HomeMy WebLinkAbout1999-65 Opposing MAIRESOLUTION NO. 99- ~9~"
A RESOLUTION OPPOSING PROVISIONS OF THE MULTILATERAL
AGREEMENT ON INVESTMENT (MAI) OR SIMILAR
INTERNATIONAL INVESTMENT LIBERALIZATION AGREEMENTS
THAT COULD RESTRICT ASHLAND'S ABILITY TO REGULATE
WITHIN ITS JURISDICTION, DECIDE HOW TO SPEND ITS
PROCUREMENT FUNDS AND SUPPORT LOCAL ECONOMIC
DEVELOPMENT.
RECITALS:
A,
The City of Ashland is a Charter City vested with the right and power to make and
enforce all laws and regulations in respect to municipal affairs.
B,
The City uses its regulatory powers to ensure a high quality of life for Ashland citizens
through the effective use of zoning, environmental, historic preservation, and similar
regulations.
Co
Existing international trade agreements, such as GATT Article II:8(a), specifically
exempt government procurement policies from scrutiny under international law so long as
purchases are "for governmental purposes and not with a view to commercial resale or
with a view to use in the production of goods for commercial resale."
Do
The Multilateral Agreement on Investments may be interpreted to obligate the City to
compensate foreign nationals for the effects of the City's regulations, even where the
Oregon and United States Constitutions require no such compensation to nationals of the
United States.
The additional compensation potentially required by the Multilateral Agreement on
Investments could impair the City's efforts to ensure a high quality of life for its citizens,
or require the City to reduce funding to vital programs.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
RESOLVED, that the City Council of the City of Ashland hereby urges its state and federally
elected officials and lobbyists to actively protest any provision in a free-standing investment
deregulation treaty like MAI, or in any similar investment liberalization provisions in other
international commercial agreements, that would restrict Ashland's ability to regulate within its
jurisdiction, decide how to use its public procurement dollars, and extend benefits to encourage
local economic development in a manner consistent with the U.S. Constitution; and be it
FURTHER RESOLVED, that the City of Ashland urges its state and federally elected officials
to oppose any free-standing investment deregulation treaty like MAI, or any similar investment
liberalization provisions in other international commercial agreements, which would deprive the
United States courts of jurisdiction over litigation brought by speculators and multinational
corporations against the City of Ashland; and be it
(Resolution MAI) Page EL
FURTHER RESOLVED that the City Recorder be instructed to mail copies of this resolution
to the President of the United States, the United States Secretary of State, the United States
Secretary of Commerce, and United States Senators from Oregon.
This resolution was read by title only in accordance with Ashland Municipal Code section
2.04.090 duly PASSED and ADOPTED this/~ day of/dTff~ , 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this /Tday of f/~'/~l~F, 1999.
~ne~x'M. Shaw, Mayo""g)j/'L~j~
Reviewed as to form:
Paul Nolte, City Attorney
(Resolution MAI) Page 2