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Paul Merrell

The Trans-Pacific Partnership and the Death of the Republic | WEB OF DEBT BLOG - 0 views

  • On April 22, 2015, the Senate Finance Committee approved a bill to fast-track the Trans-Pacific Partnership (TPP), a massive trade agreement that would override our republican form of government and hand judicial and legislative authority to a foreign three-person panel of corporate lawyers. The secretive TPP is an agreement with Mexico, Canada, Japan, Singapore and seven other countries that affects 40% of global markets. Fast-track authority could now go to the full Senate for a vote as early as next week. Fast-track means Congress will be prohibited from amending the trade deal, which will be put to a simple up or down majority vote. Negotiating the TPP in secret and fast-tracking it through Congress is considered necessary to secure its passage, since if the public had time to review its onerous provisions, opposition would mount and defeat it.
  • The most controversial provision of the TPP is the Investor-State Dispute Settlement (ISDS) section, which strengthens existing ISDS  procedures. ISDS first appeared in a bilateral trade agreement in 1959. According to The Economist, ISDS gives foreign firms a special right to apply to a secretive tribunal of highly paid corporate lawyers for compensation whenever the government passes a law to do things that hurt corporate profits — such things as discouraging smoking, protecting the environment or preventing a nuclear catastrophe. Arbitrators are paid $600-700 an hour, giving them little incentive to dismiss cases; and the secretive nature of the arbitration process and the lack of any requirement to consider precedent gives wide scope for creative judgments. To date, the highest ISDS award has been for $2.3 billion to Occidental Oil Company against the government of Ecuador over its termination of an oil-concession contract, this although the termination was apparently legal. Still in arbitration is a demand by Vattenfall, a Swedish utility that operates two nuclear plants in Germany, for compensation of €3.7 billion ($4.7 billion) under the ISDS clause of a treaty on energy investments, after the German government decided to shut down its nuclear power industry following the Fukushima disaster in Japan in 2011.
  • Under the TPP, however, even larger judgments can be anticipated, since the sort of “investment” it protects includes not just “the commitment of capital or other resources” but “the expectation of gain or profit.” That means the rights of corporations in other countries extend not just to their factories and other “capital” but to the profits they expect to receive there.
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  • Under the TPP, could the US government be sued and be held liable if it decided to stop issuing Treasury debt and financed deficit spending in some other way (perhaps by quantitative easing or by issuing trillion dollar coins)? Why not, since some private companies would lose profits as a result? Under the TPP or the TTIP (the Transatlantic Trade and Investment Partnership under negotiation with the European Union), would the Federal Reserve be sued if it failed to bail out banks that were too big to fail? Firestone notes that under the Netherlands-Czech trade agreement, the Czech Republic was sued in an investor-state dispute for failing to bail out an insolvent bank in which the complainant had an interest. The investor company was awarded $236 million in the dispute settlement. What might the damages be, asks Firestone, if the Fed decided to let the Bank of America fail, and a Saudi-based investment company decided to sue?
  • Just the threat of this sort of massive damage award could be enough to block prospective legislation. But the TPP goes further and takes on the legislative function directly, by forbidding specific forms of regulation. Public Citizen observes that the TPP would provide big banks with a backdoor means of watering down efforts to re-regulate Wall Street, after deregulation triggered the worst financial crisis since the Great Depression: The TPP would forbid countries from banning particularly risky financial products, such as the toxic derivatives that led to the $183 billion government bailout of AIG. It would prohibit policies to prevent banks from becoming “too big to fail,” and threaten the use of “firewalls” to prevent banks that keep our savings accounts from taking hedge-fund-style bets. The TPP would also restrict capital controls, an essential policy tool to counter destabilizing flows of speculative money. . . . And the deal would prohibit taxes on Wall Street speculation, such as the proposed Robin Hood Tax that would generate billions of dollars’ worth of revenue for social, health, or environmental causes.
  • Clauses on dispute settlement in earlier free trade agreements have been invoked to challenge efforts to regulate big business. The fossil fuel industry is seeking to overturn Quebec’s ban on the ecologically destructive practice of fracking. Veolia, the French behemoth known for building a tram network to serve Israeli settlements in occupied East Jerusalem, is contesting increases in Egypt’s minimum wage. The tobacco maker Philip Morris is suing against anti-smoking initiatives in Uruguay and Australia. The TPP would empower not just foreign manufacturers but foreign financial firms to attack financial policies in foreign tribunals, demanding taxpayer compensation for regulations that they claim frustrate their expectations and inhibit their profits.
  • What is the justification for this encroachment on the sovereign rights of government? Allegedly, ISDS is necessary in order to increase foreign investment. But as noted in The Economist, investors can protect themselves by purchasing political-risk insurance. Moreover, Brazil continues to receive sizable foreign investment despite its long-standing refusal to sign any treaty with an ISDS mechanism. Other countries are beginning to follow Brazil’s lead. In an April 22nd report from the Center for Economic and Policy Research, gains from multilateral trade liberalization were shown to be very small, equal to only about 0.014% of consumption, or about $.43 per person per month. And that assumes that any benefits are distributed uniformly across the economic spectrum. In fact, transnational corporations get the bulk of the benefits, at the expense of most of the world’s population.
  • Something else besides attracting investment money and encouraging foreign trade seems to be going on. The TPP would destroy our republican form of government under the rule of law, by elevating the rights of investors – also called the rights of “capital” – above the rights of the citizens. That means that TPP is blatantly unconstitutional. But as Joe Firestone observes, neo-liberalism and corporate contributions seem to have blinded the deal’s proponents so much that they cannot see they are selling out the sovereignty of the United States to foreign and multinational corporations.
  • For more information and to get involved, visit: Flush the TPP The Citizens Trade Campaign Public Citizen’s Global Trade Watch Eyes on Trade
Paul Merrell

