Resolved: The United States federal government should substantially increase its economic and/or diplomatic engagement with the People’s Republic of China


NC Bilateral Investment Treaty European Union Counterplan



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1NC Bilateral Investment Treaty European Union Counterplan

COUNTERPLAN TEXT: The European Union should ratify the bilateral investment treaty with the People’s Republic of China.




  1. Solvency: The Counter Plan is identical to the AFF and would solve



Xiaotong, 2015 [Zhang, Writer for Wuhan Center for Economic Diplomacy, “The EU-China Bilateral Investment Treaty: Pros and Cons”, January 16, http://www.whuced.com/show/?id=170&siteid=3]
To ensure the smooth negotiation process and avoid new tensions, China and the EU should work jointly in following aspects: 1. China and the EU need to exchange views on negative list more frequently and timely. Market access and relevant rule requirements need to be clear and explicit. The industry standards, regulatory standards and process of national security review of the two are in need of coordination. 2. Both sides need to avoid the politicization during the process of negotiation. China is different from the west in many ways including ideology, society and corporate culture. Moreover, China’s rise is a game changer. All these led to high vigilance of other countries to China’s state-owned enterprises, which are symbolic of China’s economic strength. China, however, complains about the so-called “China Threat” theory and many discriminatory policies impeding China’s international trade and economic activities. To ensure the success of such a significant treaty negotiation, it is advisable to keep a low profile. 3. Both sides need to be patient and strategic. Although the negotiation will have a promising future and create win-win results, it might take a long time to reach a final agreement. The interesting part of the EU-China BIT negotiation is that it goes in parallel with the US-China BIT negotiation. It is always a tricky issue about who arrives at the destination first. The US is ambitious in terms of market opening whereas the EU is no less ambitious. However, given the US’s hegemony in the world, it is fascinating in watching how the EU would prevail over, or at least match the US in terms of negotiated results vis-à-vis China. Again, the economic negotiations such as the EU-China BIT are much more than pure economic exercise. Instead, it involves politics and power.

2NC/1NR Bilateral Investment Treaty EU CP Solvency Extensions

They say __________________________________________________, but

[GIVE :05 SUMMARY OF OPPONENT’S SINGLE ARGUMENT]


  1. Extend our evidence.

[PUT IN YOUR AUTHOR’S NAME]

It’s much better than their evidence because:

[PUT IN THEIR AUTHOR’S NAME]

[CIRCLE ONE OR MORE OF THE FOLLOWING OPTIONS]:

(it’s newer) (the author is more qualified) (it has more facts)

(their evidence is not logical/contradicts itself) (history proves it to be true)

(their evidence has no facts) (Their author is biased) (it takes into account their argument)

( ) (their evidence supports our argument)

[WRITE IN YOUR OWN!]
[EXPLAIN HOW YOUR OPTION IS TRUE BELOW]

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

[EXPLAIN WHY YOUR OPTION MATTERS BELOW]

and this reason matters because: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


  1. The Counter Plan is modeled after the US—there’s no difference



Xiaotong, 2015 [Zhang, Writer for Wuhan Center for Economic Diplomacy, “The EU-China Bilateral Investment Treaty: Pros and Cons”, January 16, http://www.whuced.com/show/?id=170&siteid=3]
In the Sino-US Investment Treaty negotiation, China and the US will soon finish the negotiations on the text of the treaty, based on which, detailed discussions on the negative list will be followed. [2]This negotiation has marched a bit ahead than the Sino-EU one. Both these two negotiations have put the coordination between two markets (on market access and negative list) at the top of the agenda, while traditionally bilateral investment treaty focused on investment protection. Since the US-China and the EU-China BIT share similarities to certain degree, we can get some ideas about the specific demands on the EU side, which are similar to the US demands on China. First, the EU’s interests and safety of investment should be protected; second, China should apply the negative list model (including pre-established national treatment and negative list). Following this, China needs to raise its standards of labor rights and environmental protection. [3]Lastly, the EU and China need to reach agreement on a dispute settlement system. According to the EU’s previous practices, it’s possible that the investor-state dispute settlement could be included. To sum up, it is expected that the EU would raise requirements concerning four aspects: utilizing negative list model to manage foreign investment; setting restrictions to monopoly of China’s state-owned enterprises; raising standards of laborer’s right and environmental protection; establishing a suitable trade dispute settlement system.
  1. The EU already has ties and a way to deal with trade disputes, but they have low bilateral trade now

European Commission, 2016 [Organization responsible for EU good exchange and policy, “China”, http://ec.europa.eu/trade/policy/countries-and-regions/countries/china/, 4/29]

