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eridani

(51,907 posts)
Sun Oct 25, 2015, 06:41 AM Oct 2015

NAFTA's ISDS: Why Canada Is One of the Most Sued Countries in the World

http://www.commondreams.org/views/2015/10/23/naftas-isds-why-canada-one-most-sued-countries-world

NAFTA, the free trade deal between Canada, the USA and Mexico that came into effect in 1994, was the first trade deal among developed countries to include an investor-state provision. It grants investors of the continent the right to sue one another’s governments without first pursuing legal action through the country’s legal system. Before NAFTA, ISDS provisions were only negotiated between developed and undeveloped countries.

Ethyl, a U.S. chemical corporation, successfully challenged a Canadian ban on imports of its gasoline that contained MMT, an additive that is a suspected neurotoxin. The Canadian government repealed the ban and paid the company $13 million (approximately €8.8 million) for its loss of revenue.

S.D. Myers, a U.S. waste disposal firm, challenged a similar ban on the export of toxic PCB waste. Canada paid the company over $6 million (approximately €4 million).

A NAFTA panel ordered the Canadian government to pay Exxon-Mobil, the world’s largest oil and gas company, $17.3 million (approximately €11.6 million) when the company challenged government guidelines that investors in offshore exploration in the province of Newfoundland and Labrador – where the company is heavily involved – must invest in local research and development.

New Jersey-based Bilcon Construction is demanding $300,000 (approximately €200,000) in damages from the Canadian government after winning a NAFTA challenge when its plan to build a massive quarry and marine terminal in an environmentally sensitive area of Nova Scotia and ship basalt aggregate through the Bay of Fundy, site of the highest tides in the world, was rejected by an environmental assessment panel.

Chemical giant Dow AgroSciences used NAFTA to force the province of Quebec, after it banned 2,4-D, a pesticide that the Natural Resources Defence Council says has been linked in many studies to cancer and cell damage, to publicly acknowledge that the chemical does not pose an “unacceptable risk” to human health, a position the government had previously held.

The Canadian government paid American pulp and paper giant AbitibiBowater $130 million (approximately €88 million) after the company successfully used NAFTA to claim compensation for the “water and timber rights” it left behind when it abandoned its operations in the province of Newfoundland and Labrador after 100 years, leaving the workers with unpaid pensions. This challenge is particularly disturbing because it gives a foreign investor the right to claim compensation for the actual resources it used while operating in another jurisdiction.

Mesa Power Group, an energy company owned by Texas billionaire T. Boone Pickens, is claiming $775 million (approximately €523 million) in a challenge to the province of Ontario’s Green Energy Act, which gives preferential access to local wind farm operators.

Lone Pine, a Canadian energy company, is suing the Canadian government through its American affiliate for $250 million (approximately €152 million) because the province of Quebec introduced a temporary moratorium on all fracking activities under the St. Lawrence River until further studies are completed. This challenge is concerning because it involves a domestic company using a foreign subsidiary to sue its own government.

Eli Lilly, a U.S. pharmaceutical giant, is suing Canada for $500 million (approximately €337 million) after three levels of courts in Canada denied it a patent extension on one of its products. This case is particularly disturbing because it challenges Canadian laws as interpreted by Canadian courts and represents a new frontier for ISDS challenges
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NAFTA's ISDS: Why Canada Is One of the Most Sued Countries in the World (Original Post) eridani Oct 2015 OP
This is insane. LiberalArkie Oct 2015 #1
Took the words right out of my mouth. +1 tecelote Oct 2015 #3
completely insane n/t uawchild Oct 2015 #19
Jim Hightower wrote about the probability of this years 8-10 years ago. SharonAnn Oct 2015 #53
Trudeau should re-ban all of those things and pull out of NAFTA. Erich Bloodaxe BSN Oct 2015 #2
And the TPP doubles down on this. djean111 Oct 2015 #4
It will be interesting to see if that is true. This article from Japan indicates that it might not. pampango Oct 2015 #7
Those are actual cases that Canada already had to pay out. fasttense Oct 2015 #12
The NSA has special courts. -none Oct 2015 #26
Exactly right dragonlady Oct 2015 #22
Which POTUS passed this with the help of Republicans? Omaha Steve Oct 2015 #5
Exactly and for those who think this kind of thing is not in jwirr Oct 2015 #21
I get so frustrated and annoyed with the people that say that the U.S. has never lost stillwaiting Oct 2015 #6
ISDS is the "get out of jail, collect $2T card" for corporations Demeter Oct 2015 #9
Yet, Canada begged to be part of TPP. Why? It brings jobs and tax Hoyt Oct 2015 #8
Yea, and Santa Clause really exists fasttense Oct 2015 #13
Correct -There is no evidence they bring jobs and tax revenue laundry_queen Oct 2015 #20
Tell that to those in rural South Carolina or Tennessee working for a foreign auto company. Hoyt Oct 2015 #38
That came at the expense of better paying jobs for Americans. But laundry_queen Oct 2015 #39
How, if people want a Toyota, they'd buy them whether built in Japan or Mexico. I'd rather Hoyt Oct 2015 #55
It is true to a degree laundry_queen Oct 2015 #58
That's like claiming credit for feeding the horses because you let them out of the barn. fasttense Oct 2015 #42
"Countries that don't sign as many free trade agreements have better economies overall." pampango Oct 2015 #40
Their better situations have nothing to do with free trade laundry_queen Oct 2015 #56
The majority of the people, or just the government mouthpieces? Babel_17 Oct 2015 #17
Sure, every country in the world -- including Denmark -- are corrupt for signing 2500 similar Hoyt Oct 2015 #18
So it's as popular in Canada as here in the USA, roughly speaking Babel_17 Oct 2015 #25
It's true that huge corporations from all over the world have their tentacles into many countries fasttense Oct 2015 #43
+1000. nt. polly7 Oct 2015 #46
Maybe because American cars suxed for so many years, and Hoyt Oct 2015 #48
Because of Harper is why. -none Oct 2015 #27
Harper is no longer there, do you think it will pass? Nor was Harper there for NAFTA. Hoyt Oct 2015 #28
"Cannada" begged? Whatchu mean "Canada" Kemosabe? eridani Oct 2015 #34
Nearly everyone I've talked to about it hates the idea. polly7 Oct 2015 #47
It does not bring jobs and tax revenue. polly7 Oct 2015 #49
So all these countries that sign these agreements -- including Scandanavian -- are corrupt. Hoyt Oct 2015 #50
WTF said they were 'corrupt'? nt. polly7 Oct 2015 #51
Well they all -- including Denmark -- must be corrupt if they are bowing to corporations. Hoyt Oct 2015 #54
Having to bow to corporations has nothing to do with being corrupt or ignorant. polly7 Oct 2015 #57
Now that sanity has returned to Ottawa, perhaps TPP is toast! Demeter Oct 2015 #10
OOOooo! Just wait for the FUN part! gregcrawford Oct 2015 #11
Exactly. CanSocDem Oct 2015 #16
That's true under NAFTA and almost all trade agreements since 1959. Hoyt Oct 2015 #29
Farcical trade agreements Babel_17 Oct 2015 #14
My favorite line from one of my favorite movies. fasttense Oct 2015 #44
I think 'eminent domain' should work in the opposite direction, too, i.e for. Joe Chi Minh Oct 2015 #15
If IT corporations are broken up NobodyHere Oct 2015 #24
A unified corporation would, I imagine, be easier to control. But Joe Chi Minh Oct 2015 #32
These trade agreements = the world gone nuts! Duppers Oct 2015 #23
http://economixcomix.com/home/tpp/ (Economix explains the Trans-Pacific Partnership) Babel_17 Oct 2015 #30
Excellent reference. Thanks n/t eridani Oct 2015 #31
The article explains 'what', not 'why'. randome Oct 2015 #33
A flat ban on environmental poisons applies to both Canadiean and foreign companies eridani Oct 2015 #35
Not just profits, but under the new trade deals, 'expected future profits'. polly7 Oct 2015 #37
It will be interesting to see if the ISDS rules in the TPP are any better than in NAFTA. pampango Oct 2015 #41
It would be interesting if it weren't so awful fasttense Oct 2015 #45
Thanks Bill Clinton. n/t wildbilln864 Oct 2015 #36
Folks do realize that the filing of a lawsuit does not mean you win? Fred Sanders Oct 2015 #52
Clearly governments have no higher uses for their tax dollars than-- eridani Oct 2015 #60
Here is a more detailed report than Common Dreams which is both short and short on analyisis Monk06 Oct 2015 #59

