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madfloridian

(88,117 posts)
Sun Apr 26, 2015, 12:17 AM Apr 2015

TPP branded as trade agreement, but what's really at stake. From Public Citizen. [View all]

Branded as trade agreement, but what's really at stake.

Trade officials from twelve Pacific Rim nations--Australia, Brunei, Canada, Chile,
Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vi-
etnam are in intensive, closed door negotiations to sign the TransPacific Partner-
ship (TPP), a sweeping Free Trade Agreement (FTA), in 2014. Every Pacific Rim na-
tion from China to Russia could eventually be included. There are draft texts for
many of this pact’s 29 chapters, most of which have nothing to do with trade, but
rather impose limits on domestic food safety, health, environmental, and other policies. The governments won’t release the texts to the public. But about 600 U.S. corporate “trade advisors” have full access. America’s worst job offshoring corporations, global banks, agribusiness, and pharmaceutical giants want this deal to be another corporate power tool like the North American Free Trade Agreement (NAFTA). Consumer, labor, environmental, and other public interest advocates want a transparent process and a “Fair Deal or No Deal.”

A major goal of U.S. multinational corporations for the TPP is to impose on more countries a set of extreme foreign investor privileges and rights and their private enforcement through the notorious “investor state” system. This system allows foreign corporations to challenge before international tribunals national health, consumer safety, environmental, and other laws and regulations that apply to domestic and foreign firms alike. Outrageously, this regime elevates individual corporations and investors to equal standing with each TPP signatory
country’s government and above all of us citizens. This regime would empower corporations to skirt national courts and directly challenge our governments before tribunals of private sector lawyers operating under UN and World Bank rules to demand taxpayer compensation for domestic regulatory policies that investors believe
diminish their “expected future profits.”
These regulatory policies can be anything from government procurement contracts and environmental protection to financial regulation.

If a corporation “wins”, the taxpayers of the “losing” country must foot the bill. Over $400 million in compensation has already been paid out to corporations in a series of investor
state cases under NAFTA style deals alone.


And a little from one of my favorite columnists, Michael Hiltzik.

On the other side of the argument is the trade pact's potential to foster economic growth and job creation — "650,000 jobs in the U.S. alone," as Secretary of State John F. Kerry asserted last month. But that widely challenged figure is extrapolated from a 2012 report by the Peterson Institute of International Economics, which didn't offer a jobs estimate. In fact, the report said the TPP might dislocate workers and drive older people out of the workforce — and that any benefits might be canceled out by the resulting costs to workers and society. Evidence from earlier trade pacts, including the North American Free Trade Agreement, suggests that the benefits for developing countries among the treaty signatories are similarly oversold.


Here is more from the Public Citizen website about the Investor State system.

Investor-State Attacks: Empowering Foreign Corporations to Bypass our Courts, Challenge Basic Protections

Among the most dangerous but least known parts of today's "trade" agreements are extraordinary new rights and privileges granted to foreign corporations and investors that formally prioritize corporate rights over the right of governments to regulate and the sovereign right of nations to govern their own affairs. These terms empower individual foreign corporations to skirt domestic courts and directly challenge any policy or action of a sovereign government before World Bank and UN tribunals.

Comprised of three private attorneys, the extrajudicial tribunals are authorized to order unlimited sums of taxpayer compensation for health, environmental, financial and other public interest policies seen as frustrating the corporations' expectations. The amount is based on the "expected future profits" the tribunal surmises that the corporation would have earned in the absence of the public policy it is attacking. There is no outside appeal. Many of these attorneys rotate between acting as tribunal "judges" and as the lawyers launching cases against the government on behalf of the corporations. Under this system, foreign corporations are provided greater rights than domestic firms.

This extreme "investor-state" system already has been included in a series of U.S. "trade" deals, forcing taxpayers to hand more than $400 million to corporations for toxics bans, land-use rules, regulatory permits, water and timber policies and more.
Under a similar pact, a tribunal recently ordered payment of more than $2 billion to a multinational oil firm. Just under U.S. deals, more than $38 billion remains pending in corporate claims against medicine patent policies, pollution cleanup requirements, climate and energy laws, and other public interest policies.


At the bottom of that link there are more examples of other cases going on.

I was also reading a post here today that I had missed.

Fact or Fiction: Does the Hatch-Wyden-Obama Trade Promotion Authority Bill Protect U.S. Sovereignty

Thanks, Cali, for posting that.

I am surprised at how many still compare sincere questioning about such a drastic policy to being a hater of Obama. I still get feedback that is ugly when I question how public education and public school teachers have been steamrolled by this administration's corporate education reform.

I hope the use of terms like hater soon stops, or else it is going to be a tough time until next November.

My late hubby and I supported Obama both times, not just donating but locally taking part as well. It makes me feel like I am no longer part of a party when questioning policies brings labels like that.


