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madfloridian

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

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

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

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

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

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


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

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


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

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

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

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

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


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

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

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

Thanks, Cali, for posting that.

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

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

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


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

rhett o rick

(55,981 posts)
54. This is an extremely important issue and yet I don't see one single Right-Red Arrow
Sun Apr 26, 2015, 07:07 PM
Apr 2015

commenting on this thread.

hedda_foil

(16,376 posts)
25. Thank you MF. The analysis in that file is very clear and straightforward.
Sun Apr 26, 2015, 11:40 AM
Apr 2015


I wish I had a decent pdf editor to cut and paste some paragraphs from it. If the right wing base weren't so easily manipulated, they'd be out with torches and pitchforks locked and loaded. I can only imagine how they'd react to the very idea of foreign corporations suing the USA in tribunals set up by the U.N. and World Bank.

madfloridian

(88,117 posts)
29. Hi hedda, it is good analysis.
Sun Apr 26, 2015, 11:57 AM
Apr 2015

I can copy/paste a little, but it is like 2 words per line....really a mess. I did have a pdf editor once, but can't remember the name.

Baitball Blogger

(46,771 posts)
4. Does anyone have any doubt that the more opportunities
Sun Apr 26, 2015, 01:01 AM
Apr 2015

we have to review the details, the more sticking points we are going to find?

If there was nothing objectionable about the trade deal, they wouldn't be so insistent about keeping it out of the hands of the public.

I know my generation was taught to question government. It was once an integral part of the American experience to get involved beyond just pulling a lever at the voting booth. No one has the right to discourage us given the fact that no one is really looking after our interests, any more.

 

elehhhhna

(32,076 posts)
5. first 20 pages or so are us companies suing.canada
Sun Apr 26, 2015, 01:17 AM
Apr 2015

Over their environmental laws fracking bans, selling various banned dangerous poisons for agricultural use and etc.
At least those are.the.won and settled cases. These are under nafta. Nasty stuff.

madfloridian

(88,117 posts)
6. And this one about Ecuador stunned me. Wasn't aware of it.
Sun Apr 26, 2015, 01:21 AM
Apr 2015
http://www.citizen.org/documents/oxy-v-ecuador-memo.pdf

Things seem bad enough now without taking them to a new level with another trade agreement.

bbgrunt

(5,281 posts)
11. all I can say is "What's the matter with Kansas" should be read by some on DU
Sun Apr 26, 2015, 01:59 AM
Apr 2015

who insist that these deals are the "real deal".

jalan48

(13,905 posts)
12. What's the rush? It's been years in the making (in secret). The least our Congressional leaders can
Sun Apr 26, 2015, 02:28 AM
Apr 2015

do is to allot as much time to reviewing the TPP trade agreement as has been spent reviewing the Benghazi 'crisis'. I mean, isn't this what they are getting paid to do?

sabrina 1

(62,325 posts)
13. I'm glad that the word 'sovereignty' has been raised. This is the most concerning
Sun Apr 26, 2015, 02:32 AM
Apr 2015

part of this agreement.

Thanks to the leaks, we were able to see a little of what is in this legislation.

We have laws, they were put in place in accordance with our Constitution.

To give Foreign Corporations this kind of control to affect those laws, definitely DOES threaten our sovereignty.

The Democrats are RIGHT to fight hard against this.

Let the people see it, period. This is not a democracy if the people are kept completely in the dark while Corporations write our Laws.

And as far as I can determine, some of those Corporations are Foreign Corps.

jwirr

(39,215 posts)
26. And just imagine you are one of those little countries subject to this plan. They would not have the
Sun Apr 26, 2015, 11:52 AM
Apr 2015

money to defend themselves. We need to say no to this for them also.

sabrina 1

(62,325 posts)
45. This is how it would work. Those Corps could sue the US, that would be the people of course,
Sun Apr 26, 2015, 02:46 PM
Apr 2015

for having laws that prevent them from making as much profit as they could here in the US by polluting etc.

But it gets worse, these suits would not in regular courts of law. They would be in special Corporate Tribunals where the Prosecutors would be also be Corporate.

I can't determine if they would also be 'secret' or not yet. We just don't know.

And if/when they win those suits, WE THE PEOPLE would have to pay these Corporations, 6,000 would be eligible to do this, out of our tax dollars simply BECAUSE of Laws put in place by our Government to protect OUR interests.

