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Paul Merrell

New Leak Of Final TPP Text Confirms Attack On Freedom Of Expression, Public Health - 0 views

  • Offering a first glimpse of the secret 12-nation “trade” deal in its final form—and fodder for its growing ranks of opponents—WikiLeaks on Friday published the final negotiated text for the Trans-Pacific Partnership (TPP)’s Intellectual Property Rights chapter, confirming that the pro-corporate pact would harm freedom of expression by bolstering monopolies while and injure public health by blocking patient access to lifesaving medicines. The document is dated October 5, the same day it was announced in Atlanta, Georgia that the member states to the treaty had reached an accord after more than five years of negotiations. Aside from the WikiLeaks publication, the vast majority of the mammoth deal’s contents are still being withheld from the public—which a WikiLeaks press statement suggests is a strategic move by world leaders to forestall public criticism until after the Canadian election on October 19. Initial analyses suggest that many of the chapter’s more troubling provisions, such as broader patent and data protections that pharmaceutical companies use to delay generic competition, have stayed in place since draft versions were leaked in 2014 and 2015. Moreover, it codifies a crackdown on freedom of speech with rules allowing widespread internet censorship.
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
Gary Edwards

The Senate Has Passed the TPP Fast Track Bill-We Now Take Our Fight to the House | Elec... - 0 views

  • Lawmakers have headed back to their home district for the Memorial Day recess, so there's a chance you, as a constituent, can meet with them. Absent that, you can visit their district staff who can receive and forward on your concerns to your representative even after lawmakers go back to the Capitol. They will be receptive to the concerns of smart, tech-savvy constituents who care enough to arrange a meeting. We know there's a big difference between calling and writing to your congressperson, and actually talking to them face-to-face. But this is a vital moment, and there's a fighting chance that your decision to meet with your representative's office could make all the difference.
  • If you're interested, read this guide on how to set up a meeting with your lawmakers. We also prepared a hand out with talking points for you to take with you when you go. We also encourage you to tell them about our letter with 250 tech companies and user rights groups urging Congress to oppose the TPP Fast Track for containing provisions that threaten digital innovation and users. Powerful corporate interests like the Motion Picture Association of America, Recording Industry Association of America, and the Business Software Alliance are intent on having anti-user trade deals pass without proper oversight. That's because the policies they're pushing for couldn't otherwise pass in a participatory, transparent process. It's up to us to stop this massive, secret corporate hand out, and we're going to need all the help we can get. If you end up meeting with your representative or their staff, please email info@eff.org to let us know how it went!
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    "The Senate passed a bill Friday night to put the Trans-Pacific Partnership (TPP) on the Fast Track to approval. Its passage followed a series of stops and starts-an indication that this legislation was nearly too rife with controversy to pass. But after a series of deals and calls from corporate executives, senators ultimately swallowed their criticism and accepted the measure. If this bill ends up passing both chambers of Congress, that means the White House can rush the TPP through to congressional ratification, with lawmakers unable to fully debate or even amend agreements that have been negotiated entirely in secret. On the plus side, all of these delays in the Senate has led other TPP partners to delay any further negotiations on the trade agreement until Fast Track is approved by Congress. So the fight now starts in the House, where proponents of secret trade deals still lack the votes to pass the bill. But the White House and other TPP proponents are fiercely determined to garner enough support among representatives to pass the bill, in order to give themselves almost unilateral power to enact extreme digital regulations in secret. We cannot let that happen. In the House, we still have a chance to block the passage of Fast Track. That's why we are asking people in the U.S. to meet with their representatives and staff to nudge them to make the right decision. Back in DC, they may have heard arguments for and against the TPP. Your representative might think this so-called trade agreement is just about free trade, but they might not know how the copyright provisions and other leaked proposals in the TPP threaten the Internet, as well as users, developers, and start-ups across the country."
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

The TPP is Dead. What Happens Next? | Global Research - Centre for Research on Globaliz... - 0 views

