(c) Canada has not submitted reservations to the MAI to allow it to take measures to protect or preserve the Canadian environment. This would reduce the financial capacity of governments to participate freely in these activities. Reserves are unilateral statements by governments that say they are not bound by an international contractual obligation. Reservations about multilateral agreements such as the MAI can only be expressed in the manner defined in the treaty. It is important to note that not all government activities can be reserved in accordance with international treaties. A reservation in international law is a reservation about the adoption of a treaty by a state. A reservation is defined as follows in the 1969 Vienna Convention on Contract Law (VCLT): before signing a booking contract, sellers should verify that the conditions comply with the requirements of the code and ensure that they do not enter into any other agreement for the same property with another party. b) Canada has not yet proposed a reserve on the protection of cultural or cultural industries. In light of the decision of the most recent international commercial tribunals, this is an important area of reserve and Canada faces the challenge of foreign governments and foreign investors. Reservations are now permitted as unilateral statements made during treaty negotiations. The international treaty governing the organization and interpretation of treaties, the Vienna Convention on Treaty Law, defines a caveat: reservations to the MAI are interpreted in accordance with these complex rules of international law.
To reduce this complexity, NAFTA contained specific rules for the interpretation of reserves. These rules generally provide for a hierarchy of interpretation in which the descriptive element of a reservation is used to describe the actual list of the measure. If reservation agreements were in place, the buyer and seller would be tied to a transaction after paying a sale price. A booking contract may include (1) a booking fee, (2) an agreed purchase price and (3) the duration of the contract. Perhaps the most well-known and controversial reservations are those that the United States had when the Convention on the Prevention and Punishment of the Crime of Genocide was signed in 1986. The reservations were the same: the absence of these rules through the MAI will make it more difficult for governments to use reserves effectively to enable them to maintain otherwise inconsistent measures. In the field of culture, there are many investment issues. Commitments made within the MAI, such as national treatment, performance requirements and expropriation, can all be used to prevent governments from implementing or maintaining cultural policies to improve unique domestic cultures. On the basis of the WTO`s decision to appeal Canadian magazines, Canadian cultural policies, such as the postal subsidy, would be contrary to the national rules of treatment proposed in the MAI. Similar concerns may arise from the policy of creating a national film distribution system or from the widespread practice of basing arts funding on previous local activities.
