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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.

The article highlighted one document Osorio presented that revealed the bilateral precedent for what would become a multilateral system of regional repression: a secret accord between the Argentine and Paraguayan military intelligence services to "Collaborate in the struggle against subversion…" and the "… internment [of dissenters]…" " The agreement was dated September 12,1972, and signed by Paraguayan intelligence officer Col. Benito Guanes Serrano. Three years later, Guanes would also be one of the five original signatories of the secret Condor accords. Osorio discovered the document in the Archive of Terror in Paraguay. In September 1975, an assessment by a State Department intelligence analyst concluded that "The national security forces of the southern cone surpass the terrorists in cooperation at the international level…" Six weeks later, in Santiago, Chile, intelligence chiefs from Argentina, Bolivia, Chile, Paraguay and Uruguay signed an "Acta" officially establishing Operation Condor. Osorio introduced that pivotal document - provided to the Archive by a source in Chile - into evidence as well.

Two declassified U.S. documents presented to the tribunal underscored the contradictory response of high U.S. officials as they became aware of Condor operations in the summer of 1976. One well-known 13-page memorandum of conversation between Secretary of State Henry Kissinger and Argentine Foreign Minister Admiral Cesar Guzzetti dated June 10, 1976, revealed Kissinger’s endorsement of the regional collaboration to repress the left. After Guzzetti informed Kissinger that the Southern Cone regimes were engaged in "joint efforts" to fight "the terrorist problem," Kissinger essentially supported this approach: "If there are things that have to be done, you should do them quickly. But you should get back quickly to normal procedures," according to the declassified transcript Osorio provided to the court. "We want you to succeed. We do not want to harrass [sic] you," Kissinger concluded. "I will do what I can … "

After a CIA briefing to Kissinger’s top aides in late July 1976 on the Condor countries’ plans to send assassination teams around the world to eliminate opponents, the Secretary of State authorized a démarche to General Augusto Pinochet in Chile, General Jorge Videla in Argentina, and other military leaders in the region calling on them to cease and desist. "Government planned and directed assassinations within and outside the territory of Condor members has most serious implication which we must face squarely and rapidly," stated the secret August 13, 1976, cable to U.S. ambassadors in those nations. But the démarche was never delivered to any of the Condor regimes. After the U.S. ambassadors raised objections about presenting the démarche to the generals, on September 16, 1976, Kissinger rescinded it, and ordered "that no further action be taken on this matter." In addition to Osorio, the National Security Archive’s Chile Documentation Project director, Peter Kornbluh, testified in the Operation Condor trial for five hours in December 2014. Archive Advisory Board member, professor of journalism and author John Dinges presented evidence in April 2015. Read the Documents

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

Citigroup’s top economist Willem Buitler said in 2011 that the water market will soon be hotter the oil market (for example, see this and this): “Water as an asset class will, in my view, become eventually the single most important physical-commodity based asset class, dwarfing oil, copper, agricultural commodities and precious metals.” In its recent 2012 Water Investment Conference, Citigroup has identified top 10 trends in the water sector, as follows:

Specifically, a lucrative opportunity in water is in hydraulic fracturing (or fracking), as it generates massive demand for water and water services. Each oil well developed requires 3 to 5 million gallons of water, and 80% of this water cannot be reused because it’s three to 10 times saltier than seawater. Citigroup recommends water-rights owners sell water to fracking companies instead of to farmers because water for fracking can be sold for as much as $3,000 per acre-foot instead of only $50 per acre/foot to farmers.

One of the world’s largest banks, JPMorgan Chase has aggressively pursued water and infrastructure worldwide. In October 2007, it beat out rivals Morgan Stanley and Goldman Sachs to buy U.K.’s water utility Southern Water with partners Swiss-based UBS and Australia’s Challenger Infrastructure Fund. This banking empire is controlled by the Rockefeller family; the family patriarch David Rockefeller is a member of the elite and secretive Bilderberg Group, Council on Foreign Relations, and Trilateral Commission.

Barclays PLC is a U.K.-based major global financial services provider operating in all over the world with roots in London since 1690; it operates through its subsidiary Barclays Bank PLC and its investment bank called Barclays Capital. Barclays Bank’s unit Barclays Global Investors manages an exchange-traded fund (ETF) called iShares S&P Global Water, which is listed on the London Stock Exchanges and can be purchased like any ordinary share through a broker. Touting the iShares S&P Global Water as offering “a broad based exposure to shares of the world’s largest water companies, including water utilities and water equipment stocks” of water companies around the world, this fund as of March 31, 2007 was valued at U.S.$33.8 million.