SharonAnn

(13,778 posts)
53. Jim Hightower wrote about the probability of this years 8-10 years ago.
Tue Oct 27, 2015, 12:44 PM
Oct 2015

Was no one listening (or reading) back then?

When corporations can sue (and win) to have impunity from their actions that damage/injure citizens of a country, then the concept of a sovereign nation no longer exists.

It's all corporate rule.

Erich Bloodaxe BSN

(14,733 posts)
2. Trudeau should re-ban all of those things and pull out of NAFTA.
Sun Oct 25, 2015, 06:57 AM
Oct 2015

And be noisy about it, and talk up the ISDS, the economic costs and environmental damage to Canada resulting therefrom, and the ISDS provisions in the TPP.

pampango

(24,692 posts)
7. It will be interesting to see if that is true. This article from Japan indicates that it might not.
Sun Oct 25, 2015, 07:57 AM
Oct 2015
From Japan: TPP sets limit on corporate suits

The Trans-Pacific Partnership trade pact limits the period for foreign companies to file damages lawsuits against host states over sudden regulatory changes to 3½ years, Jiji Press learned Wednesday.

The limit, included in a TPP provision on investor-state dispute settlement, is designed to prevent abuse of litigation by multinational businesses. ISDS gives the legal basis for foreign businesses to challenge sudden changes in host country regulations.

Japan and the United States had pushed for the introduction of ISDS in an effort to help their companies go overseas. They successfully persuaded Australia and other reluctant countries by proposing the limit.

The ISDS provision allows member governments to introduce regulations about medical care and the environment at their own discretion. The provision also states that member governments will not be forced to change regulations even if they lose lawsuits from foreign businesses.

http://the-japan-news.com/news/article/0002510148

Who knows whether the author of this article has access to the unreleased TPP text. If not, it is just so much speculation.

If - a big IF - "member governments will not be forced to change regulations even if they lose lawsuits from foreign businesses" - that would be a big deal and a significant change from NAFTA rules on ISDS.
 

fasttense

(17,301 posts)
12. Those are actual cases that Canada already had to pay out.
Sun Oct 25, 2015, 09:31 AM
Oct 2015

They were Not hypothetical, they actually happened.

It's a very bad idea to think that doing the samething over and over again is going to make it better. Why do corprations have to have special courts any way? Why not give environmental groups special courts? Why not give Unions special courts? What is so awful about our legal system that corporation get a separate one?

If corporations are people, then they should use the people's courts too.

It's a bad idea and should NOT be allowed.

-none

(1,884 posts)
26. The NSA has special courts.
Sun Oct 25, 2015, 04:38 PM
Oct 2015

That way they do not have to deal with the actual law as written and enforced in the sunlight. They can then interpret the law as they see fit under cover of the back room. Star Chambers come to mind.

dragonlady

(3,577 posts)
22. Exactly right
Sun Oct 25, 2015, 01:03 PM
Oct 2015

TPP would completely destroy our sovereignty regarding environmental, health, justice, and any other regulations you could name. If it hurt a corporation's profits, it would have to go.

Omaha Steve

(99,700 posts)
5. Which POTUS passed this with the help of Republicans?
Sun Oct 25, 2015, 07:39 AM
Oct 2015

Labor fought it just like it has TPP this year.

OS

jwirr

(39,215 posts)
21. Exactly and for those who think this kind of thing is not in
Sun Oct 25, 2015, 12:09 PM
Oct 2015

the TPP - think again.

What Clinton did by passing NAFTA and what President Obama is doing with TPP is giving the corporations the power to override any nation that they so not agree with.

Corporations do not need any more power.

stillwaiting

(3,795 posts)
6. I get so frustrated and annoyed with the people that say that the U.S. has never lost
Sun Oct 25, 2015, 07:39 AM
Oct 2015

a case or been adversely impacted by ISDS.

It shows such a lack of care or concern for how this provision gets wielded in other countries. Completely U.S.-centric thinking and complete lack of care for other countries (thinking and behavior typically found within the Republican Party). Plays right in to the stereotype that so many other countries have about self absorbed Americans (which is NOT good for us).

And, it shows a huge amount of naiveté (if these people are actually arguing in good faith) to believe that ISDS would never get used (either openly and through their corporate courts OR behind closed doors/out of the public eye in heavy handed negotiations) effectively in the U.S. to advance corporate interests over public concerns and well-being.


 

Demeter

(85,373 posts)
9. ISDS is the "get out of jail, collect $2T card" for corporations
Sun Oct 25, 2015, 09:10 AM
Oct 2015

And a government-mandated work program for lawyers.

 

fasttense

(17,301 posts)
13. Yea, and Santa Clause really exists
Sun Oct 25, 2015, 09:43 AM
Oct 2015

Where is the evidence that neoliberal trade agreements bring jobs and tax revenue?

