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  • Level: GCSE
  • Subject: Law
  • Word count: 3228

Research on JPEPA

Extracts from this document...

Introduction

JAPAN-PHILIPPINES ECONOMIC PARTNERSHIP AGREEMENT WHAT IS JPEPA? Japan-Philippines Economic Partnership Agreement is the most important bilateral economic agreement the Philippines has entered into in the last 50 years. It is a bilateral economic relationship and investment agreement between the Philippines and Japan. It aims to develop significant trade and investment opportunities with the world's second largest economy. It is viewed to strengthen the economic cooperation between the two countries to facilitate and promote the free trans-border flow of goods, persons, services and capital. JPEPA also aims to provide protection of intellectual property rights, controlling anti-competitive activities, improvement of the business environment as well as cooperation in fields of mutual interest, such as human resource development, financial services, information and communications technology, energy and environment, science and technology, trade and investment promotion, small and medium enterprises, tourism, transportation, and road development. BACKGROUND JPEPA was signed by President Gloria Macapagal - Arroyo with then Japanese Prime Minister Junichiro Koizumi last September 9, 2006 in Helsinki, Finland. The Philippine government proceeded to sign the JPEPA despite very little public consultation and information. Environmentalists and the rest of the civil society are saying that it has become apparent that the JPEPA is going to be a bad deal for the Philippines. "The JPEPA's implementation would surrender the economy and its resources to the needs and profits of Japanese corporate monopolies at the expense of Filipinos' livelihoods, welfare and national patrimony. The ultimate result will be to condemn the Philippines to chronic backwardness and to deny millions of Filipinos decent livelihoods in their own country," According to Sonny Africa, IBON research head and one of the convenors of No Deal. The administration has likewise attempted to justify its decision to enter into the JPEPA, saying that it will spur economic growth and reduce poverty by bringing in Japanese investments and opening up Japanese markets, as well as our nurses and caregivers. JPEPA has claimed that this will have an immediate positive impact on farmers, fishermen and food processors. ...read more.

Middle

4. Restrictions imposed on the employment of Filipino nurses and caregivers EXPERT'S OPINIONS Opinion of Justice Florentino Feliciano (Retired Senior Associate Justice) Justice Florentino Feliciano, a retired Senior Associate Justice, was requested by the Senate Committee on Foreign Relations and Senate Committee on Trade & Commerce to issue a statement regarding the JPEPA. Justice Feliciano issued the following opinions: * JPEPA article 89 will require the country to accord "national treatment" to Japanese investors and their investments in the Philippines. What this means is that our government will treat the said investors and their investments as they would a Filipino investor and their investments in the country; * JPEPA article 90 will require the country to accord "most favored nation treatment" to Japanese investors and their investments in the Philippines. What this means is that our government will treat the said investors and their investments no worse than foreign investors and their investments in the country; * JPEPA article 93 will restrict the country from obliging Japanese investors and their investments in the Philippines to comply with certain standards in performance as a condition of doing business in the country. These standards include levels of purchasing or selling materials from a certain nation, hiring or appointing employees and management of a certain nationality or to locate the company headquarters in a certain nation. * JPEPA Article 18 Paragraph 1 provides that the country reduce to zero or near-zero many of the tariff rates for good imported from Japan. There are several statutes that limit the involvement of foreign nationals in certain business activities such as land ownership, operation of mass media and public utility companies and the practice of professions. The implementation of the JPEPA will be in direct conflict with the country's constitution and other laws. Though JPEPA article 94 grants us the option to "exempt" some business activities by virtue of existing legal statutes, the list provided in JPEPA (i.e. ...read more.

Conclusion

mercury, thallium or their mixtures, of a kind used for the extraction of arsenic or those metals or for the manufacture of their chemical compounds 3% 0% 2621.1000 Ash and residues from the incineration of municipal waste 3% 0% 3006.80 (3006.8010, 3006.8090) Waste pharmaceuticals 20% 0% 38.25 (and its subheadings) Residual products of the chemical or allied industries, not elsewhere specified or included; municipal waste; sewage sludge; other wastes specified in Note 6 to this Chapter 30% 0% 3825.1000 Municipal waste 30% 0% 3825.2000 Sewage sludge 30% 0% 3825.3010 Clinical waste - adhesive dressings and other articles having adhesive layer; wadding gauze bandages, surgical gloves 30% 0% 3825.3090 Other clinical waste 30% 0% 3825.4100, 3825.4900 Waste organic solvents - halogenated, and other 30% 0% 3825.6100, 2825.6900 Other wastes from other chemical or allied industries - containing organic constituents, other 30% 0% 3825.5000 Wastes of metal pickling liquors, hydraulic fluids, brake fluids and anti-freeze fluids 30% 0% 6309.00 Worn clothing and other worn articles Prohibited importation under RA 4653 0% 6310.00 Used or new rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables, of textile materials Prohibited importation under RA 4653 0% GROUP'S POSITION: 1. Amend the schedules in the appropriate JPEPA Articles to be consistent with all relevant statutes in the Constitution and other laws and regulations. 2. Provide that the agreement should not preclude the country to enact future laws and tariff rates or to modify existing ones. 3. Amend the treaty to exclude the provisions for the trade in waste products. 4. Approve the Basel Amendment to protect us from illegal waste disposal. UPDATES Senator Miriam Defensor-Santiago, Chairman of the Senate Committee on Foreign Relations, believes that currently the JPEPA will be declared as unconstitutional by our Supreme Court. She will be working hand-in hand with the DFA to draft the addendum to the agreement to make it constitutional for the Philippines and diplomatically acceptable to Japan. - Article by Veronica Uy at Inquirer. ...read more.

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