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PoliticAverse

(26,366 posts)
Thu Nov 5, 2015, 05:14 AM Nov 2015

Trans Pacific Partnership trade agreement text released

Source: Stuff New Zealand

The text of the controversial Trans Pacific Partnership trade deal has been released by the New Zealand Government, setting the scene for revived protests and political debate.

Thousands of pages documents detailing the sweeping provisions of the TPP were posted on the Ministry of Foreign Affairs and Trade website by New Zealand on behalf of TPP member countries late this evening.

The website said the text would continue to undergo legal review and would be translated into French and Spanish language versions prior to signatures.


Read more: http://www.stuff.co.nz/national/politics/73745864/trans-pacific-partnership-trade-agreement-text-released



US Government website with the text: https://ustr.gov/trade-agreements/free-trade-agreements/trans-pacific-partnership/TPP-Full-Text

New Zealand Government website with the text: http://www.mfat.govt.nz/Treaties-and-International-Law/01-Treaties-for-which-NZ-is-Depositary/0-Trans-Pacific-Partnership.php

Canadian Broadcasting Corporation article on the release:
http://www.cbc.ca/news/politics/tpp-text-release-canada-1.3305064
37 replies = new reply since forum marked as read
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Trans Pacific Partnership trade agreement text released (Original Post) PoliticAverse Nov 2015 OP
Bookmarking so that I can review the portions that interest me. JDPriestly Nov 2015 #1
I can think of several DUers that kept saying wait until it is released Omaha Steve Nov 2015 #2
Well said Steve FreakinDJ Nov 2015 #3
I was one of those saying wait until the document is released ... 1StrongBlackMan Nov 2015 #13
From a different perspective beardown Nov 2015 #19
Well, I've been saying that, and I'm looking forward to reading it now. Recursion Nov 2015 #15
Here is the US release Omaha Steve Nov 2015 #16
Thanks!!! Recursion Nov 2015 #17
Thanks, updated post. PoliticAverse Nov 2015 #26
Why New Zealand? What are they trying to do, hide the release? Demeter Nov 2015 #4
They were first due to being ahead timezone-wise. n/t PoliticAverse Nov 2015 #25
".... would be translated into French and Spanish language versions prior to signatures." pangaia Nov 2015 #5
Glad this was done before the next debate. thesquanderer Nov 2015 #6
Do you actually think TPTB would allow that line of questioning? Moliere Nov 2015 #9
The portion released by CBC Canada Thespian2 Nov 2015 #7
Care to cite that section? Indydem Nov 2015 #8
The technical term is "investor-state dispute settlement" starroute Nov 2015 #11
Well ... 1StrongBlackMan Nov 2015 #14
That seems to say no government can sue another government starroute Nov 2015 #20
Private Rights of Action ... 1StrongBlackMan Nov 2015 #21
That means country A can't create a law under which country B can be sued muriel_volestrangler Nov 2015 #23
NOT TRUE ... 1StrongBlackMan Nov 2015 #28
The bit you quoted was only about no new laws to sue countries in another country muriel_volestrangler Nov 2015 #29
Okay ... 1StrongBlackMan Nov 2015 #30
One doesn't have that right *under domestic law* against another country muriel_volestrangler Nov 2015 #31
So you are acknowledging that there is no private right to action beyond the tribunals? ... 1StrongBlackMan Nov 2015 #32
Your 'and therefore' doesn't make sense muriel_volestrangler Nov 2015 #33
Okay. I realize that; but, for the TPP established tribunals ... 1StrongBlackMan Nov 2015 #34
Thanks for Thespian2 Nov 2015 #36
Somehow a whole lot of people have only recently found out how treaties are enforced Recursion Nov 2015 #37
And don't forget the epically heinous TISA Moliere Nov 2015 #10
Yes Thespian2 Nov 2015 #35
Would you like US link to TPP publication? yallerdawg Nov 2015 #12
^^ Seconded Recursion Nov 2015 #18
I have taken a quick look at the 3 Chapters, most of interest to me ... 1StrongBlackMan Nov 2015 #22
Thanks, updated post. PoliticAverse Nov 2015 #27
Kick for later, nt stopwastingmymoney Nov 2015 #24

Omaha Steve

(99,760 posts)
2. I can think of several DUers that kept saying wait until it is released
Thu Nov 5, 2015, 06:15 AM
Nov 2015

It will change so much from what was leaked.