They may bring factory jobs to abuse labor countries where employees are routinely under paid, where there are minimal labor laws and where safety is not a concern. But they don't do anything for countries with some concern for their citizen workforce or environment.

And show me where corporations paid fair taxes as compared to what an average citizen pays.

Do I really need to explain to you how politicians frequently go against the best interest and the wishes of the majority of their own citizens?

laundry_queen

(8,646 posts)
20. Correct -There is no evidence they bring jobs and tax revenue
Sun Oct 25, 2015, 11:59 AM
Oct 2015

Had a study group on free trade agreements when I was in business school. Essentially, free trade agreements always result in a decline in well paying jobs. Countries that don't sign as many free trade agreements have better economies overall. A little bit of isolationism is actually preferable. Free trade agreements only help the corporations - and the reason politicians want these trade agreements is that their donors want them.

 

Hoyt

(54,770 posts)
38. Tell that to those in rural South Carolina or Tennessee working for a foreign auto company.
Tue Oct 27, 2015, 05:33 AM
Oct 2015

Or to Mexicans who just got a job at Audi for $8/hour vs. the $0.50 they were making before.

laundry_queen

(8,646 posts)
39. That came at the expense of better paying jobs for Americans. But
Tue Oct 27, 2015, 07:50 AM
Oct 2015

Keep up with your delusions, it's always entertaining.

 

Hoyt

(54,770 posts)
55. How, if people want a Toyota, they'd buy them whether built in Japan or Mexico. I'd rather
Tue Oct 27, 2015, 06:09 PM
Oct 2015

they be built here. You seem to think people are going to buy American cars if "foreign" cars were not built here. Not true.

American car makers had a captive market 50 years ago, until people found there were better and more economical foreign cars than the crummy gas guzzlers built here.

laundry_queen

(8,646 posts)
58. It is true to a degree
Tue Oct 27, 2015, 09:43 PM
Oct 2015

Deny it all you want.

People will buy foreign cars if they want them whether they are made in the US or not, if they are willing to pay the price. Of course if they were more expensive fewer people would buy them. Which would support the US auto industry, keeping well paying jobs for people who wouldn't be able to have a good job otherwise, either because of location or lack of education. With better jobs, those people spend more money than if they were living on a non-union wage, boosting the economy overall.

And I disagree that American car makers suck (let me tell you here in Canada how many foreign cars suck in the cold). For a brief period of time 'reliability' was the competitive advantage for non-US car makers which made people pay more for foreign cars even before free trade. However, the tide is turning on that. American car makers are taking note and making better vehicles. Toyota and volkswagon not so much. It's a typical corporate cycle. All companies go through it. If there was no free trade at all, there would still be corporate cycles, new companies, innovation etc.

 

fasttense

(17,301 posts)
42. That's like claiming credit for feeding the horses because you let them out of the barn.
Tue Oct 27, 2015, 10:31 AM
Oct 2015

How do you know those huge corporations wouldn't still be here or not? How do you know an American company wouldn't be there in their stead paying decent Union wages? How do you know some other American business wouldn't have developed and evolved if they didn't have to compete with huge corporations from all over the world?

How do you know if the Mexican wants that awful factory job? How do you know he wouldn't prefer to be back on the farm making a living surrounded by his family? How do you know if that Mexican would prefer to be his own boss, run his own farm, set his own work schedule? But he can NOT make a living off his farm anymore because of the US factory farms undercutting his prices thanks to NAFTA. So now he has to be a slave worker to Audi for a mere $8 an hour.

pampango

(24,692 posts)
40. "Countries that don't sign as many free trade agreements have better economies overall."
Tue Oct 27, 2015, 08:42 AM
Oct 2015

That is not true of Germany, Sweden and many other progressive countries. They all have more trade and more 'free trade' than we have in the US. And they have stronger unions and middle classes than we have.

laundry_queen

(8,646 posts)
56. Their better situations have nothing to do with free trade
Tue Oct 27, 2015, 08:48 PM
Oct 2015

At all. It has everything to do with better education, a fair media and a less corrupt government.

Not to mention most of their free trade agreements are with comparable countries, not cheap labor countries.

Babel_17

(5,400 posts)
17. The majority of the people, or just the government mouthpieces?
Sun Oct 25, 2015, 09:53 AM
Oct 2015

Canada isn't a direct democracy, their situation is similar to ours.

 

Hoyt

(54,770 posts)
18. Sure, every country in the world -- including Denmark -- are corrupt for signing 2500 similar
Sun Oct 25, 2015, 11:33 AM
Oct 2015

agreements since 1959.

Fact is, companies are not going to invest in other countries without some assurance they will be treated like the country's companies. And the countries know it.

The tribunal arbiters are 3 people -- often professors knowledgable in the area. One is selected by the company (bad, bad, bad); one by the country; and one by mutual agreement between the country and company. Sounds pretty fair to me.

And, the tribunals don't change laws, just award damages. Read the actual details to many of the cases cited above. Often the country enticed the company to build big facilities, then did something to make the facility worthless, and often awarded the project to a local firm. That's not exactly fair. Just tell them upfront their company can't come there.

Again, all these countries clamoring to sign these agreements aren't corrupt.

 

fasttense

(17,301 posts)
43. It's true that huge corporations from all over the world have their tentacles into many countries
Tue Oct 27, 2015, 10:50 AM
Oct 2015

But the truth is we really don't need VW investing in the US. What happened to all our automobile corporations? Why don't they invest in the US? Why can't American companies evolve and develop in the US to fill the niche of these wealth sucking foreign corporations have taken over?

Tribunal arbiters are corporate lawyers who use to work for the same corporations that are appearing in front of them. There are no restrictions on who these lawyer are, there are no conflict of interest regulations. And guess what? They have a revolving door much like our Fed and big bank employees.

If anyone really believes awarding damages will not change laws then I've got a bridge I want to sell you. The who freaking purpose of awarding damages is to Change The Behavior that led to the awarding of damages. When it involves entire nations that translates into LAWS CHANGING.

Again, I tell you the oligarchs of this world, the uber rich who own and control most all the corporations (about 300 people) are clamoring for these agreements. The average citizen not so much. That's why you have protests marches against these corporate give aways all over the world.

 

Hoyt

(54,770 posts)
48. Maybe because American cars suxed for so many years, and
Tue Oct 27, 2015, 12:06 PM
Oct 2015

Last edited Tue Oct 27, 2015, 06:07 PM - Edit history (1)

taste changed.

polly7

(20,582 posts)
47. Nearly everyone I've talked to about it hates the idea.
Tue Oct 27, 2015, 11:49 AM
Oct 2015


We know how we've already made out under NAFTA as well as how horrible it's been for Mexico. We do read and see just what's at stake under these new agreements. There have been protests here against them for ages.

