Mr. Philip Kelly:

Because they will not represent and will not be adopted as the law of the European Union or member states. There is no proposal from anybody in Canada or Europe to do so. Our best legal advice from the Attorney General is that our interpretation is correct and that the agreement sets out that the arbitration system will not be able to decide on the legality or otherwise of the measure complained about. All it will be able to do is decide whether somebody under the terms of the agreement has been treated unfairly and what damage has been caused.