It is INSANE. It is like handing over your country to an enemy without even having the chance to fight them on a battle field.

It is 'economic terrorism'. As one person wrote about these Global Tactics in Europe, 'it is like an invading army marched through countries and took over without the expense of a military battle'.

It's just sickening and to think there is ANYONE on this forum trying to defend it.

The same people opposed it when Bush tried it in 2007.

 

billhicks76

(5,082 posts)
62. Obama And Clinton
Sun Apr 26, 2015, 09:53 PM
Apr 2015

These two have proven themselves as not true democrats and are just like any other Republican liar out there. How dare he try to say this will help people.

 

L0oniX

(31,493 posts)
40. Occupy was right. There should be world wide Occupy right now.
Sun Apr 26, 2015, 01:46 PM
Apr 2015

The impact that Occupy has had is grossly underestimated. I'd love to see it re-emerge right now in the middle of all this corporate power grabbing.

 

cali

(114,904 posts)
15. thanks, MF, for posting this
Sun Apr 26, 2015, 06:12 AM
Apr 2015

And thanks for the link back to my post with the analysis of the tpa. N

pampango

(24,692 posts)
17. And being more than a trade agreement is not necessarily a bad thing depending on the details.
Sun Apr 26, 2015, 07:05 AM
Apr 2015

FDR's International Trade Organization was much more than a trade agreement but would have been a good thing if republicans hadn't killed it after winning the Senate. Since FDR and Truman proposed and negotiated it, the details would have very liberal with regards to labor rights, business regulation, etc.

Of course, that is why a republican senate would not have been too thrilled with it so it never saw the light of day. We were left with GATT which dealt only with trade and had no provisions on labor rights, regulations ,etc. From a republican point-of-view not a bad outcome from defeating the ITO.

 

cali

(114,904 posts)
19. I wish you'd read the leaked chapters
Sun Apr 26, 2015, 07:30 AM
Apr 2015

Yes, I know they're "only" drafts, but they're drafts created through many, many rounds of negotiations. They're revealing.

pampango

(24,692 posts)
20. I have. They are. Every complicated agreement has parts I don't like including, I'm sure,
Sun Apr 26, 2015, 08:10 AM
Apr 2015

the Iranian and Cuban agreements which I have not read. If republicans had leaked those parts of those agreements (if republican congressmen had access negotiating documents I'm sure they would have leaked them), the negotiations might have looked quite bad.

I do reserve the right to judge any international agreement based on everything it contains not just on portions that have been leaked before negotiations are finished; and to consider the alternative of rejecting an agreement. In the case of Iran and Cuba those alternatives would not been pleasant.

Perhaps retaining the roles of the WTO and NAFTA and the other current trade agreements with TPP countries will be preferable to approving TPP. That is a distinct possibility when the agreement is finished. In that case I will join you in opposing it.

TheKentuckian

(25,034 posts)
60. When it is too late? So what, the only time it matters to be against is when you can stop it.
Sun Apr 26, 2015, 09:18 PM
Apr 2015

By the time you realize you can't rationalize it away (if ever such a thing is even possible , I strongly suspect misleading spin to appear falsely neutral) the decision will have been ceded to the TeaPubliKlans.

JDPriestly

(57,936 posts)
66. Why in the world would we want to stay in the trade agreements that
Mon Apr 27, 2015, 01:04 AM
Apr 2015

are now ruining our economy, much less enter into new trade agreements of the same type in which we are joining a trade group and losing the ability to use the leverage of our large market in one on one trade deals?

We should think about completely changing our approach in trade deals.

Our trade deficit has skyrocketed since we joined the trade agreements in which we are now members. And this TPP cannot change that. The wage differences are just too great.

Do you seriously think that Mexicans or Viet Namese who earn wages so much lower than ours and whose currencies are so much weaker in some ways than ours will EVER buy enough from us to bring our trade deficite down?

The trade agreements are not working out for ordinary Americans. Find a way to distribute the profits, the gains, that the very wealthy investors make on these trade agreements more fairly, as a starting point for encouraging Americans to want trade.

 

msanthrope

(37,549 posts)
21. You do realize we've never lost an investor-state dispute? Not one? Your claims regarding payout
Sun Apr 26, 2015, 08:15 AM
Apr 2015

conflate countries and Plaintiff....

but let me repeat---the US government had never lost an Investor-State dispute.