Lawmakers Say TPP Meetings Classified To Keep Americans in the Dark | Global Research - 0 views

  • US Trade Representative Michael Froman is drawing fire from Congressional Democrats for the Obama adminstration’s continued imposition of secrecy surrounding the Trans-Pacific Parternship. (Photo: AP file) Democratic lawmaker says tightly-controlled briefings on Trans-Pacific Partnership deal are aimed at keeping US constituents ignorant about what’s at stake Lawmakers in Congress who remain wary of the Trans-Pacific Partnership (TPP) trade agreement are raising further objections this week to the degree of secrecy surrounding briefings on the deal, with some arguing that the main reason at least one meeting has been registered “classified” is to help keep the American public ignorant about giveaways to corporate interests and its long-term implications.
  • As The Hill reports: Members will be allowed to attend the briefing on the proposed trade pact with 12 Latin American and Asian countries with one staff member who possesses an “active Secret-level or high clearance” compliant with House security rules. Rep. Rosa DeLauro (D-Conn.) told The Hill that the administration is being “needlessly secretive.” “Even now, when they are finally beginning to share details of the proposed deal with members of Congress, they are denying us the ability to consult with our staff or discuss details of the agreement with experts,” DeLauro told The Hill. Rep. Lloyd Doggett (D-Texas) condemned the classified briefing. “Making it classified further ensures that, even if we accidentally learn something, we cannot share it. What is [Froman]working so hard to hide? What is the specific legal basis for all this senseless secrecy?” Doggett said to The Hill. “Open trade should begin with open access,” Doggett said. “Members expected to vote on trade deals should be able to read the unredacted negotiating text.”
  • “I’m not happy about it,” Rep. Alan Grayson (D-Fla.) told the Huffington Post, referring to the briefing with Froman and Labor Secretary Thomas Perez on Wednesday. The meeting—focused on the section of the TPP that deals with the controversial ‘Investor-State Dispute Settlement’ (ISDS) mechanism—has been labeled “classified,” so that lawmakers and any of their staff who attend will be barred, under threat of punishment, of revealing what they learn with constituents or outside experts. According to the Huffington Post: ISDS has been part of U.S. free trade agreements since NAFTA was signed into law in 1993, and has become a particularly popular tool for multinational firms over the past few years. But while the topic remains controversial, particularly with Democrats, many critics of the administration emphasize that applying national security-style restrictions on such information is an abuse of the classified information system. An additional meeting earlier on Wednesday on currency manipulation with Froman and Treasury Secretary Jack Lew is not classified.
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  • Among its other critics, Sen. Elizabeth Warren has slammed the idea of ISDS provisions as a surrender of democratic ideals to corporate interests. According to Warren, ISDS would simply “tilt the playing field in the United States further in favor of big multinational corporations.” By having unchallenged input on secretive TPP talks, Warren argued last month, these large companies and financial interests “are increasingly realizing this is an opportunity to gut U.S. regulations they don’t like.” According to Grayson, putting Wednesday’s ISDS briefing in a classified setting “is part of a multi-year campaign of deception and destruction. Why do we classify information? It’s to keep sensitive information out of the hands of foreign governments. In this case, foreign governments already have this information. They’re the people the administration is negotiating with. The only purpose of classifying this information is to keep it from the American people.”
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
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    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Gary Edwards