Do you have some kind of poll showing how 'Canada' (which I assumes means all of us) begged to be part of the TPP?

polly7

(20,582 posts)
49. It does not bring jobs and tax revenue.
Tue Oct 27, 2015, 12:20 PM
Oct 2015

Last edited Wed Oct 28, 2015, 03:24 AM - Edit history (3)

(We also did not beg to be part of the TPP or any other 'free' trade agreement.)

We suffer from many of the same effects of it that you do, why wouldn't we?:

NAFTA has devastated—and still is devastating!—the American economy. It has impacted the lives of American workers in catastrophic ways and has all but destroyed manufacturing in the United States. As a result, some of our best companies have left to enjoy the non-existent environmental standards, “free trade” without restrictions, and lower wage rates elsewhere!

Despite the fact that NAFTA has outsourced and continues to outsource U.S. jobs beyond our borders, President Obama has shown no indication of ending U.S. ties with the agreement. Quite the contrary. He is instead signing us up for even more “free trade” agreements!

NAFTA has resulted in the decimation of our manufacturing base because, when it costs more to produce here in the United States than it does in Mexico, why would businesses choose to manufacture in the U.S.? With even more “free trade” agreements like the TPP and TTIP, Americans can expect to see further destruction to our manufacturing sector, which translates to even more job losses!

NAFTA actually encourages manufacturers to operate outside of the United States, and they take our jobs with them. It uses the enticement of lower wage rates, non-existent environmental standards, and “free trade” without restrictions as bait. As a result, there are fewer jobs and an American market drowning in foreign-made goods.


http://economyincrisis.org/content/35820

As well as:

http://cwf.ca/pdf-docs/publications/Our_Water_and_NAFTA_July_2011.pdf

http://www.davidsuzuki.org/blogs/science-matters/2015/01/canada-is-trading-away-its-environmental-rights/

http://www.huffingtonpost.ca/2015/01/14/canada-sued-investor-state-dispute-ccpa_n_6471460.html

http://www.thestar.com/news/canada/2015/01/13/canada_being_sued_for_billions_under_nafta_investor_protections.html



After 20 Years, NAFTA Leaves Mexico’s Economy in Ruins

from truthdig:

Posted on Jan 9, 2014
By Sonali Kolhatkar

Twenty years ago, on Jan. 1, 1994, a trade deal championed by Democratic President Bill Clinton went into effect. The North American Free Trade Agreement was meant to integrate the economies of the United States, Canada and Mexico by breaking down trade barriers among them, creating jobs and closing the wage gap between the U.S. and Mexico.

What in fact happened under NAFTA was that heavily subsidized U.S. corn flooded the Mexican market, putting millions of farmers out of work. Multinational corporations opened up factories creating low-wage jobs at the expense of organized labor and the environment. This, in turn, drove waves of migration north.

Meanwhile, corporate profits soared, and Mexico boasted the richest man in the world, Carlos Slim. Walmart and Krispy Kreme conquered Mexico, and ordinary Mexicans had access to the same consumer goods as their neighbors to the north. The economies of all three nations, measured only by GDP rather than jobs or wages, were pronounced grand successes, even though the U.S. and Canada disproportionately reaped more financial benefits.

Meanwhile, in the U.S., manufacturing jobs fell dramatically and organized labor lost even more clout. The Great Recession of 2008 worsened the downward trend, especially for Mexicans. Mexico’s economy, tied intimately to the U.S.’ because of NAFTA, suffered more than any other country in Latin America. .........................(more)

The complete piece is at: http://www.truthdig.com/report/item/after_20_years_nafta_leaves_mexicos_economy_in_ruins_20140109

http://www.democraticunderground.com/10024317810


How NAFTA Unleashed the Violence in Mexico

By Victor M. Quintana | 7 / February / 2014

The Mexican countryside is not the same twenty years after the North American Free Trade Agreement (NAFTA). Rural Mexico is on fire, and not just because of the “bad guys”–the drug cartels and groups of hit men and thugs.


Criminal violence is not the only kind of violence, nor is it the factor that unleashed the humanitarian crisis in so many parts of rural Mexico. The drastic transformation of public agricultural policies–brought about by structural adjustment programs and the trade opening whose crowning moment was the passage of NAFTA–generated the conditions for the emergence of multiple forms of violence in the Mexican countryside.

Mexican presidents since 1983 pushed through a series of economic adjustment polices, including the expulsion of all seasonal farmers from the rural credit system. The price of fuel shot up: in 1983, a liter of gas cost 1.36 pesos; now it is more than 12 pesos. Prices began to drip for crops produced by small farmers since guarantee prices were eliminated. New subsidies were created, like Procampo, but these went mostly to large producers.

In spite of many warnings from farmer organization and researchers, NAFTA was signed when Mexican basic grains producers, especially peasants and medium-sized producers, could not compete–in terms of climatic conditions or subsidies or technology or governmental support program–with the most powerful agriculture in the world.

Without being able to compete with U.S. agriculture under the terms of the trade opening, hundreds of thousands of peasant groups went broke. Migration to the cities and the United States shot up. According to the Ministry of Labor, since 1994 1,780,000 people left the countryside. The Ministry of Social Development found that each day an average of 600 peasant farmers leave the countryside. Rural communities are being left without young men, converted into populations of women, children and old people. Community life has broken down; many town organizations have closed down. This is violence. Silent, but real.

More:
http://www.cipamericas.org/archives/11427

http://www.democraticunderground.com/110832763

These agreements are garbage, and I have no idea why our gov'ts keep creating new ones that allow overruling laws, except that corporations must be valued above all else. People are just tools now to keep them running.


NAFTA Is Starving Mexico

Free trade has starved Mexico and stuffed transnational corporations.

Since the North American Free Trade Agreement (NAFTA) became the law of the land, millions of Mexicans have joined the ranks of the hungry. Malnutrition is highest among the country’s farm families, who used to produce enough food to feed the nation.

As the blood-spattered violence of the drug war takes over the headlines, many Mexican men, women, and children confront the slow and silent violence of starvation. The latest reports show that the number of people living in “food poverty” (the inability to purchase the basic food basket) rose from 18 million in 2008 to 20 million by late 2010.

About one-fifth of Mexican children currently suffer from malnutrition. An innovative measurement applied by the National Institute for Nutrition registers a daily count of 728,909 malnourished children under five for October 18, 2011. Government statistics report that 25 percent of the population does not have access to basic food.


Seventeen years after NAFTA, some two million farmers have been forced off their land by low prices and the dismantling of government supports. They did not find jobs in industry. Instead most of them became part of a mass exodus as the number of Mexican migrants to the United States rose to half a million a year. In the first few years of NAFTA, corn imports tripled and the producer price fell by half.


