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
JDPriestly
(57,936 posts)Omaha Steve
(99,760 posts)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
FreakinDJ
(17,644 posts)1StrongBlackMan
(31,849 posts)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.
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)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)Is this just the NZ annexes, though? Or every country's?
Omaha Steve
(99,760 posts)Recursion
(56,582 posts)PoliticAverse
(26,366 posts)Demeter
(85,373 posts)Do they think New Zealand is less likely to be hacked or suffer DDS?
PoliticAverse
(26,366 posts)Last edited Thu Nov 5, 2015, 03:16 PM - Edit history (1)
pangaia
(24,324 posts)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)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.
Moliere
(285 posts)Thespian2
(2,741 posts)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)The New Zealand text is available.
Unless "Corporate Tribunals" is all just made up nonsense.
starroute
(12,977 posts)Last edited Thu Nov 5, 2015, 12:14 PM - Edit history (1)
It shouldn't be hard to find.
1StrongBlackMan
(31,849 posts)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)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)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)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)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)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
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)I see what you are saying ... I was going from the Chapter Summary; but, looking at the pertinent section:
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)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 investors 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:
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 thats 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)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)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:
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)there would be NO venue for investors to seek redress due to TPP harms ... right?
And, your second link conflicts with your first link.
Thespian2
(2,741 posts)explaining what I meant by my poor term...
Recursion
(56,582 posts)And came up with the term "corporate tribunals" to describe it.
Moliere
(285 posts)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)"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
Recursion
(56,582 posts)Everybody should read this.
1StrongBlackMan
(31,849 posts)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.