  • On Monday, the US president-elect Donald Trump announced that the US will pull out of the Trans-Pacific Partnership (TPP) trade pact on his first day in office (January 20). In a video message outlining his policy plans for the first 100 days in the Oval Office, Trump stated: “I am going to issue a notification of intent to withdraw from TPP, a potential disaster for our country. Instead, we will negotiate fair, bilateral trade deals that bring jobs and industry back on to American shores.” The Obama administration was trying hard to seek US congressional ratification this year but it abandoned efforts after the victory of Trump. The TPP faced stiff political opposition cutting across party lines and ideologies. Both the major presidential candidates expressed their opposition to TPP and avowed to reject it once elected. Trump was very vocal in his opposition to TPP as well as NAFTA throughout his campaign. Whereas Hillary Clinton flip-flopped on the TPP pact. While serving as Secretary of State, she had praised TPP as setting the “gold standard in trade agreements” but reversed her position during the presidential campaign due to tough primary challenge from TPP critic Bernie Sanders.
  • Japan is the only member-country which voted to ratify the TPP deal early this month. As per the rules laid out in the TPP, the agreement allows a two-year ratification period in which at least six original member-countries, representing 85 percent of the combined GDP of the grouping, should approve the text for the agreement to be implemented. The US accounts for nearly 60 percent of the grouping’s GDP. With the US announcing its withdrawal, the TPP agreement simply cannot enter into force even if all the remaining 11 member-countries ratify it. In simple terms, the TPP, in its present form, is effectively dead.
Paul Merrell

Turnbull: Potential for China to join TPP after US exit | Australia News | Al Jazeera - 0 views

  • Australia and New Zealand have said they hope to salvage the Trans-Pacific Partnership (TPP) by encouraging China and other Asian countries to sign up, after President Donald Trump formally pulled the US out of the huge trade deal. The agreement, the biggest trade deal in history, was signed in 2015 by 12 countries, which together account for 40 percent of the global economy.
  • Malcolm Turnbull, Australia's prime minister, said on Tuesday his government was in "active discussions" with other signatories - including Japan, New Zealand and Singapore - on how to salvage the agreement. "It is possible that US policy could change over time on this, as it has done on other trade deals," Turnbull told reporters in Canberra, adding that the nominee for US Secretary of State Rex Tillerson and other Republicans supported the TPP. "There is also the opportunity for the TPP to proceed without the United States," he added. "Certainly there is the potential for China to join the TPP." The agreement, which has not yet gone into effect, was seen as a counter to China's rising economic influence. 
Paul Merrell

Is Hillary Double-Talking on Trade Deals? - Consortiumnews - 0 views

  • Did perennial Clinton rainmaker and current Virginia Governor Terry McAuliffe let the cat out of the bag? The “cat” is the widely-held suspicion that Democratic presidential candidate Hillary Clinton isn’t really opposed to the Trans Pacific Partnership (TPP). The “bag” is the campaign narrative that frames her election year reversal on the controversial trade accord as the outcome of an honest re-examination of a deal that she once hailed as “the gold standard in trade agreements.” Just to add to the confusion, Hillary Clinton failed to declare her opposition to the TPP in her historic acceptance speech. Instead, she asked assembled Democrats to join her if they “believe that we should say ‘no’ to unfair trade deals” and “stand up to China.”
  • It was an understandable omission given the grievances of Bernie loyalists poised to pounce on her every misstep. By avoiding the minefield completely she disappointed union leaders and deferred the issue until she debates Donald Trump. Until then, she — and notable surrogates like economist Joseph Stiglitz — will try to convince a trade-weary public that she’s truly committed to renegotiating the increasingly unpopular deal. She’ll also be beating-back the ghost of trade deals past. United Auto Workers President Dennis Williams claims Hillary assured him during the primary that she’s also committed to reopening the North American Free Trade Agreement (NAFTA). Like the TPP, she was for it before she was against it. And like Hillary’s campaign promise to tweak NAFTA, McAuliffe suggested in an interview with Politico that – if she wins the White House – Clinton would make a few tweaks in the Trans Pacific Partnership trade deal and then support it. These caveats fit into a long pattern of trade policy triangulation that raises the question: Is this policy reversal truly a switch or just another bait and switch? There is good reason for the buyer to beware.
Paul Merrell