Take the case of Corn Products International (CPI). The transnational filed a NAFTA claim against the Mexican government in 2003, claiming a loss to its business due to a tax levied on high fructose corn syrup in beverages. Mexico’s reason for imposing the tax was to save a sugarcane industry that provided jobs for thousands of citizens and played a crucial economic role in many regions. The government was also frustrated by its failure under NAFTA to access the highly protected U.S. sugar market.

A 2008 NAFTA tribunal ruled that Mexico had to pay $58.4 million to CPI. The government paid up on January 25, 2011. CPI posted $3.7 billion dollars in net sales the year of the decision. The fine paid by the Mexican government could have provided a year’s worth of the basic food basket to more than 50,000 poor families.


http://fpif.org/nafta_is_starving_mexico/



How NAFTA Drove Mexicans into Poverty and Sparked the Zapatista Revolt

By EDELO, Creative Time Reports

The North American Free Trade Agreement, passed 20 years ago, has resulted in increased emigration, hunger and poverty (with Video)

December 30, 2013

Mexico was said to be one step away from entering the “First World.” It was December 1992, and Mexico’s then-president, Carlos Salinas, signed the North American Free Trade Agreement (NAFTA). The global treaty came with major promises of economic development, driven by increased farm production and foreign investment, that would end emigration and eliminate poverty. But, as the environmentalist Gustavo Castro attests in our video, the results have been the complete opposite—increased emigration, hunger and poverty.


While the world was entertaining the idea of the end of times supposedly predicted by the Mayan calendar, on December 21, 2012, over 40,000 Mayan Zapatis . tas took to the streets to make their presence known in a March of Silence. The indigenous communities of Chiapas—Tzeltales, Tzotziles, Tojolobales, Choles, Zoques and Mames—began their mobilization from their five centers of government, which are called Caracoles. In silence they entered the fog of a December winter and occupied the same squares, in the same cities, that they had descended upon as ill-equipped rebels on January 1, 1994, the day NAFTA came into effect.

In light of the 20th anniversary of NAFTA’s implementation and the Zapatista uprising, we set out to explore both the positive and negative effects of the international treaty. The poverty caused by NAFTA, and the waves of violence, forced migration and environmental disasters it has precipitated, should not be understated. The republic of Mexico is under threat from multinational corporations like the Canadian mining company Blackfire Explorations, which is threatening to sue the state of Chiapas for $800 million under NAFTA Chapter 11 because its government closed a Blackfire barite mine after pressure from local environmental activists like Mariano Abarca Roblero, who was murdered in 2009.

Still, one result of the corporate extraction of Mexico’s natural resources and displacement of its people that has followed the treaty has been the organization and strengthening of initiatives by indigenous communities to construct autonomy from the bottom up. Seeing that their own governments cannot respond to popular demands without retribution from corporations, the people of Mexico are asking about alternatives: “What is it that we do want?” The Zapatista revolution reminds us that not only another world, but many other worlds, are possible


Full Article: http://www.alternet.org/world/how-nafta-drove-mexicans-poverty-and-sparked-zapatista-revolt?akid=11347.44541.RWB6aQ&rd=1&src=newsletter941851&t=19



NAFTA's Chapter 11 Makes Canada Most-Sued Country Under Free Trade Tribunals

Canada is the most-sued country under the North American Free Trade Agreement and a majority of the disputes involve investors challenging the country’s environmental laws, according to a new study.

The study from the left-leaning Canadian Centre for Policy Alternatives (CCPA) found that more than 70 per cent of claims since 2005 have been brought against Canada, and the number of challenges under a controversial settlement clause is rising sharply.


snip~

“Thanks to NAFTA chapter 11, Canada has now been sued more times through investor-state dispute settlement than any other developed country in the world,” said Scott Sinclair, who authored the study.


snip~

There are currently eight cases against the Canadian government asking for a total of $6 billion in damages. All of them were brought by U.S. companies.


http://www.huffingtonpost.ca/2015/01/14/canada-sued-investor-state-dispute-ccpa_n_6471460.html

The study notes that although NAFTA proponents claimed that ISDS was needed to address concerns about corruption in the Mexican court system, most investor-state challenges involve public policy and regulatory matters. Sixty three per cent of claims against Canada involve challenges to environmental protection or resource management measures.

Currently, Canada faces nine active ISDS claims challenging a wide range of government measures that allegedly interfere with the expected profitability of foreign investments. Foreign investors are seeking over $6 billion in damages from the Canadian government.

These include challenges to a ban on fracking by the Quebec provincial government (Lone Pine); a decision by a Canadian federal court to invalidate a pharmaceutical patent on the basis that it was not sufficiently innovative or useful (Eli Lilly); provisions to promote the rapid adoption of renewable energies (Mesa); a moratorium on offshore wind projects in Lake Ontario (Windstream); and the decision to block a controversial mega-quarry in Nova Scotia (Clayton/Bilcon).

Canada has already lost or settled six claims, paid out damages totaling over $170 million and incurred tens of millions more in legal costs. Mexico has lost five cases and paid damages of US$204 million. The U.S. has never lost a NAFTA investor-state case.


More: https://www.policyalternatives.ca/newsroom/news-releases/nafta-investor-state-claims-against-canada-are-out-control-study


http://www.democraticunderground.com/10023210314


Even though Canada enjoyed a healthy and mutually beneficial free trade with the US, Mulroney was duped into the Canada/US Free Trade Agreement, later to become NAFTA. In the wink of an eye Canada went from being a branch plant economy to a captive economy and resource slave to the US. NAFTA has really nothing to do with free trade. It is really a constitutional bill of rights for corporate exploitation. It was a huge step forward in formalizing the corporate welfare state and marked the death knell of the social welfare state. While many Canadians saw from the outset the NAFTA was an economic Trojan horse, Americans on their side of the border were only later to have similar concerns.


http://www.vivelecanada.ca/article/235930947-the-deplorable-legacy-of-brian-mulroney



FOUR REASONS WHY NAFTA IS A BAD DEAL FOR CANADA:

NAFTA undermines democracy. Foreign corporations use Chapter 11 to challenge environmental laws, municipal land-use controls, water protection measures, the activities of Canada Post, and even the decisions of judges and juries. While no Canadian citizen or corporation could bring forward these challenges, NAFTA grants corporations of member countries the right to challenge any federal rule or law that they perceive as a barrier to their ability to make a profit. The result is millions of tax dollars being spent to either fight or settle with these corporations.