 

cali

(114,904 posts)
22. The tpp extends the possibility that we will
Sun Apr 26, 2015, 08:21 AM
Apr 2015

although I'm less concerned about the U.S. than other nations.

pampango

(24,692 posts)
24. "I'm less concerned about the U.S. than other nations." That is an interesting take on TPP.
Sun Apr 26, 2015, 08:38 AM
Apr 2015

I have been looking at this more from a "would an 'FDR liberal' support further integration of the US into the global economy/community; not so much from a "would an 'FDR liberal' in other countries want to further integrate the US into the global economy/community.

Given our low standards in labor rights, safety nets, taxation system, privately-funded campaigns, etc. those are valid concerns. I had been more focused on the likelihood of 'them' lowering "our" standards. I hadn't concentrated as much of the danger of "us" lowering "their" standards. Maybe Canada, Australia and Japan can force enough higher standards in the areas of labor, taxes and safety nets that we - shockingly for an 'exceptional' nations such as ours - actually benefit.

Thanks, cali.

jwirr

(39,215 posts)
30. I don't think that it is so much US that will bring down those standards. I think the added power
Sun Apr 26, 2015, 12:00 PM
Apr 2015

that this gives corporations is the problem. It threatens those smaller countries but it may also be able to hurt some of our labor and environmental laws.

jwirr

(39,215 posts)
28. Because we have enough money to fight - those little countries are not going to be in the same
Sun Apr 26, 2015, 11:56 AM
Apr 2015

position. Most of them are already dominated by corporations.

 

riderinthestorm

(23,272 posts)
35. That doesn't mean we shouldn't lose. For example the despicable Renco case
Sun Apr 26, 2015, 01:07 PM
Apr 2015

This is a case of a rich American deliberately, severely, lead poisoning children. These cases will be global with the TPP... You act as though the U.S. has been the good guy in South and Central America. Quelle surprise.



This is a prominent case in Peru where investor-state treaties have provided an avenue for companies to delay or reverse agreements which had been enforceable in courts:

...Renco Group Inc., a company owned by one of the richest men in America, invested in a metal smelter in La Oroya, Peru. The site has been designated as in the top 10 most polluted in the world. The firm has been sued in U.S. court on behalf of severely lead-poisoned children in La Oroya. Sulfur dioxide concentrations at La Oroya greatly exceed international standards, with sulfur dioxide levels doubled in the years after Renco’s acquisition of the complex. Renco’s Peruvian subsidiary promised to install sulfur plants by 2007 as part of an environmental remediation program. Although it was out of compliance with its contractual obligations, the company sought (and Peru granted) two extraordinary extensions to complete the project.

In December 2010, Renco sent Peru a Notice of Intent that it was launching a U.S.-Peru FTA investor-state attack, alleging that Peru’s failure to grant a third extension of the remediation obligations constituted a violation of the firm’s FTA foreign investor rights. The company is demanding $800 million in compensation from Peruvian taxpayers. The Renco case illustrates two deeply worrying implications of investor-state arbitration.

Even the mere threat of a case can put pressure on governments to weaken environment and health policies. Recent developments suggest that the threat of this case was highly effective. While full environmental compliance has yet to be seen, the government has allowed the smelter to restart zinc and lead operations. That would be bad enough, but Renco is also attempting to evade justice in U.S. domestic courts through the investor-state mechanism.

Renco has now successfully argued that the U.S. lawsuit filed on behalf of La Oroya’s children must be removed from a U.S. state court, where it had a decent chance of success. Renco tried to derail the case this way three times before without success. But after filing the investor-state case, the firm claimed that the matter now involved an international treaty and thus was outside the state court’s remit. In January 2011, the same federal judge who rejected the past attempts determined that the existence of the investor-state case made this a federal issue and allowed Renco to terminate the state court case...



read more: http://www.citizen.org/documents/fact-sheet-tpp-and-environment.pdf
 

elehhhhna

(32,076 posts)
53. yep.actually our companies use this to challenge
Sun Apr 26, 2015, 06:18 PM
Apr 2015

Consumer and environmental laws in other countries. It's bullshit.

JDPriestly

(57,936 posts)
67. It's a matter of time.
Mon Apr 27, 2015, 01:18 AM
Apr 2015

And, whether we have or not, we have a devastatingly huge trade deficit. That is not good for the American economy.