I hope they realize that they buried their head in the sand. They should never have allowed just an up or down vote on this massive job stealing monster.

Why did the POTUS need repukes to pass the package. Same POTUS that didn't renegotiate NAFTA like he promised when he was running in 08.

But when Bush lied, there was hell to pay on the DU!

OS
 

1StrongBlackMan

(31,849 posts)
13. I was one of those saying wait until the document is released ...
Thu Nov 5, 2015, 11:23 AM
Nov 2015

not so much because "it will (have) change(d) so much from what was leaked"; but rather, because the document is what IS, and should be what is reacted to ... whereas, reacting to a/the leaked documents is akin to reacting to a rumor.

They should never have allowed just an up or down vote on this massive job stealing monster.


As an avid and active union member, the up or down vote of Congress is just like the memberships up or down vote in a labor contract ... the union members do not get to alter the agreement that was negotiated.

beardown

(363 posts)
19. From a different perspective
Thu Nov 5, 2015, 11:58 AM
Nov 2015

some of us think that approach is like waiting until you are pregnant to start using birth control.

You've got a valid point about not going off rumors, but there has been a ton of intentional suppression of easy and clear access to this information and if you don't know who would benefit from this suppression and delay of the details than by the time you read the official doc and figure it out it may likely be too late.

Who would be likely to be releasing rumors that do NOT favor the coup, er, pact? Islamic economic terrorists, clever anarchists trying to cause a global economic collapse or democratic underground types concerned with the destruction of living wage jobs and removal of environmental protection?

Recursion

(56,582 posts)
15. Well, I've been saying that, and I'm looking forward to reading it now.
Thu Nov 5, 2015, 11:47 AM
Nov 2015

Is this just the NZ annexes, though? Or every country's?

 

Demeter

(85,373 posts)
4. Why New Zealand? What are they trying to do, hide the release?
Thu Nov 5, 2015, 07:24 AM
Nov 2015

Do they think New Zealand is less likely to be hacked or suffer DDS?

pangaia

(24,324 posts)
5. ".... would be translated into French and Spanish language versions prior to signatures."
Thu Nov 5, 2015, 07:55 AM
Nov 2015

WTF ???

Oh. I get it.. The signatures are guaranteed. But just to look good, they will translate it into a couple other languages.. What about Malaysian, Japanese, Mandarin, Arabic and Vietnamese??? Did I miss any?

thesquanderer

(11,995 posts)
6. Glad this was done before the next debate.
Thu Nov 5, 2015, 08:00 AM
Nov 2015

Now maybe HRC can explain exactly what she doesn't like in it. And then BS can explain why he wouldn't approve of it even with those parts changed. The debate about this can be much more substantive with the text available for all to see.

Thespian2

(2,741 posts)
7. The portion released by CBC Canada
Thu Nov 5, 2015, 08:01 AM
Nov 2015

failed to mention the Corporate Tribunals that will have sovereignty over the governments agreeing to this corporate grab for complete control of 40% of global economy...and complete control of the governments who are part of the pact...

Apparently, Canadians will continue to be kept in the dark...

This monster, plus TTIP, will solidify global control by the global oligarchs...


New World Order?

 

Indydem

(2,642 posts)
8. Care to cite that section?
Thu Nov 5, 2015, 08:08 AM
Nov 2015

The New Zealand text is available.

Unless "Corporate Tribunals" is all just made up nonsense.

starroute

(12,977 posts)
11. The technical term is "investor-state dispute settlement"
Thu Nov 5, 2015, 10:04 AM
Nov 2015

Last edited Thu Nov 5, 2015, 12:14 PM - Edit history (1)

It shouldn't be hard to find.

 

1StrongBlackMan

(31,849 posts)
14. Well ...
Thu Nov 5, 2015, 11:42 AM
Nov 2015
No TPP Party can provide for a private right of action under its domestic law
against any other TPP Party for failure to carry out the obligations in the TPP
Agreement.