NAFTA threatens health care and other public services. The exemption for health care under NAFTA, which has largely kept U.S. for-profit health corporations out of Canada, applies only to a fully publicly funded system. Once privatized, the system must give “national treatment” rights to American private hospital chains. The NAFTA exemption only applies to medicare as it stood in 1989, and doesn’t provide protection for a possible expansion of medicare into new areas like homecare and pharmacare.

NAFTA strips Canada of control over our energy resources. Canada now produces about 40 per cent more oil than it consumes, but has to rely heavily on imported oil from offshore. Thanks to NAFTA, Canada now exports 70 percent of the oil and 61 per cent of the natural gas we produce each year to the United States. NAFTA prevents us from selling our energy resources to Canadians at rates lower than we sell them in the U.S. And because of NAFTA’s proportional sharing clause, we can’t ever cut back on the amount of energy we produce and sell to the United States, even in times when our country runs short.

NAFTA could put our water up for sale. Canadian water is defined as a “service” and an “investment” under NAFTA. The agreement’s so-called water exemption is inadequate. After British Columbia banned bulk exports of lake and river water, the California-based Sun Belt Corporation launched a Chapter 11 challenge, seeking $10 billion in damages. The case is still outstanding, and has profound implications for the future of Canada’s water.


http://pushedleft.blogspot.ca/2009/11/nafta-and-teh-selling-of-canada-we-got.html


Ten Reasons Why the TPP Must Be Defeated

byBernie Sanders

Published on
Wednesday, December 31, 2014
by Common Dreams

The Trans-Pacific Partnership is a disastrous trade agreement designed to protect the interests of the largest multi-national corporations at the expense of workers, consumers, the environment and the foundations of American democracy. It will also negatively impact some of the poorest people in the world.

The TPP is a treaty that has been written behind closed doors by the corporate world. Incredibly, while Wall Street, the pharmaceutical industry and major media companies have full knowledge as to what is in this treaty, the American people and members of Congress do not. They have been locked out of the process. Further, all Americans, regardless of political ideology, should be opposed to the “fast track” process which would deny Congress the right to amend the treaty and represent their constituents’ interests.

The TPP follows in the footsteps of other unfettered "free trade" agreements like NAFTA, CAFTA and the Permanent Normalized Trade Agreement with China (PNTR). These treaties have forced American workers to compete against desperate and low-wage labor around the world. The result has been massive job losses in the United States and the shutting down of tens of thousands of factories. These corporately backed trade agreements have significantly contributed to the race to the bottom, the collapse of the American middle class and increased wealth and income inequality. The TPP is more of the same, but even worse.

During my 23 years in Congress, I helped lead the fight against NAFTA and PNTR with China. During the coming session of Congress, I will be working with organized labor, environmentalists, religious organizations, Democrats, and Republicans against the secretive TPP trade deal.



http://www.commondreams.org/views/2014/12/31/ten-reasons-why-tpp-must-be-defeated

TPP Trade Deal Will Be Devastating for Access to Affordable Medicines

By Doctors Without borders
Source: Doctors Without Borders
February 2, 2015

Many countries and treatment providers, including Doctors Without Borders/Médecins Sans Frontières (MSF), rely on affordable quality generic medicines to treat life-threatening diseases. We need to keep prices low so our patients — and millions of others still waiting for treatment in the developing world — can get the medicines they need.

But right now the U.S. government is advocating for trade terms with eleven other Pacific Rim nations that could restrict access to generic medicines, making life-saving treatments unaffordable to millions.

Damaging intellectual property rules in the U.S.-led Trans-Pacific Partnership Agreement (TPP) would give pharmaceutical companies longer monopolies over brand name drugs. Companies would be able to charge high prices for longer periods of time. And it would be much harder for generic companies to produce cheaper drugs that are vital to people’s health.




“The TPP is the most damaging trade agreement we have ever seen in terms of access to medicines for poor people,” said Malpani. “With USTR [Office of the United States Trade Representative] publicly stating that these negotiations are winding down, it is now more urgent than ever that concerns about access to medicines be addressed.”


https://zcomm.org/znetarticle/tpp-trade-deal-will-be-devastating-for-access-to-affordable-medicines/

Trans-Pacific Partnership and Monsanto

By Barbara Chicherio

Source: Nation of Change

Wednesday, June 26, 2013

The labeling of foods containing GMOs (Genetically Modified Organisms) will not be allowed. Japan currently has labeling laws for GMOs in food. Under the TPP Japan would no longer be able to label GMOs. This situation is the same for New Zealand and Australia. In the US we are just beginning to see some progress towards labeling GMOs. Under the TPP GMO labels for US food would not be allowed.

In April 2013, Peru placed a 10-year moratorium on GMO foods and plants. This prohibits the import, production and use of GMOs in foods and GMO plants and is aimed at safeguarding Peru's agricultural diversity. The hope is to prevent cross-pollination with non-GMO crops and to ban GMO crops like Bt corn. What will become of Peru's moratorium if the TPP is passed?

There is a growing resistance to Monsanto's agricultural plans in Vietnam. Monsanto (the US corporation controlling an estimated 90% of the world seed genetics) has a dark history with Vietnam. Many believe that Monsanto has no right to do business in a country where Monsanto's product Agent Orange is estimated to have killed 400,000 Vietnamese, deformed another 500,000 and stricken another 2 million with various diseases.

Legacies of other trade agreements that serve as a warning about the TPP have a history of displacing small farmers and destroying local food economies. Ten years following the passage of NAFTA (North American Free Trade Agreement) 1.5 million Mexican farmers became bankrupt because they could not compete with the highly subsidized US corn entering the Mexican market.


Full Article: http://www.zcommunications.org/trans-pacific-partnership-and-monsanto-by-barbara-chicherio



“As usual, in every scheme that worsens the position of the poor, it is the poor who are invoked as beneficiaries.”
― Vandana Shiva


Monsanto, the TPP, and Global Food Dominance

by Ellen Hodgson Brown / November 27th, 2013

“Control oil and you control nations,” said US Secretary of State Henry Kissinger in the 1970s. ”Control food and you control the people.”

Global food control has nearly been achieved, by reducing seed diversity with GMO (genetically modified) seeds that are distributed by only a few transnational corporations. But this agenda has been implemented at grave cost to our health; and if the Trans-Pacific Partnership (TPP) passes, control over not just our food but our health, our environment and our financial system will be in the hands of transnational corporations.


http://dissidentvoice.org/2013/11/monsanto-the-tpp-and-global-food-dominance/


Making the World Safe for Big Business

By Sean Starrs
Source: Jacobin Magazine
May 15, 2015

After five years of intense negotiations, the Trans-Pacific Partnership (TPP) may come to fruition by the end of this year. Much has been written (and rightly so) about the negative consequences of the TPP for American labor. But what are the international implications of the TPP, and in a world awash with bilateral and multilateral trade and investment treaties (there are over 3,200 international investment treaties alone), how is this one different?