The Island - 0 views

  • Barack Obama’s determined, if unbelievably secretive, bid to fast-track agreement on the Trans-Pacific Partnership (TPP) ‘not tomorrow, as they say, but yesterday’ is clearly driven by the bitter knowledge that America got well and truly pipped-at-the-post when China launched the Asian Infrastructure Investment Bank (AIIB). "Evidence of the relative power of the Chinese and American economies," wrote Pepe Escobar in Asia Times, "was the world’s reaction to China’s launch of the badly needed AIIB to provide development funds for Asia and beyond.   The level of funding necessary for such development has long been denied by the US-dominated World Bank and IMF."   More galling to the self-annointed ‘Indispensable Nation’ was that even its staunch allies, UK and Israel, unhesitatingly got on board AIIB – despite, as Escobar reveals, "the bullying of the US to stop them leaving the US and its cat’s paw in East Asia, Japan, out in the cold." More amazingly, added Escobar, the US actually thought it could write the rules of trade for China and East Asia!
  • Consider for instance, Obama’s speech on May 8, 2015 at a Nike factory in Oregon: "We have to make sure America writes the rules of the global economy and we should do it today while our economy is in a position of global strength. If we don’t write the rules for trade around the world, guess what, China will. And they’ll write those rules in a way that gives Chinese workers and Chinese businesses the upper hand." What is one to conclude from such an unabashed ‘confession’ except that the imperial mind-set is still very much alive and kicking in the 21st Century? The TPP or Trans-Pacific Partnership is being put together in absolute secrecy, so what little has become public knowledge is thanks to Wikileaks. What needs to be remembered is that the US already trades heavily with the other 11 nations included in the TPP talks. Economist and leading commentator Paul Krugman’s blunt assessment: "This not a trade agreement. It’s about intellectual property and dispute resolution; the big beneficiaries are likely to be pharma companies and firms that want to sue governments."
  • And that, precisely, happens to be the bone of contention between Obama and Democratic Senator Elizabeth Warren, who has been particularly critical of the so-called ‘Investor State Dispute Settlement’ provisions in the TPP which, she charged publicly, would empower corporations to use international courts to sue the US government and other state institutions of signatory governments that enact regulations and ‘protections’ which impact on the profits of corporations. The Obama administration, for its part, argues that the deal is instead about trade and increasing American exports abroad. It has set up a web page on the US Trade Representative’s (USTR) site listing the benefits of exports from each of America’s fifty states resulting from the TPP. But an obscure government document put out by that very same USTR office adequately makes Senator Warren’s case for her! That document happens to be the USTR’s annual report on "foreign trade barriers" around the world, going country by country to list complaints the US government has about their laws with respect to commerce.
Paul Merrell

Progressives: We've Never Heard Of This "Progressive" Group Backing Obama's Trade Deal ... - 0 views

  • On Wednesday, progressives were surprised to learn they were “split” on President Obama’s trade agenda. Few issues have galvanized the American left like trade promotion authority, legislation that would pave the way for the administration to fast-track trade negotiations and the Trans-Pacific Partnership (TPP) — the trade deal the Obama administration is working tirelessly to make a reality and many Democrats oppose. From senators to the activists that make up the organized left (trade unions, environmentalists, human rights advocates), progressives can’t stand the trade deal. Yet there it was in black and white: “RIFT AMONG PROGRESSIVES EMERGES ON TPP,” read a headline in Politico’s daily labor and employment tipsheet, Morning Shift. The short item detailed the emergence of the “Progressive Coalition for American Jobs ” — a group of “progressives and Democrats committed to leveling the playing field for American workers,” according to the coalition’s barebones website. The website adds that “it’s critical that we give the president trade promotion authority and establish the Trans-Pacific Partnership.”
  • There’s something weird about the group, though: No one in the Washington, D.C., progressive community seems to have ever heard of them before. “Who are they? Are they getting paid? And this group will convince anybody of what?” asked Sen. Sherrod Brown. “There is zero progressive interest in this [trade promotion authority].” The group’s website provides few details about when the coalition was launched or who’s working for the group. But the team behind the Progressive Coalition for American Jobs includes some of the most senior members of Obama’s campaign team. Lefty site Daily Kos reported Mitch Stewart, the former aide the president tapped to run Organizing For America, and Lynda Tran, the former OFA press secretary are involved. A press release earlier in the week announcing the group came from 270 Strategies, the campaign firm started by Stewart and Obama’s former field director, Jeremy Bird. Tran told BuzzFeed News the purpose of the group was to boost liberal voices who support the Obama trade agenda.
  • While there is Democratic support for increasing free trade and the White House has made an effort to placate progressives, arguing any deal will include tough language supporting labor rights and environmental protections, that message hasn’t landed with the left. The Progressive Caucus in the House has released their own set of trade principles arguing that they believe it’s “possible to negotiate a trade agreement that doesn’t replicate the mistakes of the past.” But as it currently stands, House progressives remain diametrically opposed to Obama’s trade agenda. “If you look at the progressives — labor unions, activists, online organizations — who are lined up against the TPP, there are no credible groups left to build a ‘coalition,’” said an aide to a progressive House member, who wasn’t authorized to speak on the record. “The creation of a front group like PCAJ is a sign people pushing for a bad trade deal don’t have the votes to jam the [trade deal] through Congress.”
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  • A senior Democratic leadership aide told BuzzFeed News that the emergence of a group like the Progressive Coalition For American Jobs would bring “some modicum of balance” to the public discussion of the trade negotiations. “I do think it’s helpful to have an outside space for this to happen and for progressives to have a more balanced conversation about this,” the aide said. That’s not how everyone feels, however. With the emergence of the Progressive Coalition For American Jobs, some progressives got the feeling Obama’s allies were trying to flip the script. “It’s insulting,” said Candice Johnson, spokesperson for the Communications Workers of America, one of the many unions organized against TPP. “You put progressive in your name and that’s going to convince people?” She called the group “fake,” noting that it includes none of the biggest names in progressive politics in its coalition. Johnson wasn’t alone in that characterization. “As far as I know, the only thing ‘progressive’ about this so called ‘Progressive Coalition for American Jobs’ is the first word of the group’s name,” said Becky Bond, president of CREDO, the San Francisco-based progressive activist known to tangle publicly with the White House.
  • “At this point, 270 strategies is well known for its AstroTurf efforts to slap a progressive label on the endeavors of Wall Street Wing Democrats and their corporate masters, but this is an earth-shattering new low,” Neil Sroka, spokesperson for Democracy For America, the progressive group formed from the remnants of Howard Dean’s 2004 presidential bid, told BuzzFeed News in an email. “You can be a progressive committed to fighting for working families or you can be for this massive job-killing trade deal written by 500 corporate reps, but you can’t be both.”
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.”
Paul Merrell