Thrive - 0 views

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    I listened to the Coast to Coast interview with Foster & Kimberly Gamble, who researched and produced the film "Thrive".  Fascinating stuff, but if you're a Coast to Coast regular, you've heard this all before.  The Gamble's are different however in that they really have produced a top notch, highly visual and engaging film documenting their research and interviews.  The energy and bankster discussions are really well done.  Let's hope this wake up call finds some traction. The one disappointing aspect of the Gamble's presentation is their hopefulness with the Occupy Wall Street movement.  Sure, of course, we we're all hopeful in the early days of the movement.  Until it became obvious that this was being driven by Saul Alinsky radical watermelons and Obammunists. After listening to the Gamble's for an hour, there's no doubt in my mind that they true Patriots, fully embracing the founders value for "individual liberty" and the system of ordered liberty embedded in the Constitution and Declaration.  But i don't think they have thought things out to the full extent of realizing that "individual liberty" and "socialism" are at odds.   A socialist believes the welfare of the society (the group) is more important than the liberty of the individual.  Socialist are at odds with the Constitution.  While libertarians welcome any help they can get overthrowing the heavy yoke of psychopathic banksters and crony corporatists, help from the socialists is very dangerous.  It's an established fact that Marx and Engels were hired and paid by global banksters to create a new system that would counter the economic, social and cultural forces of individual liberty.  Banksters and corporatists are quite willing to lend money and collect interest for vast and unsustainable socialist programs and military interventions racking up debt that spans and enslaves generations.  Socialism is the new indentured servitude.  And it will last as long as the banksters control the fia
Gary Edwards

Obama's secret TPP scheme will criminalize saving seeds, push biotech patent monopolies... - 0 views

  • TPP will allow evil corporations like Monsanto to rule over national governments One major aim of TPP is to punish countries that attempt to mandate the labeling of genetically-modified organisms (GMOs) or ban them outright. Key provisions in the international decree would allow corporations like Monsanto to actually sue governments for trying to protect their people against GMOs, all in the name of fostering "free trade."Farmers would also be prohibited from saving seeds under the plan as countries are forcibly grafted into a regulatory paradigm governed by patent monopolies. Although not every country attending the TPP meetings is on board with this agenda, the stated goal is to force all negotiating parties to make patents on plants available as well as to protect plant varieties under the 1991 Protection of New Varieties of Plants Act (UPOV 1991).
  • "The TPP will eliminate all nation states as the ruling authority and it will be supplanted by corporate authority," adds Hodges. "This will be made possible because of an obscure provision of the TPP known as the Investor State Dispute Settlement (ISDS).""ISDS allows corporations to sue governments, for any government action (at any level, including local government level) which hinders a corporation's future profits. Literally, Monsanto could provably be poisoning the entire population of a nation and the nation could do nothing which might result in the loss of profits to Monsanto."
  • The existing patent monopoly provisions of UPOV 1991 combined with TPP's even stricter one will create an agricultural nightmare for farmers who wish to grow clean, patent-free foods as well as save the seeds of their crops year after year. This will hit poorer farmers particularly hard. The new-found power of multinational corporations under TPP to dictate the agricultural destinies of signatory countries represents yet another plank in the establishment of corporations eventually holding absolute control over food.
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  • "[T]he new TPP language will prohibit farmers from saving and exchanging many varieties of seeds -- a practice vital to the livelihood and welfare of traditional farming communities -- and most likely increase multinational control of the farming industry in TPP nations," reads a review of TPP's provisions published in the Harvard Law School Human Rights Journal.
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    "TPP will allow evil corporations like Monsanto to rule over national governments One major aim of TPP is to punish countries that attempt to mandate the labeling of genetically-modified organisms (GMOs) or ban them outright. Key provisions in the international decree would allow corporations like Monsanto to actually sue governments for trying to protect their people against GMOs, all in the name of fostering "free trade." Farmers would also be prohibited from saving seeds under the plan as countries are forcibly grafted into a regulatory paradigm governed by patent monopolies. Although not every country attending the TPP meetings is on board with this agenda, the stated goal is to force all negotiating parties to make patents on plants available as well as to protect plant varieties under the 1991 Protection of New Varieties of Plants Act (UPOV 1991). "
Paul Merrell

