Evidencia 13: The daily news

Evidencia 13: The daily news 

Participe en el noticiero radial ‘The Daily News’ que se realizará en la sesión Blackboard Collaborate, para ello tenga en cuenta los siguientes pasos:

Lawsuits for alleged violations of Colombia TLC

Companies from Mexico, Canada and USA They claim that the State has failed acquired rights.

The free trade agreement (FTA) signed by Colombia to expand its access to businesses in the world, begin to be put forward by the partners in the country to act against internal decisions.

And from Canada's mining Eco Oro, and from Mexico, America Movil, which owns Claro, consider that their rights as investors and announced that interpose actions in light of FTAs ​​with these countries, warning that Colombia is violating commitments it made to agreements.

Also, I get the mining firm has more than a year ago on the table of the FTA with the United States a plea on his project Taraira (Vaupés). They say parallel to the issue of mining title means a 'Express' consultation stepped forward to declare a natural park, the army prevented the entry of indigenous groups opposed. Now, the company has already reported that claims 16,500 million dollars.

Meanwhile, the possibility of lifting the patent is a drug firm Novartis, Switzerland, could, experts say, to finish activating claims in light of the FTA with that country.

According to Martin Gustavo Ibarra, president of Araujo Ibarra & Associates (consulting in international business), one of the most important chapters in FTAs ​​is investment, where a developed country changes with one on developing and Colombia access to goods for access to investment and services for them.

"Government bodies have to be very careful in analyzing, when there is a modification of the initial investment conditions or when there are special provisions in areas such as the validity of a trademark or patent, the internal rule or judicial interpretations of a domestic court not violate the agreements provided especially for investors in that country if the investment was made after the signing of the FTA, "said Ibarra.

Adds that the country must have a pedagogy of public bodies on how the rules laid down in the treaties, especially in investment, are supranational, which take precedence over domestic legislation or internal faults, and that these investors by virtue of legal certainty which give them the agreements, they have the power to turn to international courts.

But, likewise, must be analyzed case by case to see if the claims are for general investment conditions or the application of a particular and specific clause in different disciplines.

" If the State sees objectively, that a claim of this kind is badly and there are not many chances to win, I think it should be seriously considered harmful conciliation. A bad deal is better than a good lawsuit, and avoid a millionaire process that has the force of law, " Ibarra said.

And additionally must take into account that litigation entails costs, such as hiring international lawyers in the jurisdiction of demand, but the most important is to quantify the risks in case of loss. Furthermore, it stresses that Colombia should not you at the global level, now you need to attract investment.

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