The architects of the TPP are structuring the agreement to serve their own interests: protection of intellectual property rights and investor arbitration facilitate the continued dominance of the world’s top corporations, which remain European, Japanese, and most of all American.

Protection of IP rights ensures that advanced knowledge sectors, like the pharmaceuticals industry, maintain their healthy profit margins (and the poor continue to be denied life-saving drugs). US agribusiness will profit from the opening of Japan’s agricultural sector, and Nike will benefit from the further liberalization of Vietnam (where most of its shoes are manufactured).

To understand whose interests are being served, one simply has to note that US trade representatives are accompanied by over six hundred “corporate advisers” to the negotiations, which are shrouded in secrecy. Labor advisers? Zero.

The TPP will also make it easier for transnational corporations to sue governments for labor, environmental, health, safety, and other regulations, in order to gain taxpayer compensation for “loss of future returns” due to “expropriation.” Investor-state dispute settlement mechanisms — already in place in many existing international investment treaties — will be consolidated and strengthened in the TPP to ensure a single, more predictable, standard for the record-breaking number of new cases.


Full article: https://zcomm.org/znetarticle/making-the-world-safe-for-big-business/


A Corporate Coup in Disguise (TPP)

By Jim Hightower

Source: Alternet

Wednesday, October 02, 2013

What if our national leaders told us that communities across America had to eliminate such local programs as Buy Local, Buy American, Buy Green, etc. to allow foreign corporations to have the right to make the sale on any products purchased with our tax dollars? This nullification of our people's right to direct expenditures is just one of the horror stories in the Trans-Pacific Partnership (TPP).

This is a super-sized NAFTA, the 1994 trade scam rammed through Congress by the entire corporate establishment. NAFTA promised the "glories of globalization": prosperity across our land. Unfortunately, corporations got the gold. We got the shaft -- thousands of factories closed, millions of middle-class jobs went south, and the economies of hundreds of towns and cities were shattered.

Twenty years later, the gang that gave us NAFTA is back with the TPP, a "trade deal" that mostly does not deal with trade. Of the 29 chapters in this document, only five cover traditional trade matters! The other chapters amount to a devilish "partnership" for corporate protectionism:


—Public services. TPP rules would limit how governments regulate such public services as utilities, transportation and education -- including restricting policies meant to ensure broad or universal access to those essential needs. One insidious rule says that member countries must open their service sectors to private competitors, which would allow the corporate provider to cherry-pick the profitable customers and sink the public service.


Full Article: http://www.zcommunications.org/a-corporate-coup-in-disguise-by-jim-hightower.html


Canada, and the U.S. - all those other countries involved and set to lose with privatization and loss of control of safeguards for the environment, public safety nets, health services and pharmaceuticals, the ability to save and use seed, and on and on with every one of these agreements. I have a lot of learning to do about it all too, but I know they're all NAFTA on steroids, and all you have to do is look at the devastation in Mexico and the loss of jobs here in NA to understand what more is at stake. Corporations will control all of it, these agreements are spreading that ability like a cancer.

Trans-Pacific Partnership (TPP)

http://en.wikipedia.org/wiki/Trans-Pacific_Partnership




The Council of Canadians outside the Delta Ottawa City Centre on July 7, 2014 to draw attention to the secretive Trans-Pacific Partnership talks taking place inside. Photo: Ben Powless

Across Canada and around the world, people are speaking out about the Trans-Pacific Partnership trade agreement (TPP). They are rallying against the secrecy of the 12-country negotiations and the corporate agenda behind the deal.

On February 12, legislators in seven of the 12 TPP countries issued the following joint statement about the negotiations:

We, the undersigned legislators from countries involved in the negotiation of the Trans-Pacific Partnership Agreement, call on the Parties to the negotiation to publish the draft text of the Agreement before any final agreement is signed with sufficient time to enable effective legislative scrutiny and public debate

In Canada, the statement was endorsed by the federal NDP and the Green Party of Canada. It is the simplest of demands for democracy on a “trade” deal that threatens to undermine the very notion of the public good, by giving corporations more power to undermine public policy.


http://www.tppmpsfortransparency.org/


Trans-Pacific Partnership: Canada Should Be Evicted From Trade Talks, Congress Members Say

The Huffington Post Canada | By Daniel Tencer

Canada should be tossed out of negotiations on a major multinational free trade deal if its government doesn’t agree to open up the agricultural sector to greater competition, U.S. Congress members have told President Barack Obama.

In a letter sent to the president last week, 140 members of Congress urged the president to cut Canada, as well as Japan, out of talks on the Trans-Pacific Partnership if the countries refuse to open up their agricultural industries to competition under the deal.

The letter said the lawmakers were “troubled by Canada’s lack of ambition, which is threatening a robust outcome for U.S. farmers.”


http://www.huffingtonpost.ca/2014/08/06/tpp-canada-supply-management_n_5654130.html




TTIP

Transatlantic Trade and Investment Partnership

http://en.wikipedia.org/wiki/Transatlantic_Trade_and_Investment_Partnership


Germany rejects CETA and TTIP; Council of Canadians applauds Germany's decision

July 26, 2014

The Council of Canadians applauds Germany's rejection of the Canada-EU and EU-US trade deals reported in Reuters today. The German government decided to reject these trade deals because of provisions that allow companies to sue governments for infringing on their profits.

"This is a victory for democracy. We are pleased that the German government has listened to critics of the investor-state dispute settlement provisions of the deal that give foreign corporations the right to dictate domestic policy," said Maude Barlow, national chairperson of the Council of Canadians.

"We've worked to educate European politicians on just how harmful allowing companies to sue you can be," said Scott Harris, trade campaigner with the Council of Canadians. "We've told them about all the lawsuits Canada has faced under NAFTA for legitimate regulations that protect our health and environment."

The Council of Canadians was a major player in this battle and the first to challenge it. The Council is available for further comment on this breaking story.

http://www.canadians.org/media/germany-rejects-ceta-and-ttip-council-canadians-applauds-germanys-decision


EU-Canada trade deal leak ‘ridicules’ TTIP consultation, campaigners say

Published: 14/08/2014 - 18:03 | Updated: 18/08/2014 - 10:556

?itok=pxYRw34t
The leaked text of an EU-Canada free trade deal confirms fears that multinationals may sue EU states in special tribunals for enacting laws that upset their profit forecasts, and now campaigners question the public consultation on a free trade deal with the US.

The leaked EU-Canada Trade Agreement (CETA), signed last November and due to be unveiled on 25 September, contains a controversial chapter on Investor-State Disputes Settlement (ISDS) that is substantially unchanged from previous drafts.