New WikiLeaks Trove Further Exposes TISA's Neoliberal Agenda - 0 views

  • WikiLeaks on Wednesday released a trove of documents detailing previously unknown pro-corporate provisions and updates to the Trade in Services Agreement (TISA), exposing the extent to which the U.S.-driven deal will force signatory nations to privatize public services and deregulate corporations. As the 52 nations involved in TISA comprise a full two-thirds of global GDP, the deal is poised to impact billions of lives around the world. The 18th round of negotiations on TISA resumed Thursday. Released for the very first time on Wednesday was TISA’s annex on “State-Owned Enterprises” (SOEs), which mandates that public services must be treated like private businesses. The documents reveal that the annex was introduced only two days after the U.S. successfully forced through similar text in the Trans-Pacific Partnership (TTP) in October 2015.
  • Trade expert Jane Kelsey, who teaches law at the University of Auckland, described how the U.S. pushed through such provisions in order to target other nations’ public services—and China’s in particular: When the [TPP] negotiations began in 2010 the U.S. made it clear that it required a chapter on SOEs. The goal was always to create precedent-setting rules that could target China, although the U.S. also had other countries’ SOEs in its sights—the state-managed Vietnamese economy, various countries’ sovereign wealth funds, and once Japan joined, Japan Post’s banking, insurance and delivery services. All the other countries were reluctant to concede the need for such a chapter and the talks went around in circles for several years. Eventually the U.S. had its way. “The U.S. proposal for TISA adopts and adapts key parts of the [TPP] chapter that force majority-owned SOEs to operate like private sector businesses,” Kelsey added. “The most extreme, complicated and potentially unworkable provisions in the [TPP] relating to state support are not included—yet. But there is an extraordinary power for a single TISA party to require the development of those rules if another TISA country, or a country seeking to join TISA, has too many large SOEs.”
  • Observers have long taken note of the implicitly anti-China stance of the several U.S.-backed pro-corporate “free trade” deals being negotiated now. While TISA is perhaps the least well-known of these agreements, together with the TPP and the TransAtlantic Trade and Investment Pact (TTIP), the deals “form not only a new legal order shaped for transnational corporations, but a new economic ‘grand enclosure,’ which excludes China and all other BRICS countries,” as WikiLeaks founder Julian Assange put it last year. The leaked documents also showed new, multinational-friendly updates to sections of the deal titled “Domestic Regulation,” “Transparency,” and “New Provisions.” The latest versions, argues WikiLeaks, have further advanced towards the ‘deregulation’ objectives of big corporations entering overseas markets. Local regulations like store size restrictions or hours of operations are considered an obstacle to achieve ‘operating efficiencies’ of large-scale retailing, disregarding their public benefit that foster livable neighbors and reasonable hours of work for employees.
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  • Consumer protection advocates are outraged that such radically pro-corporate deals are being hidden and negotiated away from public view. “Consumer organizations shouldn’t have to rely on leaks to find out about negotiations that will have a major impact on consumers’ lives,” said Amanda Long, general director of the UK-based Consumers International, on Wednesday. “Without greater transparency, the negotiations can’t be exposed to the scrutiny needed to design a good agreement and build public trust, this must be a priority.” The impact of such an agreement will indeed be major: “The TISA provisions in their current form will establish a wide range of new grounds for domestic regulations to be challenged by corporations—even those without a local presence in that country,” WikiLeaks concluded. Kelsey observed, “As President Obama said of the [TPP] in October 2015, these agreements are about the U.S. making the rules for the global economy in the 21st century[…] in ways that ‘reflect America’s values.'”
Gary Edwards