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Excellent post MF, Thanks for this! haikugal Apr 2015 #1
This is an extremely important issue and yet I don't see one single Right-Red Arrow rhett o rick Apr 2015 #54
Important post. Faryn Balyncd Apr 2015 #2
And a really good link here. Often I can not get to Wikileaks, times out on me. madfloridian Apr 2015 #9
Thank you MF. The analysis in that file is very clear and straightforward. hedda_foil Apr 2015 #25
Hi hedda, it is good analysis. madfloridian Apr 2015 #29
K&R..... daleanime Apr 2015 #3
Does anyone have any doubt that the more opportunities Baitball Blogger Apr 2015 #4
...^ that 840high Apr 2015 #63
first 20 pages or so are us companies suing.canada elehhhhna Apr 2015 #5
And this one about Ecuador stunned me. Wasn't aware of it. madfloridian Apr 2015 #6
Gimme a lumberjack_jeff Apr 2015 #7
K&R... 2naSalit Apr 2015 #8
K&R liberal_at_heart Apr 2015 #10
all I can say is "What's the matter with Kansas" should be read by some on DU bbgrunt Apr 2015 #11
I have never read that book. madfloridian Apr 2015 #23
What's the rush? It's been years in the making (in secret). The least our Congressional leaders can jalan48 Apr 2015 #12
I'm glad that the word 'sovereignty' has been raised. This is the most concerning sabrina 1 Apr 2015 #13
And just imagine you are one of those little countries subject to this plan. They would not have the jwirr Apr 2015 #26
This is how it would work. Those Corps could sue the US, that would be the people of course, sabrina 1 Apr 2015 #45
"not a democracy if the people are kept completely in the dark" madfloridian Apr 2015 #42
Obama And Clinton billhicks76 Apr 2015 #62
brought to us by our extreme corporate owned leadership... nt msongs Apr 2015 #14
Occupy was right. There should be world wide Occupy right now. L0oniX Apr 2015 #40
+1 dreamnightwind Apr 2015 #52
thanks, MF, for posting this cali Apr 2015 #15
Too many good posts drop around here. madfloridian Apr 2015 #16
And being more than a trade agreement is not necessarily a bad thing depending on the details. pampango Apr 2015 #17
I wish you'd read the leaked chapters cali Apr 2015 #19
I have. They are. Every complicated agreement has parts I don't like including, I'm sure, pampango Apr 2015 #20
When it is too late? So what, the only time it matters to be against is when you can stop it. TheKentuckian Apr 2015 #60
Why in the world would we want to stay in the trade agreements that JDPriestly Apr 2015 #66
Apparently Republicans love TPP ... GeorgeGist Apr 2015 #61
+1000 smirkymonkey Apr 2015 #18
You do realize we've never lost an investor-state dispute? Not one? Your claims regarding payout msanthrope Apr 2015 #21
The tpp extends the possibility that we will cali Apr 2015 #22
"I'm less concerned about the U.S. than other nations." That is an interesting take on TPP. pampango Apr 2015 #24
I don't think that it is so much US that will bring down those standards. I think the added power jwirr Apr 2015 #30
Because we have enough money to fight - those little countries are not going to be in the same jwirr Apr 2015 #28
That doesn't mean we shouldn't lose. For example the despicable Renco case riderinthestorm Apr 2015 #35
yep.actually our companies use this to challenge elehhhhna Apr 2015 #53
It's a matter of time. JDPriestly Apr 2015 #67
K/R marmar Apr 2015 #27
Yes the corporations deeply wish to include in the agreements a path around regulation HereSince1628 Apr 2015 #31
It sounds like a move toward "arbitration" KansDem Apr 2015 #33
Yes, but it's an arbitration by a stacked panel of corporate lawyers HereSince1628 Apr 2015 #34
And who is pushing this HARD SELL style? 99Forever Apr 2015 #32
The guys who paid the bandleader to make the dance happen HereSince1628 Apr 2015 #37
And that bandleader is? 99Forever Apr 2015 #38
I only caught a glimpse of him entering the Bilderberger confab... HereSince1628 Apr 2015 #41
Soon the Fortune 500 will have to negotiate Trade Deals with each other. Octafish Apr 2015 #36
K&R FloriTexan Apr 2015 #39
..... madfloridian Apr 2015 #44
Thank you StopTheTPP Apr 2015 #43
Is imported lipstick being used on this pig? Tierra_y_Libertad Apr 2015 #46
Imported lead and mercury laden lipstick. historylovr Apr 2015 #49
I can't wait for a certain group of posters to assure us Art_from_Ark Apr 2015 #68
K & R Lifelong Protester Apr 2015 #47
More of a treaty with corporate nation-states. DirkGently Apr 2015 #48
K & R historylovr Apr 2015 #50
TPP = Citizens United blkmusclmachine Apr 2015 #51
Clearly there are two factions re. this issue. The Corp Faction vs. The People Faction. rhett o rick Apr 2015 #55
The cream of idiocy was the notion that President Obama would veto the bill if it was bad. Jesus Malverde Apr 2015 #57
The deniers are desperate to defend the President. nm rhett o rick Apr 2015 #58
I'm not sure they ever supported the President, seems they're doing the bidding Jesus Malverde Apr 2015 #59
+1 BeanMusical Apr 2015 #65
k & R Thanks for this very important post MF. It's the Big Tuna for corps, pols & investors, appalachiablue Apr 2015 #56
K & R AzDar Apr 2015 #64
Ability of corporations to squeeze the life out of individual cities, small nations lostnfound Apr 2015 #69
oops ucrdem Jun 2015 #70
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