Chapter 28, pg. 4


Well ... so much for the Armageddon, as interpreted from the leaks.

starroute

(12,977 posts)
20. That seems to say no government can sue another government
Thu Nov 5, 2015, 12:17 PM
Nov 2015

It doesn't say anything about private investors, who would have powers denied to any nation-state.

Armageddon back on schedule.

 

1StrongBlackMan

(31,849 posts)
21. Private Rights of Action ...
Thu Nov 5, 2015, 12:29 PM
Nov 2015

are available only to persons (including the legal fictioned, corporation) against government (nation states) or other individuals.

Armageddon averted by knowledge.

muriel_volestrangler

(101,385 posts)
23. That means country A can't create a law under which country B can be sued
Thu Nov 5, 2015, 01:28 PM
Nov 2015

for failure to carry out its obligations in the TPP Agreement. That doesn't stop foreign corporations taking the US government to court in the USA for loss of potential profit, or stop the non-court dispute resolution that gets decided by trade lawyers who also work for the corporations.

 

1StrongBlackMan

(31,849 posts)
28. NOT TRUE ...
Thu Nov 5, 2015, 03:44 PM
Nov 2015

While it maybe true that TPP does not allow for that (in haven't gotten that far into the Agreement) ... that is WHOLLY unrelated to the operation of "Private Right of Action(s)".

Private rights of actions creates the ability for Plaintiffs (individuals, including corporations) to bring suit, where there a right has been infringed upon.

TPP, explicitly, indicates there IS no mechanism for individuals, including corporations, to sue member-nations for harms arising out of the TPP. The only mechanism for relief is one member nation taking another member nation to the "tribunal."

muriel_volestrangler

(101,385 posts)
29. The bit you quoted was only about no new laws to sue countries in another country
Thu Nov 5, 2015, 04:02 PM
Nov 2015

That is clear from the text. If you believe " there IS no mechanism for individuals, including corporations, to sue member-nations for harms arising out of the TPP" then you better quote that instead.

On edit:

What we're looking at is Chapter 9, 'Investment', Annex 9-B

3. The second situation addressed by Article 9.7.1 (Expropriation and Compensation) is
indirect expropriation, in which an action or series of actions by a Party has an effect equivalent
to direct expropriation without formal transfer of title or outright seizure.
(a) The determination of whether an action or series of actions by a Party, in a
specific fact situation, constitutes an indirect expropriation, requires a case-bycase,
fact-based inquiry that considers, among other factors:
(i) the economic impact of the government action, although the fact that an
action or series of actions by a Party has an adverse effect on the economic
value of an investment, standing alone, does not establish that an indirect
expropriation has occurred;
(ii) the extent to which the government action interferes with distinct,
reasonable investment-backed expectations
;
36 and
(iii) the character of the government action.
(b) Non-discriminatory regulatory actions by a Party that are designed and applied to
protect legitimate public welfare objectives, such as public health,37 safety and the
environment, do not constitute indirect expropriations, except in rare
circumstances.

https://ustr.gov/sites/default/files/TPP-Final-Text-Investment.pdf

(my bolding)
 

1StrongBlackMan

(31,849 posts)
30. Okay ...
Thu Nov 5, 2015, 04:36 PM
Nov 2015

I see what you are saying ... I was going from the Chapter Summary; but, looking at the pertinent section:

Article 28.21: Private Rights
No Party may provide for a right of action under its domestic law against any other Party on the ground that a measure of the other Party is inconsistent with its obligations under this Agreement, or that the other Party has otherwise failed to carry out its obligations under this Agreement.


one STILL doesn't have a private right of action.

muriel_volestrangler

(101,385 posts)
31. One doesn't have that right *under domestic law* against another country
Thu Nov 5, 2015, 04:47 PM
Nov 2015

An investor does have the right to use the corporate-lawyer-arbitrated mechanism that the TPP provides. The loss of expected profit is to be taken into account in the decision, though there's not an automatic right to compensation just from loss of expected profit - from earlier in that chapter:

"For greater certainty, the mere fact that a Party takes or fails to take an action that may be
inconsistent with an investor’s expectations does not constitute a breach of this Article, even if
there is loss or damage to the covered investment as a result."