The secret corporate takeover of trade agreements | Business | The Guardian - 0 views

  • The US and the world are engaged in a great debate about new trade agreements. Such pacts used to be called free-trade agreements; in fact, they were managed trade agreements, tailored to corporate interests, largely in the US and the EU. Today, such deals are more often referred to as partnerships, as in the Trans-Pacific Partnership (TPP). But they are not partnerships of equals: the US effectively dictates the terms. Fortunately, America’s “partners” are becoming increasingly resistant. It is not hard to see why. These agreements go well beyond trade, governing investment and intellectual property as well, imposing fundamental changes to countries’ legal, judicial, and regulatory frameworks, without input or accountability through democratic institutions. Perhaps the most invidious – and most dishonest – part of such agreements concerns investor protection. Of course, investors have to be protected against rogue governments seizing their property. But that is not what these provisions are about. There have been very few expropriations in recent decades, and investors who want to protect themselves can buy insurance from the Multilateral Investment Guarantee Agency, a World Bank affiliate, and the US and other governments provide similar insurance. Nonetheless, the US is demanding such provisions in the TPP, even though many of its partners have property protections and judicial systems that are as good as its own.
  • The real intent of these provisions is to impede health, environmental, safety, and, yes, even financial regulations meant to protect America’s own economy and citizens. Companies can sue governments for full compensation for any reduction in their future expected profits resulting from regulatory changes. This is not just a theoretical possibility. Philip Morris is suing Uruguay and Australia for requiring warning labels on cigarettes. Admittedly, both countries went a little further than the US, mandating the inclusion of graphic images showing the consequences of cigarette smoking. The labeling is working. It is discouraging smoking. So now Philip Morris is demanding to be compensated for lost profits. In the future, if we discover that some other product causes health problems (think of asbestos), rather than facing lawsuits for the costs imposed on us, the manufacturer could sue governments for restraining them from killing more people. The same thing could happen if our governments impose more stringent regulations to protect us from the impact of greenhouse gas emissions.
  • When I chaired Bill Clinton’s council of economic advisers, when he was president, anti-environmentalists tried to enact a similar provision, called “regulatory takings”. They knew that once enacted, regulations would be brought to a halt, simply because government could not afford to pay the compensation. Fortunately, we succeeded in beating back the initiative, both in the courts and in the US Congress. But now the same groups are attempting an end run around democratic processes by inserting such provisions in trade bills, the contents of which are being kept largely secret from the public (but not from the corporations that are pushing for them). It is only from leaks, and from talking to government officials who seem more committed to democratic processes, that we know what is happening.
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  • Fundamental to America’s system of government is an impartial public judiciary, with legal standards built up over the decades, based on principles of transparency, precedent, and the opportunity to appeal unfavourable decisions. All of this is being set aside, as the new agreements call for private, non-transparent, and very expensive arbitration. Moreover, this arrangement is often rife with conflicts of interest; for example, arbitrators may be a judge in one case and an advocate in a related case. The proceedings are so expensive that Uruguay has had to turn to Michael Bloomberg and other wealthy Americans committed to health to defend itself against Philip Morris. And, though corporations can bring suit, others cannot. If there is a violation of other commitments – on labour and environmental standards, for example – citizens, unions, and civil society groups have no recourse. If there ever was a one-sided dispute-resolution mechanism that violates basic principles, this is it. That is why I joined leading US legal experts, including from Harvard, Yale, and Berkeley, in writing a letter to Barack Obama explaining how damaging to our system of justice these agreements are.
  • American supporters of such agreements point out that the US has been sued only a few times so far, and has not lost a case. Corporations, however, are just learning how to use these agreements to their advantage. And high-priced corporate lawyers in the US, Europe and Japan will likely outmatch the underpaid government lawyers attempting to defend the public interest. Worse still, corporations in advanced countries can create subsidiaries in member countries through which to invest back home, and then sue, giving them a new channel to bloc regulations. If there were a need for better property protection, and if this private, expensive dispute-resolution mechanism were superior to a public judiciary, we should be changing the law not just for well heeled foreign companies but also for our own citizens and small businesses. But there has been no suggestion that this is the case.
  • Rules and regulations determine the kind of economy and society in which people live. They affect relative bargaining power, with important implications for inequality, a growing problem around the world. The question is whether we should allow rich corporations to use provisions hidden in so-called trade agreements to dictate how we will live in the 21st century. I hope citizens in the US, Europe and the Pacific answer with a resounding no. Joseph Stiglitz, a Nobel laureate in economics, is a professor at Columbia University. His most recent book, co-authored with Bruce Greenwald, is Creating a Learning Society: A New Approach to Growth, Development, and Social Progress
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    Economist Joseph Stiglitz takes on the TPP (Trans Pacific Partnership) trade agreement, explaining how corporations will use the agreement to side step environmental and regulatory laws of sovereign nations. Amazing stuff. No doubt Wall Street Money is behind these trade agreement. The Banksters are said to own over 40% of the world's corporations and these agreements are designed to establish corporate sovereignty while greatly diminishing state sovereignty. It's the New World Order. "Terms such as 'investor' and 'partner' are taking on new meanings as multinationals manipulate deals to take legal action against sovereign states"
Paul Merrell

