equal pay, more protection for battered women, bans against cancer-causing chemicals and drugs and laws against pollution of air and water. The pillars of the democratic system are elected Members of Parliament who are accountable to the people for the enactment of laws, and an open, visible justice system which is charged with enforcement of those laws.

In the past ten years, Canadians have experienced fundamental changes in the laws that govern them, as well as their access to those laws and to lawmakers. These changes have led to deterioration in democratic processes and democratic rights.

A key feature of trade agreement negotiations has been the way they have been pursued behind "closed doors", in entirely secret "diplomatic" processes. To justify this secrecy, the agreements have been described to the public as simple tariff agreements. In actuality, they are comprehensive international agreements which have far-reaching consequences. They bind governmental powers in all countries and are designed to prevent governments from using powers within their national constitutions to uphold the interests of citizens. They are said to concern only cross-border trade, but actually affect all areas of policy, including policy on health, education, employment, resource use, pollution control and culture. The trade and investment negotiations occur in cities all around the world, but particularly in Europe, away from the scrutiny of peoples affected.

Leaks of preliminary documents related to the FTA, NAFTA and MAI were invaluable to groups active in opposing them. Critics of these agreements, including NAC, were ridiculed when they demanded openness in trade negotiations, but they were proven right: the impact of public scrutiny and the resulting openness can be seen in the partial defeat of the MAI. This does not mean, however, that openness is an established principle. It is one which will need to be continuously placed at the forefront of demands by women, greens, labour and health activists in the future. One difficulty confronting groups that want to challenge the current globalization process is the proliferation of simultaneous negotiations on critical issues. For example, at present, there are planned negotiations on agriculture and intellectual property at the WTO, comprehensive trade agreements being negotiated through the Asia Pacific Economic Cooperation (APEC) and the Free Trade Area of the Americas (FTAA), significant changes to the rules/regulations governing the operations of the International Monetary Fund (IMF) and the United Nations (UN), as well as attempts by states and international corporations to foster continued negotiations on the MAI.

 

13. Answer the questions:

1. Why are the international trade agreements important for globalization?

2. What are the problems of the legal system in Canada?

3. What are the examples of the positive changes which are fought for by the environmentalists?

4. What is meant by “to pursue negotiations behind closed doors”?

5. Why is public scrutiny important in the trade negotiations?

6. What are the international bodies pursuing the policy of globalization?

14. Find English equivalents in the text:

Способствовать глобализации; двустороннее соглашение; простые люди; обеспечение равной заработной платы; женщины, подвергшиеся насилию; прозрачная законодательная система; законодатель; далеко идущие последствия; политика здравоохранения; высмеивать; бросать вызов процессам глобализации

 

15. Match the columns:

1. She came into … of a fortune. a) attaches

2. His powers are … by law. b) a means of

3. … are first imposed and then lifted. c) reputed

4. He … much importance to this project. d) defined

5. If laws are no longer efficient, they are… e) negotiations

6. He is … to be rich. f) restrictions

7. Mediators are, in other words, … g) abolished

8. The Tories have always been … the Labour h) conciliators

Party.

9. … were held in a friendly atmosphere. i) in opposition to

10. Peaceful talks are … settling conflicts j) possession

in a peaceful way.

16. Put each of the following words or phrases into its correct place in the text below:

banks beads buy coins change value

currency depositing earn exchange rate sell shells

goods investments money paper bills saving accounts

Money

Money is what people use to ….. things. People spend money on ….. and services. Many people save part of their money by ….. it in a bank. People ….. money by performing services. They also earn money from ….. including government bonds, and from …..

….. can be anything that people agree to accept in exchange for the things they ….. or the work they do. Ancient people used such varied things as ….., and cattle as money. Today, most nations use metal coins and …... Different countries’ ….. and bills look different and have different names.

A person can ….. his money for the money of any country according to the …... Usually, such rates are set by the central ….. of a country. The ….. of a country’s ….. may change, depending on the economic and political conditions in that country.

 

17. Render the text into English: