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Protectionism in Reverse

November 28, 2016, Lexpert

Catherine Gibson is quoted in a Lexpert article regarding cultural protectionism claims against Canada by investors abroad. According to Gibson, “My impression is that Canada cycles between encouraging foreign investment and its nationalist concerns.” 

She adds that “[t]he U.S. government remains concerned about the discriminatory broadcasting policies that exist in Canada,” stemming from when the Canadian Radio-television and Telecommunications Commission stopped the U.S. channel Country Music Television from continuing its Canadian operation after granting a license for a new country music channel to a Canadian entity. 

Gibson’s view is that a huge wave of investor-state claims is not in the offing. “They’re expensive, they bring a lot of publicity, and investors know that states win most of the claims, so there are only a certain number of claimants who will resort to arbitration.”

 

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