A game that have already been released can't be used to pad a list of new releases. You won't see me listing GoT with upgrade as a launch title for PS5.
According to which treaty, law or judgment?
Those are next gen games. That's a fact. And while it won't do much for existing owners, people who didn't own one of the previous consoles will be happy to know that these next gen versions exist and therfore they're certainly a reason to buy a next gen console.
You could make the same exact point for every crappy remaster but I bet you'd still consider the God of War Collection as a PS3 game worth listing and not as two PS2 games.