Public Citizen’s Lori Wallach has an analysis of that leaked document from the negotiations of the Trans-Pacific Partnership, and it’s really even worse than anticipated.
The leaked text provides stark warnings about the dangers of “trade” negotiations occurring without press, public or policymaker oversight. It reveals that negotiators already have agreed to many radical terms granting expansive new rights and privileges for foreign investors and their private corporate enforcement through extra-judicial “investor-state” tribunals.
Although TPP has been branded as a “trade” agreement, the leaked text shows that TPP would limit how signatory countries may regulate foreign firms operating within their boundaries, with requirements to provide them greater rights than domestic firms. The leaked text reveals a two-track legal system, with foreign firms empowered to skirt domestic courts and laws to directly sue TPP governments in foreign tribunals. There they can demand compensation for domestic financial, health, environmental, land use laws and other laws they claim undermine their new TPP privileges.
The leak also reveals that all countries involved in TPP talks – except Australia – have agreed to submit to the jurisdiction of such foreign tribunals, which would be empowered to order payment of unlimited government Treasury funds to foreign investors over TPP claims.
Wallach writes that there are 600 “corporate advisors” to the TPP, which have full access to the documents and the negotiators. Meanwhile, the public, the press, and even lawmakers have to learn about the terms of the deal through leaks like this. And then there’s this trap door:
The TPP may well be the last trade agreement that the U.S. negotiates. This is because the TPP, if completed, would have a new feature: it would be open for any other country to later join. TPP offered an opportunity to develop a new trade agreement model that could deliver the benefits of expanded trade without undermining signatory nations’ domestic public interest policies or establishing special privileges for foreign corporations. President Obama campaigned on fixing these investment rules to protect the public interest. Unfortunately, Public Citizen’s analysis of this text shows that the U.S. positions do not reflect the changes that candidate Obama pledged to remedy this regime’s threats.
So while the countries involved in this deal – Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam – are not substantially bigger than the two involved in NAFTA, when you have this turnkey feature, it’s basically a model for a global trade deal that puts corporate interests over national sovereignty.
Some other exciting tidbits:
• The deal forbids participating nations to apply financial transaction taxes or capital controls.
• Health and land use policies, government procurement decisions, regulatory permits, intellectual property rights and regulation of financial instruments such as derivatives would all be subjects open for corporations to go to the international tribunals and subvert national rules.
• “The foreign tribunals would be staffed by private sector lawyers who rotate between acting as ‘judges’ and representing corporations suing governments, posing major conflicts of
interest.”
• Investors have the right to claim damages from governments based on their own expectations of how they should be treated, in terms of regulations or permitting.
• “U.S. negotiators alone are pushing for foreign investors to have greater rights than domestic investors with respect to disputes relating to procurement contracts with the signatory governments, contracts for natural resource concessions on land controlled by the national government, and contracts to operate utilities.”
This is basically a NAFTA-style deal that the whole world can eventually plug into. The only alibi I’ve seen so far is that this won’t prevent the establishment of regulations. But the investor-state relations provisions in NAFTA have already led to $300 million in payouts from governments to corporate investors. Obviously, if governments want to avoid the payouts, they have to change their environmental, public health, or financial regulations.
Josh Eidelson has some reactions from labor:
Celeste Drake, a trade policy specialist for the AFL-CIO, said the federation has voiced concerns with U.S. officials that the language could be used to attack labor regulations like mandatory overtime or maternity leave. She says “they have not shared our concerns, but have also not presented a compelling argument regarding why such challenges could not happen under our existing investment language.” Given Obama’s campaign rhetoric about reining in over-broad investor rights like those in NAFTA, said Drake, “definitely, it’s a disappointment.” She said the AFL-CIO hopes that negotiators from other countries will seek “to put in text that would be friendlier to human beings than what the traditional U.S. text is.” [...]
“This is what happens when you get an administration that is pretty much in the lap of corporate America,” said Chris Townsend, the political action director for the United Electrical, Radio and Machine Workers of America and a longtime Obama critic. “That’s who they perform for, and that’s who most of them will go to work for after they lose the election in November.”
Harshness of the day award to Chris Townsend.





32 Comments


Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
This is what bullies do.
WTO has become a pain in the neck, so just go around it & est alternate.
How low Vietnam has sunk. Who could have anticipated that.
Thank you, David.
Realizing what Obama is trying to push through on behalf of corporate powers, it becomes obvious that he is not our president, he is their boy.
Obama will not be a party to the International Criminal Court, but he will be a party to this.
Why bother to have elections?
Surely you’re forgetting how NAFTA turned upstate New York into a boomtown.
What sort of power would these foreign tribunals have to enforce their decisions?
“President Obama campaigned on fixing these investment rules to protect the public interest.”
Which means that he intended to do the opposite. Why keep bringing political campaign promises up as if they were ever legitimate? Who keeps insisting on ignoring this pattern, this rule of political speech? Are these the same people who buy Extenze because they really believe the ads?
“. . . when you have this turnkey feature, it’s basically a model for a global trade deal that puts corporate interests over national sovereignty.”
The nation state is very likely dying. Before it gets flung in the dustbin of history, corporations intend on sucking it dry.
why bother having elections they are now a farce. We are now a nation of slaves run by the corporations for the corporations.
Thanks for the report, David. I keep wondering who Obama will indict for espionage because of this leak.
All aboard the robber barron express. slaves camps up ahead. men first three carts, women children the next three, elderly and sick please board express marked next stop disney. leave all your belongings on platform, and your worries at the door. All hail the corporations.