The European Union and China are two of the biggest traders in the world. China is now the EU's 2nd trading partner behind the United States and the EU is China's biggest trading partner. The EU is committed to open trading relations with China. However, the EU wants to ensure that China trades fairly, respects intellectual property rights and meets its WTO obligations. At the 16th EU-China Summit held on 21 November 2013 both sides announced the launch of negotiations of a comprehensive EU-China Investment Agreement. The Agreement will provide for progressive liberalisation of investment and the elimination of restrictions for investors to each other's market. It will provide a simpler and more secure legal framework to investors of both sides by securing predictable long-term access to EU and Chinese markets respectively and providing for strong protection to investors and their investments. EU-China trade has increased dramatically in recent years. China is the EU's biggest source of imports by far, and has also become one of the EU's fastest growing export markets. The EU has also become China’s biggest source of imports. China and Europe now trade well over €1 billion a day. EU imports from China are dominated by industrial and consumer goods: machinery and equipment, footwear and clothing, furniture and lamps, and toys. EU exports to China are concentrated on machinery and equipment, motor vehicles, aircraft, and chemicals. Bilateral trade in services, however, only amounts to 1/10 of total trade in goods, and the EU's exports of services only amount to 20% of EU's exports of goods. As a result, the EU records a significant trade deficit with China. This is in part a reflection of global and Asian value chains, but in part also due to remaining market access barriers in China. Investment flows also show vast untapped potential, especially when taking into account the size of our respective economies. China accounts for just 2-3% of overall European investments abroad, whereas Chinese investments in Europe are rising, but from an even lower base.



  1. A BIT would be identical to that of the plan—the demands for transparency, cooperation, and funding are very similar

European Commission, 2016 [Organization responsible for EU good exchange and policy, “China”, http://ec.europa.eu/trade/policy/countries-and-regions/countries/china/, 4/29]



China is one of the world's largest economies and an important trading partner for the EU. China is also an increasingly important political power. China's accession to the WTO in December 2001 was a major step. It required China to take bold reforms and liberalise important parts of its economy. Both China and the wider WTO membership have benefited greatly from China's integration into the global economic order. Yet while China has made good progress in implementing its WTO commitments, there are still outstanding problems. EU Ambassador Pangratis' statement of 1 July 2014 at China's WTO TPRM peer review The EU's concerns include: lack of transparency industrial policies and non-tariff measures in China which may discriminate against foreign companies a strong degree of government intervention in the economy, resulting in a dominant position of state-owned enterprises, and unequal access to subsidies and cheap financing inadequate protection and enforcement of intellectual property rights in China However, while there are many challenges, China's market and rapid development also continues to offer huge opportunities, with significant potential for further expanding trade and investment and strengthening of the relations. The launch of the negotiations on a bilateral investment agreement is an important forward-looking initiative that aims to promote bilateral investment by providing transparency, legal certainty, and market access to investors from both sides. Moreover, the EU-China 2020 Strategic Agenda for Cooperation places this agreement at the heart of our bilateral relation with China stating that "Negotiating and concluding such a comprehensive EU-China Investment Agreement will convey both sides' joint commitment towards stronger cooperation as well as their willingness to envisage broader ambitions including, once the conditions are right, towards a deep and comprehensive FTA, as a longer term perspective".

  1. China-EU BIT brings the countries closer and results in massive economic benefits



Xiaotong, 2015 [Zhang, Writer for Wuhan Center for Economic Diplomacy, “The EU-China Bilateral Investment Treaty: Pros and Cons”, January 16, http://www.whuced.com/show/?id=170&siteid=3]
For China, this agreement would help to streamline the over 20 bilateral investment treaties China signed respectively with most of EU member states. Firstly, uniform rules on market access are to be established and market barriers are to be significantly removed, helping both Chinese and European companies enter into each other’s market. Chinese companies want advanced European technologies and management expertise, which Chinese companies are lack of. Equally, Chinese companies want to learn the rules played by the West. Secondly, the EU-China BIT would help the reform-minded Chinese leaders to overturn the old examination-and-approval system on foreign investment and introduce a liberal FDI system. It would help China move towards a more open economy and a new way of development. More specifically, Chinese companies would have to increase their environment awareness and a sense of social responsibility. As more and more foreign companies establish themselves in the Chinese market, the intensifying competition would improve the management and technologies of Chinese counterparts, thus improving their competitiveness. Thirdly, investments between Europe and China will be better protected under the agreement. For the EU, the Chinese capital could ease the pressure on Europe’s economy. Furthermore, this BIT could serve as a stepping stone for a potential EU-China free trade agreement. China, however, wants to start the FTA negotiations with the EU at an earlier date by way of proposing a joint FTA feasibility study. For China, an ideal scenario is that the negotiations on the FTA and the BIT can go hand in hand. In a broader sense, this investment treaty contributes to a gradual unification of international investment rules, and it will promote the liberalization of international investment and trade.


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