A comment on this:

Hidden deep within the voluminous text of the Trans-Pacific Partnership deal is a small, quiet victory for the thousands of people who protested the trade pact. The United States agreed to water down a much-debated proposal that lets corporations sue governments for alleged violations of the deal. The provision has become a rallying point for critics of the Trans-Pacific Partnership including Sen. Elizabeth Warren, D-Mass., and many environmental groups.

Like virtually hundreds of other agreements that cover investment, the Trans-Pacific Partnership allows companies to seek monetary damages from governments that violate the rules. But this one, in response to pressure from free-trade critics, includes caveats and exemptions that will complicate future lawsuits, according to the text of the agreement released Thursday.

“If you add all these things together, none is earth-shattering,” said Michael Smart, a vice president at Rock Creek Global Advisors. “But taken together, it puts a thumb on the scale that will ease the way for governments to defend their actions.”

The weakening of so-called investor-state dispute settlement will ensure the U.S. administration, which is seeking congressional approval of TPP before President Barack Obama leaves office, will get criticized from both sides. Critics will insist the very presence of arbitration in the deal is a giveaway to new corporations from TPP countries while supporters of the agreement, including Republicans, are likely to complain Obama gave up on something that’s been part of U.S. treaties since 1945.

http://www.ibtimes.com/trans-pacific-partnership-us-waters-down-corporate-investor-lawsuit-options-tpp-trade-2171277
 

1StrongBlackMan

(31,849 posts)
32. So you are acknowledging that there is no private right to action beyond the tribunals? ...
Thu Nov 5, 2015, 05:07 PM
Nov 2015

And therefore, the Investor take over of U.S. sovereignty of the analysis of the leaked documents was/is premature AND overblown.

And I suspect the other Armageddon claims will be, similarly, dispatched.

muriel_volestrangler

(101,385 posts)
33. Your 'and therefore' doesn't make sense
Thu Nov 5, 2015, 06:15 PM
Nov 2015

The tribunals are not under US sovereignty, and so a right to action under the tribunals is a loss of sovereignty.

Nothing has been 'dispatched'. Here, listen to a union leader:

From what we have reviewed so far, we are deeply disappointed that our policy recommendations and those of our trade reform allies in the environmental, consumer, public health, global development and business sectors were largely ignored. The investment rules still provide expansive new legal rights and powers to foreign businesses to challenge legitimate government actions, the labor enforcement provisions are still inadequate to address the enormous challenges posed by this deal and the lack of enforceable currency rules subject to trade sanctions mean the promised new export markets may never materialize.

http://www.aflcio.org/Blog/Political-Action-Legislation/The-Hardworking-Families-of-the-AFL-CIO-Will-Join-with-Our-Allies-to-Defeat-the-TPP-says-Trumka
 

1StrongBlackMan

(31,849 posts)
34. Okay. I realize that; but, for the TPP established tribunals ...
Thu Nov 5, 2015, 06:20 PM
Nov 2015

there would be NO venue for investors to seek redress due to TPP harms ... right?

And, your second link conflicts with your first link.

Recursion

(56,582 posts)
37. Somehow a whole lot of people have only recently found out how treaties are enforced
Thu Nov 5, 2015, 09:49 PM
Nov 2015

And came up with the term "corporate tribunals" to describe it.

Thespian2

(2,741 posts)
35. Yes
Thu Nov 5, 2015, 09:18 PM
Nov 2015

I don't know why I left that little creature out...I have heard these three called the "triangulation of death"...sorry, don't know where I read that...

yallerdawg

(16,104 posts)
12. Would you like US link to TPP publication?
Thu Nov 5, 2015, 10:46 AM
Nov 2015
https://ustr.gov/trade-agreements/free-trade-agreements/trans-pacific-partnership/TPP-Full-Text

"Whenever the people are well informed, they can be trusted with their own government; that whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights." - T. Jefferson
 

1StrongBlackMan

(31,849 posts)
22. I have taken a quick look at the 3 Chapters, most of interest to me ...
Thu Nov 5, 2015, 12:46 PM
Nov 2015

The Labor Section, the Environmental Section and the Dispute Resolution Section.

From what I've read ... I can't see how anyone can think the speculation from the leaked documents, is likely to occur, unless one just distrusts/has no faith in the whole process ... in which case, it doesn't matter what is actually in the agreement.

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