BACK TO INDEX

Legal Questions

Bibliography

What are the effects of the Multilateral Agreement on Investment (MAI). What would be the legal impact to public libraries? Would they be hit with lawsuits from "competitors" demanding that they stop providing traditional services since they've been redefined as hindering competitive trade? What impact do pending lawsuits or the perceived threat of lawsuits have upon the public, the library staff, the budget etc.?

Christy Confetti Higgins

Back to List of Legal Questions To: Corporate Library Director From: Christy Confetti Higgins Re: Effects of the Multilateral Agreement on Investment (MAI) on libraries.

Question: What are the effects of the Multilateral Agreement on Investment (MAI). What would be the legal impact to public libraries? Would they be hit with lawsuits from "competitors" demanding that they stop providing traditional services since they’ve been redefined as hindering competitive trade? What impact do pending lawsuits or the perceived threat of lawsuits have upon the public, the library staff, the budget etc.?

Summary: The Multilateral Agreement on Investment (MAI) is an international treaty being negotiated by the 29 countries belonging to the Organization for Economic Cooperation and Development (OECD). The proposed treaty is said to be an international agreement on foreign investment and its intent is to eliminate barriers to international trade. According to a January 1998 Fortune article:

"The treaty would prohibit restrictions on foreign ownership…. governments signing the treaty would allow foreign investors to transfer any profits, capital, royalties, or fees they earn across national borders."(Kahn, Jeremy , "Investing Abroad Made Safer?")

Canadians have take a stand on the issue of MAI and so have their libraries. The effect on libraries, according to the BCLA Information Policy Committee is tremendous. Libraries would essentially be in competition with corporations and therefore corporations could argue to have the same funding and privileges as libraries (public and academic). If this were to take place, libraries could eventually loose the funding they have and information would only be available to those able and willing to pay corporations.

Websites:

• The Council of Canadians Multilateral Agreement on Investment Information opposing the MAI.
• The Globalization and the MAI Information Centre This site is hosted by the National Centre for Sustainability (NCFS), a non-government organization focusing on education toward sustainability and is put together on a voluntary basis. The site includes a webliography with a vast amount of articles, websites, and listservs relating to the MAI.
• MAI Information Page This site was published as an assignment for a course at University of California at Irvine. The site includes basic information relating to the FOR and AGAINST positions of the MAI. It is a great overview source and focusing on the environmental aspects of the MAI.
• MAI Reports and Mandates from the OECD
• The MAI and LibrariesThis is a posting from Fiona Hunt to the IFLA listserv (International Federation of Library Associations and Institutions) regarding the possible effect of the MAI on libraries and how we can help.
• MAI Not! This is a Canadian organization that is opposed to the MAI. Read about Sierra Club of Canada: Documents on how the MAI will effect the environment. The Sierra Club is opposed to the MAI.
• Organization for Economic Co-operation and Development (OECD) MAI Home Page The MAI treaty is being negotiated by the OECD (http://www.oecd.org) and this is the home page for the MAI. Keep in mind the source of the information when reading this as there will be an "in favor of" slant.

Library Association Information:

• "British Columbia Library Association Opposes the MAI", British Columbia Library Association, April 20, 1998.
• Canadian Library Association This library association has compiled information and links to MAI issues.
• The MAI and LibrariesThis is a posting from Fiona Hunt to the IFLA listserv (International Federation of Library Associations and Institutions) regarding the possible effect of the MAI on libraries and how we can help.

Articles: Here are a few current articles on the MAI. No articles located in Lexis Nexis or IAC-Insite discuss the MAI and libraries.

• Johnston, Donald, "The Case for MAI", The Financial Times, February 24, 1998.
• Kahn, Jeremy, "Investing Abroad Made Safer?", Fortune, January 12, 1998.
• Newman, Peter C., "MAI: a Time Bomb With a Very Short Fuse", Maclean's, March 2, 1998.
• Paris, "The sinking of the MAI", The Economist, March 14, 1998.
• Toulin, Alan, "OECD's Johnston Determined MAI Discussions Will Proceed", The Financial Post, March 2, 1998.

Back to List of Legal Questions Last Updated: October 15, 1998