Transatlantic Trade and Investment Partnership (TTIP) Negotiations Fall Apart Following... - 0 views

  • Back in January the EU Commission published their response to the consultation on TTIP and it was found that 97% of the 150,000 responses opposed the trade deal. These respondents represented the general public. The biggest petition in the EU’s history was then presented that contained the signatures of 2 million citizens (now nearly 3 million) opposed to TTIP. Both were rejected as were proposals even for a simple hearing of the European Citizens Initiative. Then in April this year, thousands of protestors took to the streets of cities all over Europe as unelected officials of the EU Commission continue to ignore the concerns of its citizens. In June, fellow MEPs from many political parties who are also opposed to TTIP joined Ukip in standing, shouting, booing and clapping to show their dissatisfaction with proceedings. MEPs were due to set out their first formal position on TTIP since negotiations started two years ago and the meeting descended into chaos (video). The meeting was then stopped by the commissioners. Meanwhile David Cameron has persistently attempted to call out those working to derail the deal. Cameron has accused critics of inventing false scare stories whilst urging business chiefs to help make the case to overcome sustained attacks from left-wing opponents and warned Britain would “rue the day if we miss this opportunity” to open up transatlantic markets.
  • Private arbitration of disputes between States and businesses. Such a procedure is strictly contrary to the idea that I have of the      sovereignty of States. … Any questioning of the European system of appellations of origin. According to the US proposal, there would be a non-binding register, and only for wines and spirits. Such a reform would kill many European local products, whose value is based on their certified origin. Signing of an agreement with a power that legalizes widespread and systematic spying on my fellow European citizens and European businesses. As long as the agreement does not protect the personal data of European and US citizens, it cannot be signed. Allowing the United States proposal of a transatlantic common financial space, who adamantly refuse a common regulation of finance, and they refuse to abolish systematic discrimination by the US financial markets against European financial services. The questioning of European health protections. We do not want our animals treated with growth hormones nor products derived from GMOs, or chemical decontamination of meat, or of genetically modified seeds or non-therapeutic antibiotics in animal feed.
  • Fekl, the Minister of State for Foreign Trade called on the United States to show “reciprocity” in the negotiations. “American members of parliament have access to a much higher number of documents than we do in Europe,” he said. The German people are now taking a stand and now it is being reported in the USA that sentiment is going against the deal – “It is entirely possible that the U.S. could seek to conclude the deal in the next few years only to find that European governments are unwilling to risk the ire of their voters”. Matthias Fekl, explained that, ever since the negotiations began in 2013, “These negotiations have been and are being conducted in a total lack of transparency,” and that France has, as of yet, received “no serious offer from the Americans.” The reasons for this stunning public rejection had probably already been accurately listed more than a year ago. Jean Arthuis, a member of the European Parliament, and formerly France’s Minister of Economy and Finance, headlined in Le Figaro, on 10 April 2014, “7 good reasons to oppose the transatlantic treaty”. There is no indication that the situation has changed since then, as regards the basic demands that President Obama is making. Arthuis said at that time, that he was opposed to;
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  • Cameron, who (increasingly) seldom listens to the general public or elected members of parliament representing the electorate will no doubt use all his powers to get this deal though to redeem himself after being called incompetent by his own military generals and by the Obama administration over Syria. In sharp comparison, both Paris and Berlin want the Investor State Dispute Settlement mechanism (ISDS) of TTIP removed from the transatlantic trade treaty currently being negotiated with Washington. This is a game changer. Matthias Fekl, the French Secretary of State for Foreign Trade, told EurActiv France that he would “never allow private tribunals in the pay of multinational companies to dictate the policies of sovereign states, particularly in certain domains like health and the environment”. That was back in January. Nine months later and France has now reinforced that message and gone one big step forward. In an interview with Sud-Ouest, Matthias Fekl threatened to “call a complete halt” to the TTIP negotiations if things do not change. EurActiv France reports. America has shown no desire to change any of the major issues that have been challenged. Fekl told the French newspaper that he believes the “total lack of transparency” in the Transatlantic Trade and Investment Partnership (TTIP) negotiations poses a “democratic problem”.
  • The signing of an agreement if it does not include the end of the US monetary dumping. Since the abolition of the gold convertibility of the dollar and the transition to the system of floating exchange rates, the dollar is both American national currency and the main unit for exchange reserves in the world. The Federal Reserve then continually practices monetary dumping, by influencing the amount of dollars available to facilitate exports from the United States. As things now stand, America’s monetary weapon has the same effect as customs duties against every other nation. [And he will not sign unless it’s removed.] Allow the emerging digital services in Europe to be swept up by US giants such as Google, Amazon or Netflix. They’re giant absolute masters in tax optimization, which make Europe a “digital colony.”
  • France is now considering “all options including an outright termination of negotiations” says France’s Trade Minister.
Gary Edwards