(it’s basically a model for a global trade deal that puts corporate interests over national sovereignty.)
No – it gives corporate sovereignty.
national sovereignty is gone.
corporate states
the nation state is gone
the full force of the US government and military
Nevermind. Misread the question.
I don’t know.
Believe it or not I heard something about this from a republican friend of mine a few weeks ago and I just blew him off because every other thing that had come out of his mouth that evening was the same Rush inspired blather that we always hear from these idiots. Now I’m going to have to admit to him that he was right.
That pisses me off as much as anything.
Treaties require a two-thirds supermajority vote. Let’s see who’s for us and who’s bought. Nafta isn’t a treaty. What was the vote? Trade agreements don’t subjugate the Constitution. I am against this if even it doesn’t include countries which demonstrate human rights abuses. Just like all those decades before we started torturing people with impunity. If it can be made here, it can’t be imported. Simple, and most certainly not a trade war. After all, that was also practiced for decades. Successfully. That was also when bribes were cause for imprisonment. Guess we forgot.
These idiots in charge of labor unions are destroying it. To describe this as “has not shared our concerns”, “disappointed”, etc. shows total lack of passion. These people are in charge of unions that are being destroyed, and absolutely no passion. They should be foaming at the mouth. This is what is destroying the power of labor, and these people are just “disappointed”. Amazing.
I guess all we can do is stand back and watch now
The first quotation above in David’s piece mentions that Australia took exception to the foreign tribunals bit – I went to scoop.co.nz and found the press release of the Australian Fair Trade and Investment Network, in which Dr. Patricia Ranald comments:
“…We have long campaigned against this provision, because its inclusion in other agreements has allowed corporations to sue governments over health and environment legislation. The Australian Government’s policy has been reinforced by its battle against the current attempt of Philip Morris tobacco company to sue the Australian government damages over its tobacco plain packaging legislation under the provisions of an obscure 1993 Hong Kong Australia investment agreement,” explained Dr Ranald.
“Overall, the leaked chapter still gives increased rights to foreign investors. It limits the ability of the government to regulate levels of foreign investment, and does not permit governments to require foreign investors to contribute to the local economy by buying local goods or transferring technology. The chapter applies to all forms and areas of investment, unless specifically exempted by each government. These restrictions could tie the hands of government to regulate in areas like foreign investment in farmland, the expansion of the coal seam gas industry, or in some areas of taxation,” explained Dr Ranald .
I also found an article which states that the US is seeking to have an exception made with respect to tobacco products, though that appears to be to prevent candy flavored cigarettes from coming in from Indonesia. Interesting that the two components of note have a common theme: tobacco. (I thought we the people won the tobacco wars??)
Sounds like the Shock Doctrine without the shock.
This must be hope & change progressiness we were promised.
Don’t be pissed. But please question the possibility that the R/D paradigm is a distraction intended to keep us from noticing that the corporations own the corporatists (i.e. Obamney)… and the left / right action is little more than Kabuki Theater.
Before long our pledge will be:
“I pledge allegiance to the CEO of the United Corporations of America and to the Fascist Republic for which it stands, one corporation, under dictated media, divisible, with less liberty and corporal punishment for all.”
NAFTA is an “agreement”
Waterboarding is an “enhanced interrogation technique”
18 year old males are “enemy combatants”
Don’t kid yourself into thinking that the MOTU don’t “have the votes” for TPP. Their goal is not to get the votes. Their goal is to make TPP happen.
If the votes aren’t there, the MOTU will simply redefine everything until they get what they want.
I’ve always assumed elections were a farce. How else does one explain the electoral college, the long history of campaign contributions by the very rich, the historical political disenfranchisement of most of the population, the dominance of the two-party system, etc. etc.
Now a nation of slaves?! Now?! Shit, that’s exactly how we started out. The Founding Fathers are just what we call our original 1%-ers. :)
Better to use the word “employee” than the word “boy.” Other wise some people will mention the racist card they hold. And never mind, that many of us used to say that Georgie Pordgie was “their boy.”
OH this type of thing has already been re-defined. Seventy years ago, and anything the scope of NAFTA would have required a two thirds approval vote in the Congress. So all of that is now “an agreement” and not a trade “act” – that way a simple majority and we have once again been had.
I know… and of course, Libya was a “kinetic action” not a war.
Yeah, very likely. However, having the US military violently enforce foreign interests domestically might undermine the patriotism that so often gets folks to join or otherwise support the military. On the other hand, apparently most cops and soldiers have not had a problem beating, shooting or imprisoning US citizens if the bosses tell them to.
MIght be some bending over involved.
One of the advantages regarding popular resistance to corporations–if we can talk about advantages in light of this trade issue–is that they may garner far less deference, sympathy or loyalty from US citizens. Folks who might be reluctant to challenge the US government might feel just fine resisting Chevron or Haliburton. I guess we’ll see.
I saw Wallach yesterday on DemocracyNow and this TPP thing is the scariest threat I’ve ever seen.
This is when we need Jane to get back in the game full-throttle to organize the opposition, starting with that damned conference in San Diego in July.
Gotta get Chris Hedges, Noam Chomsky, Naomi Klein, etc., leading the battle as well.
While many firepups may be aghast at the thought, I’m certain that Pat Buchanan opposes the TPP. Glenn Beck is probably similarly-minded… as would be the Tea Party.
That’d definitely expand the protest group.