Speaker Ryan: Not enough votes for TPP trade deal - CBS News - 0 views

  • House Speaker Paul Ryan, R-Wisconsin, said Thursday that the landmark Trans-Pacific Partnership trade deal doesn't have enough votes to pass Congress right now."I don't think the votes are there right now because of the concerns about what's in the TPP," Ryan told reporters at his weekly press conference. "The point is we shouldn't bring something up if we're not confident that we have the support there for it so I think the president and the administration has a lot more work to do to get support for this document because there are some legitimate concerns about it."
  • The president formally signed the deal on February 3, calling it a "forward-looking trade deal that sets new, high standards for trade and investment in one of the world's fastest growing and most important regions." He highlighted the deal's elimination of more than 18,000 taxes that various countries levy on American products, said it promotes a "free and open Internet" and includes "the strongest labor standards and environmental commitments in history."But there are still major concerns about the deal inside and out of Congress, including a carve-out that will prevent tobacco companies from suing nations with regulations aimed at reducing smoking, intellectual property issues relating to biologics, and some provisions dealing with dairy and financial services. There are also still major concerns among labor groups about whether the labor standards are up to snuff.Mr. Obama broke with many members of his own party this year when he asked Congress for authority to fast-track a massive Asia-Pacific free trade deal called the Trans-Pacific Partnership (TPP).
Paul Merrell

Hillary Clinton Just Made Passage of the TPP Much More Difficult | The Nation - 0 views

  • In a Wednesday afternoon interview with PBS, Hillary Clinton announced that she is opposed to the Trans-Pacific Partnership trade deal that was finalized just two days earlier. “As of today, I am not in favor of what I have learned about it,” she told Judy Woodruff. “I don’t believe it is going to meet the high bar I have set.” Ad Policy There will be endless analysis and chatter about how this impacts the Democratic presidential primary—but forget that for now. The real intrigue is how Clinton has impacted what’s sure to be a close vote in Congress on the TPP next year, because from almost any angle, Clinton’s position will make its passage much more difficult.
Paul Merrell

Why Public Banks Outperform Private Banks: Unfair Competition or a Better Mousetrap? | ... - 0 views

  • Public banks in North Dakota, Germany and Switzerland have been shown to outperform their private counterparts. Under the TPP and TTIP, however, publicly-owned banks on both sides of the oceans might wind up getting sued for unfair competition because they have advantages not available to private banks.
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    Ellen Brown opposes fast-tracking the TPP and TTIP in part because they would allow private banksters to sue publically-owned banks for unfair competition. I have no sympathy for the private banksters. None. 
Paul Merrell

WikiLeaks - Secret Trans-Pacific Partnership Agreement (TPP) - Investment Chapter - 0 views

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    The previously leaked chapter on copyrights makes clear that the TPP would be a disaster for a knowledge society. This chapter makes clear that only corprorations may compel arbitration; there is no corresponding right for human beings to do so. The disregard for national judicial systems is also noteworthy.
Paul Merrell

Treaties and International Law - Treaties for which NZ is Depositary - Trans-Pacific St... - 0 views

  • Text of the Trans-Pacific Partnership The text of the Agreement was released by TPP Parties on 5 November 2015 and can be accessed by chapter below. The text will continue to undergo legal review and will be translated into French and Spanish language versions prior to signature.
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    Here's the text of the TPP, boys and girls.
Paul Merrell

The Western Alliance Is Crumbling: EU Is Abandoning U.S. on Overthrowing Assad | Global... - 0 views

