Pretty Promises: The TPP: Labor and Environmental Standards. How do you enforce them?

[cali]

Great language about labor and environmental standards is meaningless without well funded enforcement. And there obviously have to be clear timelines and objectives for compliance. One of the complaints about the TPP is that these timelines are too vague and unenforceable.

It's not rocket science to get that it's difficult and expensive to enforce these standards, particularly in countries like Vietnam which have bad records on both. Brunei also has a terrible record on labor. In the past, it's been difficult to enforce standards in other FTAs. The administration says the TPP is different; that the standards are much higher.

Great. Now here are my questions:

What are the timelines for compliance?

Is there an independent body to oversee compliance?

What is its funding?

What are the punitive actions that can be taken?

Will those actions be meaningful, or will a nation be able to simply pay a fine and blithely continue on their way without changing practices?

How transparent will these processes be?

That's just to start with. If the past is prologue, the future for labor and environmental enforcement is a dim one.

[cali]

1. I know this gets into the technical and specific aspects of the TPP

but aren't these the issues that liberals are supposed to care about?

[on point]

2. For the trade to be 'fair' they must be enforced by tariffs. You have lower stds, you pay extra

otherwise there is no 'market' incentive for the offender to raise their standards.

No, the folks with the lower standards need to pay punitive tariffs that would cost more than complying with the standards. Only then will the race to the bottom market incentive be erased

[pampango]

3. FWIW, they seem to be aiming for the same enforcement mechanisms as for investments.

Specifically, in the TPP we are seeking:

Requirements to adhere to fundamental labor rights as recognized by the International Labor Organization, as well as acceptable conditions of work, subject to the same dispute settlement mechanism as other obligations in TPP;
Rules that will ensure that TPP countries do not waive or derogate from labor laws in a manner that affects trade or investment, including in free trade zones, and that they take initiatives to discourage trade in goods produced by forced labor;
Formation of a consultative mechanism to develop specific steps to address labor concerns when they arise; and
Establishment of a means for the public to raise concerns directly with TPP governments if they believe a TPP country is not meeting its labor commitments, and requirements that governments consider and respond to those concerns.

Specifically, in the TPP we are seeking:

Strong and enforceable environment obligations, subject to the same dispute settlement mechanism as other obligations in TPP;
Commitments to effectively enforce domestic environmental laws, including laws that implement multilateral environmental agreements, and commitments not to waive or derogate from the protections afforded in environmental laws for the purpose of encouraging trade or investment;
New provisions that will address wildlife trafficking, illegal logging, and illegal fishing practices; and
Establishment of a means for the public to raise concerns directly with TPP governments if they believe a TPP member is not meeting its environment commitments, and requirements that governments consider and respond to those concerns.

http://www.ustr.gov/tpp/Summary-of-US-objectives

As you seem to say, the devil is in the details no matter what the grand objectives may be. Having the 'same dispute settlement mechanism' as for capital investments is a lofty goal but we need to see details.

[cali]

4. yes, the devil's in the details

there are a shitload of forces that work against high standards.

[pampango]

7. There certainly are "a shitload of forces that work against high standards".

And they are quite strong in congress which will pick them apart if they get the chance.

[cali]

8. i mean out in the real world

[newfie11]

5. That's a secret don't ys know

We've only been allowed peeks into it.
Will the entire 4000 pages be released if passed? Who the hell knows.

[cali]

6. it will. that's part of the renegociated tpa