Every dollar of the trade deficit is a dollar that was earned by someone in a foreign country and not by an American worker.

Every dollar of that trade deficit is a dollar on which the US government earned too little or maybe no tax revenue.

These trade agreements are impoverishing Americans. We have lost 675,000 jobs or more. And our trade deficit with Mexico, since we signed NAFTA (just as an example), has increased at a frightening rate.

We are losing, losing, losing from these trade agreements.

And, the TPP is supposed to have better labor provisions, but what, who is going to enforce those provisions? The corporations that can afford to go to court and hire expensive attorneys?

Dream on.

As for the idea that the US has not lost cases in the trade courts. I'm sure the TPP will fix that. Besides, the fact is, if you read the information on Public Citizen about the cases, the list on Public Citizen on the cases and outcomes, many, perhaps most of the lost cases, are denied a hearing based on procedural grounds. That will change.

In fact, there is a good chance that the TPP will contain provisions that make it easier for the court to hear cases. Obama's assurance that the TPP will be enforceable is for me in that respect frightening.

It sounds to me like the TPP court is to have more authority to hear and decide cases easily. It sounds to me like the procedural requirements are being "fixed" to allow corporations more success in suing wealthy countries like the US.

I am guessing, and what I am guessing is that it is because the agreement is horrible in a number of respects including reducing the procedural barriers to corporations' access to the international courts that the agreement has not been released. There are probably other reasons, but that is probably a big one.

I am very skeptical and pessimistic about the TPP. And so are the progressive members of Congress who have had the opportunity to see it. No to the TPP.

Let's invest in America and bring our infrastructure up to the standard of, say, Japan's (with its 400 plus a mile train, etc.) before we get into more trade agreements.

HereSince1628

(36,063 posts)
31. Yes the corporations deeply wish to include in the agreements a path around regulation
Sun Apr 26, 2015, 12:06 PM
Apr 2015

and the added costs that being protective of communities/societies/ and nations.

Think about the business philosophies of Uber and for-profit schools and their relationships to regulations that demand equal service to all including the disabled. The desire is to be free of the regulations to avoid serving costlier "clients" in order to maximize profits.

They also wish to be able to continue to provide tax-havens and the possibility of corporate 'inversion' that puts them into tax-savings.

They wish to protect their investments from unfavorable monetary realignments.

All these exploitive business models, and the drive to shape international agreements to those models, are expressions of selfish, often predatory, human nature. The very thing that brought people together in a social contract to create protective governments

KansDem

(28,498 posts)
33. It sounds like a move toward "arbitration"
Sun Apr 26, 2015, 12:29 PM
Apr 2015
Comprised of three private attorneys, the extrajudicial tribunals are authorized to order unlimited sums of taxpayer compensation for health, environmental, financial and other public interest policies seen as frustrating the corporations' expectations. The amount is based on the "expected future profits" the tribunal surmises that the corporation would have earned in the absence of the public policy it is attacking. There is no outside appeal. Many of these attorneys rotate between acting as tribunal "judges" and as the lawyers launching cases against the government on behalf of the corporations. Under this system, foreign corporations are provided greater rights than domestic firms.


And we know how well that's worked out when a consumer has a grievance against a corporation regarding shoddy product or service...

HereSince1628

(36,063 posts)
34. Yes, but it's an arbitration by a stacked panel of corporate lawyers
Sun Apr 26, 2015, 01:02 PM
Apr 2015

against 'the will of the governed' that is represented in local, regional and national regulations and law.

And as it is put in place it guarantees that the corporations can sue for intangible values lost to new regulation.

Imagine me a few years back. I had farmland on a sandy glacial hillside with two roads running along side it.... Potentially that land could be leased for a billboard, or a power generating windmill, or a quarry for fracking sands.

But as it did, along came the local government one year and it said...no billboards because we want to preserve a 'pastoral landscape'. I lost out on my opportunity for billboard cash. That could be construed as a taking of intangible value inherent in my property...if I was an international corporation I could sue the town for that sort of lost profit.

Now, later on Scott Walker and the bros Fitzgerald came in to support traditional power generation. And they said you can't put up a wind turbine within 1000 feet of a road. Well, because of where roads are to my property I lost out on another potential opportunity. Scotty took away my opportunity to lease property for wind turbines (and this area -would- support wind turbines). If I was an international corporation I could sue the state for that sort of lost profit.