Deutsche Bank is one of the major players in the water sector worldwide. Its Deutsche Bank Advisors have identified water as a part of the climate investment strategies. In its presentation, “Global Warming: Implications for Investors,” they have identified the four following major areas for water investment: § Distribution and management: (1) Supply and recycling, (2) water distribution and sewage, (3) water management and engineering. § Water purification: (1) Sewage purification, (2) disinfection, (3) desalination, (4) monitoring. § Water efficiency (demand): (1) Home installation, (2) gray-water recycling, (3) water meters. § Water and nutrition: (1) Irrigation, (2) bottled water.

Moreover, Deutsche Bank has channeled €6 billion (U.S.$8.55 billion) into climate change funds, which will target companies with products that cut greenhouse gases or help people adapt to a warmer world, in sectors from agriculture to power and construction (Reuters, October 18, 2007). In addition to SCM, Deutsche Bank also has the RREEF Infrastructure, part of RREEF Alternative Investments, headquartered in New York with main hubs in Sydney, Singapore, and London. RREEF Infrastructure has more than €6.7 billion in assets under management. One of its main targets is utilities, including electricity networks, water-treatment or distribution operations, and natural-gas networks. In October 2007, RREEF partnered with Goldman Sachs, GE, Prudential, and Babcok & Brown Ltd. to bid unsuccessfully for U.K.’s water utility Southern Water. § Crediting the boom in European infrastructure investment, the RREEF fund by August 2007 had raised €2 billion (U.S.$2.8 billion); Europe’s infrastructure market is valued at between U.S.$4 trillion to U.S.$6 trillion (DowJones Financial News Online, August 7, 2007). § Bulgaria --- Deutsche Bank Bulgaria is planning to participate in large infrastructure projects, including public-private partnership projects in water and sewage worth up to €1 billion (Sofia Echo Media, February 26, 2008). § Middle East --- Along with Ithmaar Bank B.S.C. (an private-equity investment bank in Bahrain), Deutsche Bank co-managed a U.S.$2 billion Shari'a-compliant Infrastructure and Growth Capital Fund and plans to target U.S.$630 billion in regional infrastructure.

In my 2008 article, I overlooked the astonishingly large land purchases (298,840 acres, to be exact) by the Bush family in 2005 and 2006. In 2006, while on a trip to Paraguay for the United Nation’s children’s group UNICEF, Jenna Bush (daughter of former President George W. Bush and granddaughter of former President George H.W. Bush) reportedly bought 98,840 acres of land in Chaco, Paraguay, near the Triple Frontier (Bolivia, Brazil, and Paraguay). This land is said to be near the 200,000 acres purchased by her grandfather, George H.W. Bush, in 2005. The lands purchased by the Bush family sit over not only South America’s largest aquifer --- but the world’s as well --- Acuifero Guaraní, which runs beneath Argentina, Brazil, Paraguay, and Uruguay. This aquifer is larger than Texas and California combined. Online political magazine Counterpunch quoted Argentinean pacifist Adolfo Perez Esquivel, the winner of 1981 Nobel Peace Prize, who “warned that the real war will be fought not for oil, but for water, and recalled that Acuifero Guaraní is one of the largest underground water reserves in South America….”

Venezuelan president Nicolas Maduro agreed that the creation of new financial instruments was central to advancing regional integration and sovereignty. “From Venezuela we believe that we must take the agenda of shared economic development into our hands; a new financial architecture [that includes] the Bank of Structural Projects, that converts us into a powerful bloc,” he said to media in Guayaquil before the meeting with other UNASUR leaders. The two other priorities for the Venezuelan government at the meeting were to promote strategies for social equality and regional defence sovereignty. On defence, Maduro said that Venezuela would support a “new South American military doctrine” based on a “system of education for South American militaries, below the guidance of the South American Defence Council,” in which the thought of the continent’s 19th century independence leaders would be present.

Outgoing Uruguayan president Jose Mujica made a passionate speech while accepting the presidency on behalf of his country, where he stated, “There won’t be integration without commitment, willpower, and political will, because the global obstacles are enormous and the past continues to constrain us”. Meanwhile, respected former Brazilian president Lula Da Silva declared, “Today our main challenge is to deepen the construction of strategic thought of Latin America and the Caribbean. We can construct an integration project that is more daring, that takes advantage of the formation of our rich history, goods and cultures”.

The UNASUR was created in 2008. Its members are: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela.

Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.

Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.

Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”