  • Europe is being overrun by refugees from American bombing campaigns in Libya and Syria, which created a failed state in Libya, and which threaten to do the same in Syria. Europe is thus being forced to separate itself from endorsing the U.S. bombing campaign that focuses against the Syrian government forces of the secular Shiite Syrian President Bashar al-Assad, instead of against his fundamentalist Sunni Islamic opponents, the jihadist groups (all of which are Sunni), such as ISIS, and Al Qaeda in Syria (al-Nusra).
  • Russia announced on October 2nd that their bombing campaign against America’s allies in Syria — ISIS and Al Nusra (the latter being Al Qaeda in Syria) — will intensify and will last “three or four months.” U.S. President Barack Obama is insisting upon excluding Russia from any peace talks on Syria; the U.S. will not move forward with peace talks unless Syria’s President Bashar al-Assad first steps down. But Russia is the only serious military power against the jihadists who are trying to defeat Assad, and Russia is now committing itself also to providing Lebanon with weapons against the jihadists, who are America’s allies in Lebanon too.
  • That’s hardly the only ‘legacy’ issue for Obama — his war against Russia, via overthrowing Gaddafi, then Yanukovych, and his still trying to overthrow Assad — which is now forcing the break-up of the Western Alliance, over the resulting refugee-crisis. An even bigger such conflict within the Alliance concerns Obama’s proposed treaty with European states, the TTIP, which would give international corporations rights to sue national governments in non-appealable global private arbitration panels, the dictates from which will stand above any member-nation’s laws. Elected government officials will have no control over them. This supra-national mega-corporate effort by Obama is also part of his similar effort in his proposed TPP treaty with Asian nations, both of which are additionally aimed to isolate from international trade not just Russia, but China, so as to leave America’s large international corporations controlling virtually the entire world. As things now stand regarding these ‘trade’ deals, Obama will either need to eliminate some of his demands, or else the European Commission won’t be able to muster enough of its members to support Obama’s proposed treaty with the EU, the TTIP (Transatlantic Trade and Investment Partnership). Also, some key European nations might reject Obama’s proposed treaty on regulations regarding financial and other services: TISA (Trade In Services Agreement). All three of Obama’s proposed ‘trade’ deals, including the TPP (Trans-Pacific Partnership) between the U.S. and Asian countries, are the actual culmination of Obama’s Presidency, and they’re all about far more than just trade and economics. The main proposed deal with Europe might now be dead.
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  • On September 27th, France’s newspaper SouthWest featured an exclusive interview with Matthias Fekl, France’s Secretary of State for Foreign Trade, in which he said that “France is considering all options, including outright termination of negotiations” on the TTIP. He 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. After all, France has, throughout all of the negotiations, received “no serious offer from the Americans”; not now, and not back at the start of the negotiations in 2013. The U.S. has been steadfast. 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: First, I am opposed to private arbitration of disputes between States and businesses. [It would place corporate arbitrators above any nation’s laws and enable them to make unappealable decisions whenever a corporation sues a nation for alleged damages for alleged violations of its rights by that nation of the trade-treaty.] Such a procedure is strictly contrary to the idea that I have of the sovereignty of States. … Secondly, I am opposed to any questioning of the European system of appellations of origin. Tomorrow, 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.
  • Thirdly, I am opposed to the signing of an agreement with a power that legalizes widespread and systematic spying on my fellow European citizens and European businesses. Edward Snowden’s revelations are instructive in this regard. As long as the agreement does not protect the personal data of European and US citizens, it cannot be signed. Fourth, the United States proposes a transatlantic common financial space, but they adamantly refuse a common regulation of finance, and they refuse to abolish systematic discrimination by the US financial markets against European financial services. They want to have their cake and eat it too: I object to the idea of a common area without common rules, and I reject commercial discrimination. Fifth, I object to the questioning of European health protections. Washington must understand once and for all that notwithstanding its insistence, we do not want our plates or 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. Sixth, I object to 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. China proposes to eliminate this unfair advantage by making “special drawing rights” of the IMF the new global reference currency. But 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.]
  • Seventh, beyond the audiovisual sector alone, which is the current standard of government that serves as a loincloth to its cowardice on all other European interests in these negotiations, I want all the cultural exceptions prohibited. In particular, it is unacceptable to 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.” President Obama’s negotiator is his close personal friend, Michael Froman, a man who is even trying to force Europe to reduce its fuel standards against global warming and whose back-room actions run exactly contrary to Obama’s public rhetoric. Froman and Obama have been buddies since they worked together as editors on Harvard Law Review. He knows what Obama’s real goals are. Also: “Froman introduced Mr. Obama to Robert E. Rubin, the former Treasury secretary,” who had brought into the Clinton Administration Timothy Geithner and Larry Summers, and had championed (along with them) the ending of the regulations on banks that the previous Democratic President, Franklin Delano Roosevelt, had put into place. (President Bill Clinton signed that legislation just as he left office, and this enabled the long process to occur with MBS securities and with financial derivatives, which culminated with the 2008 crash, and this same legislation also enabled the mega-banks to get bailed out by U.S. taxpayers for their crash — on exactly the basis that FDR had outlawed.)
  • Froman has always been a pro-mega-corporate, pro-mega-bank champion, who favors only regulations which benefit America’s super-rich, no regulations which benefit the public. Froman’s introducing the Wall Street king Robert Rubin to the then-Senator Obama was crucial to Obama’s becoming enabled to win the U.S. Presidency; Robert Rubin’s contacts among the super-rich were essential in order for that — Obama’s getting a real chance to win the Presidency — to happen. It enabled Obama to compete effectively against Hillary Clinton. Otherwise, he wouldn’t have been able to do that. His winning Robert Rubin’s support was crucial to his becoming President. The chances, that President Obama will now be able to get the support from any entity but the U.S. Congress for his proposed TTIP treaty with Europe, are reducing by the day. Europe seems to be less corrupt than is the United States, after all. The only independent economic analysis that has been done of the proposed TTIP finds that the only beneficiaries from it will be large international corporations, especially ones that are based in the United States. Workers, consumers, and everybody else, will lose from it, if it passes into law. Apparently, enough European officials care about that, so as to be able to block the deal. Or else: Obama will cede on all seven of the grounds for Europe’s saying no. At this late date, that seems extremely unlikely.
Gary Edwards