Is democracy a trade barrier? | European Public Affairs - 0 views

  • The United States and the European Union (EU) are negotiating a trade agreement, the Transatlantic Trade and Investment Partnership (TTIP). The aim is to lower trade barriers. Unfortunately those ‘barriers’ include not just traditional trade tariffs and quotas, but also the laws your elected representatives make.
  • This is why the fight against TTIP is a fight for democracy. It is not about protectionism, but rather the protection of our democratic laws over their business interests.
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    "In a democracy, elected representatives make laws. But with new trade agreements, businesses could co-write legislation. The United States and the European Union (EU) are negotiating a trade agreement, the Transatlantic Trade and Investment Partnership (TTIP). The aim is to lower trade barriers. Unfortunately those 'barriers' include not just traditional trade tariffs and quotas, but also the laws your elected representatives make. For example, Pierre Defraigne, former Deputy Director-General in the EU Commission Department responsible for Trade, sees the core battle of TTIP is over "the norms and standards in terms of environmental, health and consumer protection". This is why the fight against TTIP is a fight for democracy. It is not about protectionism, but rather the protection of our democratic laws over their business interests. If TTIP was to be signed, two new doors will be opened for businesses to influence legislation: 1. Firstly, regulatory co-operation will give access to industry before laws are to be signed. This means regulators and stakeholders work together for the convergence of laws across the Atlantic. 2. And secondly, once laws are enacted, private investors can sue the EU or US in private tribunals, outside of national courts (known as ISDS or investor-state dispute settlement). The example of the chemical Bisphenol A illustrates what both these 'open doors' for business could mean in practice. Used in everything from water bottles to the lining of food cans, Bisphenol A is one of the most ubiquitous endocrine disruptors. As such, it disrupts the hormonal system of the body, which is responsible for all vital features such as growth, sexual development, and even behaviour. Its presence in the natural world is already felt: two out of three fish caught in Austrian rivers are now female. Bisphenol A has been banned in France since 1st January 2015. This ban goes further than the existing EU ban. Meanwhile, Bisphenol A is stil
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