Now, on a scale of one farm it would make no sense to have such a suit, but imagine a corporation losing some 'potential future profit' that would be measured in millions rather than a few thousands of dollars. It could be brutal.

Imagine an international business in waste-removal. Imagine them buying my farm or my neighbors and wanting to put in a dump. 15 miles away there is such a dump...it's nearing the end of it's life, the mountain of trash is several hundred feet high and spreads over 20 acres. The company has earned scores of millions of dollars building that midden. If the town or county said no to their putting in a dump on the land I sold to them, the international corporation could potentially sue for lost scores of millions of dollars of future profits. No little WI township is going to stand in the face of such a threat. Local control will be lost.

Octafish

(55,745 posts)
36. Soon the Fortune 500 will have to negotiate Trade Deals with each other.
Sun Apr 26, 2015, 01:08 PM
Apr 2015

Most countries already are too small for them.



And then the planet will be like Rollerball, without the fun.

Art_from_Ark

(27,247 posts)
68. I can't wait for a certain group of posters to assure us
Mon Apr 27, 2015, 05:32 AM
Apr 2015

that scientific studies prove conclusively that lead- and mercury-laden lipstick is perfectly safe!

DirkGently

(12,151 posts)
48. More of a treaty with corporate nation-states.
Sun Apr 26, 2015, 02:55 PM
Apr 2015

I think that's the core deception here -- or one of them. "Trade agreements" traditionally had to do mainly with tariffs and simple trade barriers.

Now they're far broader -- encompassing "non-tariff barriers to trade," whatever that means, and granting sweeping legal rights to business interests.

TREATIES cannot be secret, because they impact far more than the old notion of "trade agreements."

A Tyrannosaur has been slipped into a kitten costume here, and we are being asked to let it just curl up by the fire.
 

rhett o rick

(55,981 posts)
55. Clearly there are two factions re. this issue. The Corp Faction vs. The People Faction.
Sun Apr 26, 2015, 07:20 PM
Apr 2015

Let's look at what the TPP Deniers have put forth.

1. We haven't seen the final draft therefore we have no clue what it might contain. There could be a miracle and the corporations might, at the last minute, decide profits aren't everything. Who knows, maybe pigs will fly.

2. Pres Obama and H. Clinton favor it and they can never be wrong.

3. "Don't you want people in the 3rd world to be able to feed themselves?" This one almost got me. Sure I want people in the 3rd world to be able to eat. But what does that have to do with the price of pearls in Peru? Never mind, rhetorical.

4. Pres Obama and H. Clinton favor it.

5. Corporations are people and deserve more profits. (Ok I made that one up but I am running out)

6. Shoot, I almost forgot the Trickle-Down reason. If we help corporation succeed, they will trickle on us.

7. Mitch McConnell and the Repubs might be right for the first time in recorded history.

Help me out, there must be more.

Jesus Malverde

(10,274 posts)
57. The cream of idiocy was the notion that President Obama would veto the bill if it was bad.
Sun Apr 26, 2015, 08:26 PM
Apr 2015

Or use a pocket veto to amend it.

Jesus Malverde

(10,274 posts)
59. I'm not sure they ever supported the President, seems they're doing the bidding
Sun Apr 26, 2015, 09:04 PM
Apr 2015

Of multi-nationals. They come from the right on trade, foreign policy and have no stake in the fate of Americas middle class.

https://m.

appalachiablue

(41,184 posts)
56. k & R Thanks for this very important post MF. It's the Big Tuna for corps, pols & investors,
Sun Apr 26, 2015, 07:41 PM
Apr 2015

you can almost smell it in the air. (And it smells really bad!).

lostnfound

(16,193 posts)
69. Ability of corporations to squeeze the life out of individual cities, small nations
Mon Apr 27, 2015, 10:55 AM
Apr 2015

It's Anti-democracy and anti-diversity.. Diversity among nations includes differing views on what constitutes environmental protections, health and safety. I for one love eating fresh dairy in France and appreciate the fact that various democracies are able to evolve In rsponse to social problems.

Child labor laws and environmental laws would have been much harder to institute if this type of threat was hung over the heads of any nation or community that tried to institute them.

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