Soros, Leader of the Liberal Empire - New Emails Reveal His Control in the Clinton Camp... - 0 views

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    "If Hillary Clinton becomes the President of the United States, then liberal billionaire George Soros becomes the most powerful person on the planet.  EARLIER TODAY, DML POSTED A VIDEO OF SOROS STATING HE WANTS ONE-WORLD-GOVERNANCE (SEE IT WITH YOUR OWN EYES BY CLICKING HERE). That said, WikiLeaks has unleashed another flood of emails showing Soros was the VIP to be pleased by all Clinton aides and team members, almost at any cost. A new batch of John Podesta emails show Clinton was advised to do fundraisers and profiting events for one simple reason: to make Soros "happy." Example 1: On Oct. 7, 2014, top aide Huma Abedin wrote an email to campaign manager Robby Mook that Soros is expecting Clinton to appear at a fundraiser for America Votes, a liberal Soros-funded organization. "I would only do this for political reasons (ie to make Soros happy)," Mook replied. Example 2: On Jan. 23, 2011, Soros wrote a specifically scripted email to Clinton regarding a "a serious situation" in Albania, claiming certain actions needed to be done "urgently." He suggested appointing a mediator, Miroslav Lajcak. The next day, Lajcak met Albanian leaders for a mediation effort. Example 3: This one is downright sinister in nature. Hours after Justice Antonin Scalia was reported dead on Feb. 13, 2016, Chris Stone, the president of the Open Society Foundations that Soros funds, cryptically emailed Podesta the following: "Remember our discussion of Wallace Jefferson, [former] Chief Justice in Texas?" Podesta's simple response: "Yup." Other examples of emails show a plethora of Soros' policy beliefs and suggestions being passed on to Clinton and Podesta: An invitation to the screening of a film about climate change at Soros' house in July 2015; a short documentary based on Soros' essays about Ukraine in January 2015; a Soros-authored piece titled "Recapitalize the Banking System" in October 2008; the crisis in Malaysia and TPP. In the en
Paul Merrell

Shining a Spotlight on Shadow Regulation of the Internet: 2016 in Review | Electronic F... - 0 views

  • Over the past few years, Internet users have found their voice in the halls of power. Through legal challenges, speaking to legislators, and effective online organizing, we've beat back many attempts to create mechanisms of censorship and strip speakers of their privacy. We defeated the SOPA/PIPA Internet blacklist bills, and the ACTA and TPP agreements, and stood up for net neutrality as a free speech principle. But these victories had a side effect: corporate and government interests who seek to edit the Internet and regulate others' speech have turned to private agreements. These agreements can create restrictions that are as effective as any law, but without the need for approval by a court or parliament. Sometimes they are even initiated by government officials, who offer companies the Hobson's choice of coming up with a "voluntary" solution or submitting to government regulation. This year, we've begun to shine a spotlight on these Shadow Regulations, and hold them to the same high standards as we do for laws.
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