Commentary: The TPP was signed by our President and other world leaders on 2/4/16. Wither we now goest on trade? The Institute for Agriculture and Trade Policy noted recently that our future may be corporatism, not national sovereignty. “We have entered a new era of corporate rights—where, in their quest to access natural resources around the world, multinational firms now routinely ride roughshod over governments and communities.”
Corporate rights are upgraded from the North American Free Trade Agreement (FTA) to a more punitive form - the TPP - for we the people, anyway. Many claim the TPP is the “North American Free Trade Agreement on steroids.” (Salon). TPP’s congressional action - getting increasingly discordant.
The TPP’s chapters mostly deal with limiting national rights in favor of multinationals. The US negotiated TPP with Japan, Australia, Peru, Malaysia, Vietnam, New Zealand, Chile, Singapore, Canada, Mexico, and Brunei. Interestingly, China is NOT included. Why is not clear. Our President and former Secretary of State Clinton - before she opposed the TPP - have been vague on this point.
Other FTA US “benefits?” Some five million manufacturing jobs lost and some 57,000 factories closed (“The Times-Tribune,” Scranton, PA and many others). There are many views on the degree of US FTA losses.
Among other things, the TPP gives corporations troubling powers. They get a “right” to restitution for lost expenses and future profits because of national health, safety and/or environmental laws and communities. A corporation can appeal a national law or regulation directly to a panel of corporate international lawyers even those of its own choice. This process is not nationally sustainable. But, many folks we know here are just unfamiliar with the details and may be so until too late.
Where does this leave us? As corporations push back with lawsuits, such will be instructive to all for what they’ll portend. It seems foreign investors are reaching the point of brushing “profit-reducing” laws aside. The pharmaceutical industry gets the power to maintain patents indefinitely. Generics may be shut out. Our national copyright and patent laws will need rewriting. Our food labeling will be minimized. Imported food won’t have to be “safe” for sale in the US. Is this what we citizens want, or do we not matter at all?
The best example to date of corporate ‘rule’ is Canada, which has lost six cases out of 22 under FTA since 2006 - the worst of any industrialized nation. It has paid out some 170 million in restitution and some 63 million in costs and legal fees (Huff Post Business Canada).
The US under FTA is unbeaten to date. However to avoid billions in retaliatory profit-loss claims from Mexico and Canada, food labeling took a direct hit from the World Trade Organization and will be “simplified.” The current disagreements on GMO labeling? Will the Congress override existing state GMO labeling laws. Certainly follows from the TPP.
On January 6, 2016 TransCanada sued the US under FTA for 15 billion in lost future profits due to non-approval of Keystone XL. Major news, but where? In order to get such restitution, TransCanada will go to an extrajudicial forum under chapter 11 of FTA (Moyers and Co.).
TransCanada is also suing the US in a Dallas, TX Federal Court for a resolution that “does not seek damages, but rather a declaration that the [administration’s] permit denial is without legal merit and that no further Presidential action is required before construction of the pipeline can proceed.” (same). TransCanada may win. The first of many?
Why should treaties make multinationals sovereign over our national governments? Corporations should not be able to overrule government statutes regarding trade and profits. Our President apparently dilutes American sovereignty with big business mostly happy - but now some are complaining on certain the provisions. House leader Paul Ryan said on 2/9/16 "he does not have enough support to pass TPP.” The deal is facing more and more opposition from both sides of the aisle.
Consumer success is only achieved by writing and talking to our people in Congress - keep telling them - don’t approve the pact. Keep American jobs and money in the USA. “Its incredibly important that we all work to together to make what is seemingly impossible, possible” (Scott Kelley, Forbes). Defeat the TPP.