These were used by the EU in March to get stakeholder responses to negotiations for a similar TransAtlantic Trade and Investment Partnership (TTIP) with the US. At the time, the Commission said that it would seriously consider all 150,000 responses.

But the use of the draft’s unamended wording in the final CETA treaty - before the results of the public consultation have even been analysed - show that it was little more than a PR stunt, according to Kenneth Haar, a spokesman for Corporate Europe Observatory.



CETA

Why is CETA bad for Canadians?

1. CETA threatens our public services!

We count on our governments to run a broad range of public services which help society and the economy function — from health care and education to water treatment, social programs, and everything in between. By making sure that everyone has fair access, we ensure a good quality of life for Canadians. But international big business doesn’t like publicly-run services, or the regulations that protect them. To them, public services are just one more thing to make money on. The CETA threatens to privatize and deregulate many of our public services. In fact, everything could be up for grabs, including municipal water systems, electrical utilities — even our mail delivery!
.....

[URL=.html][IMG][/IMG][/URL]

http://stopceta.ca/bad-deal-for-canada


Comprehensive Economic and Trade Agreement

http://en.wikipedia.org/wiki/Comprehensive_Economic_and_Trade_Agreement


Canada-EU (CETA)

On September 26, 2014 Prime Minister Harper, European Commission President José Manuel Barroso and European Council President Herman Van Rompuy signed a joint declaration to “celebrate the end of negotiations of the Canada-EU Trade Agreement.”


http://www.canadians.org/ceta


Ratification of CETA not likely until late 2015, early 2016

Apr 24, 2014. April 24, 2014 - 8:28am

The Council of Canadians has been campaigning against the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) since it was first proposed in October 2008. There is news today that a "handful of thorny issues" may mean that we still have two more years to derail its ratification.

The Toronto Star reports, "Six months after Prime Minister Stephen Harper travelled to Brussels to announce Canada’s largest-ever free-trade pact with Europe, Canada and the European Union are still negotiating key aspects of the deal, with implementation possibly as much as two years away. ...Canadian officials estimated (in October 2013) that finalizing the deal, fixing all the legal language, translating the agreement and obtaining approval in Europe and Canada would take until the spring of 2015. But negotiators have yet to resolve a handful of thorny trade issues and the EU now doesn’t expect the pact to be put in place until late 2015 or early 2016."

"On the table are proposed rules related to import quotas for beef and pork, provision of services by business, investment rules and guidelines for determining, for instance, whether Canadian-exported cars with a mix of Canadian and United States parts are eligible for tariff reductions under CETA. ...Another factor that is raising questions about how the final approval of CETA will go is the recently initiated talks between the EU and the United States on a Transatlantic Trade and Investment Partnership (TTIP).These negotiations appear to have sparked increased concern in Europe over a controversial feature of current trade negotiations — investor-state dispute settlement (ISDS) mechanisms. These measures allow corporations to go before an independent tribunal and sue governments that allegedly discriminate against foreign companies. CETA contains an ISDS clause and any EU-United States agreement is expected to have one as well. But, reflecting complaints by NGOs that corporations are abusing these measures, the European Commission called a temporary halt in ISDS discussions with Washington to hold a public consultation on the measures."


"Jason Langrish, executive director of the Canada Europe Roundtable for Business, which has supported CETA, (says) Canada now must deal with an EU in flux. A new European Parliament is being elected next month by voters in 28 member states and a European Commission president will be chosen to replace [European Commission President Jose Manuel] Barroso in the fall. In the wake of the political and social turmoil caused by the deep recession in Europe, parties on the far right and far left of the political spectrum may play a greater role after the election, raising questions about what policies are likely to be supported by the next set of EU authorities."
Both the European Parliament and "all 28 member states of the EU must also ratify the pact".

If ratified, CETA could unfairly restrict how local governments spend money and ban 'buy local' policies, add hundreds of millions of dollars to the price of drugs, create pressure to increase privatization of local water systems, transit and energy, and much more. The secret negotiating process, as well as the overall corporate agenda behind these next generation deals, are an affront to democracy on both sides of the Atlantic.


https://monctonfreepress.ca/post/35999


http://www.dw.de/with-ttip-eu-and-us-promise-a-transatlantic-trade-miracle/a-17935749

DW: It seems like we live in a period of major international trade pacts with the Transatlantic Trade and Investment Partnership (TTIP), the Comprehensive Economic Trade Agreement (CETA), the Trade In Services Agreement (TISA) and the Trans-Pacific Partnership (TPP) all being negotiated or finalized right now. What is behind this trend?

Saskia Sassen: I think they are crucial elements, starting with the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO) rounds, for creating a global operational space that is an advantage for the multinationals. The truth of the matter is that when you look at the data the gains go to the firms operating globally. The notion of losing or gaining jobs like countries in Europe or the United States might try to look at, is just not an issue for them. So what they want is the capacity to access the particular labor supply or regulatory environment that works to their advantage. For the United States the data is quite clear: The United States has basically lost jobs. That affects workers, but it has nothing to do with big corporations. For them this is not important for their operation.


I am not against international trade. We absolutely need it. I am not against the Ricardian model [whereby two countries produce two goods using one factor of production and are competitively equal - the ed.], producing different things in different countries, but we also have to factor in another increasingly important vector - the environment.

And a final issue I have with all these new generation treaties is that corporations gain rights. If you stand back and ask yourself who gains rights, it is not the citizens. Citizens in many of our countries have lost rights. Little rights that are sort of encased in technical aspects and most citizens don't even realize it until it happens to them. And with TTIP and TTP they gain even more rights and so a lot of critical analysts are stunned by these two treaties.


Spread the Word: TPP is Toxic Political Poison that Politicians should Avoid

by Kevin Zeese and Margaret Flowers / October 24th, 2015

At its root, the TPP is about modern colonialism. It is the way that Western governments and their transnational corporations, including Wall Street banks, can dominate the economies of developing nations. And it’s not too late to stop it.

The TPP is a bad deal. Just like every other similar agreement, it is going to outsource jobs, lower wages globally, increase the wealth divide, increase the U.S. trade deficit, undermine democracy, weaken the federal court system, degrade the environment and undermine sovereignty at every level of government. The more people who learn about this deal, the worse it will look, and if we resist it, the likelihood of passage in Congress will shrink.

And, similar to the TPP, the Transatlantic Trade and Investment Partnership is having troubles in Europe. Europeans see TTIP either not advancing or going in the wrong direction because of the heavy handedness of the U.S. The French negotiator said: “France is considering all options including an outright termination of negotiations.” More than 3 million people across Europe signed a petition calling on the European Commission to scrap the agreement and hundreds of thousands marched in Berlin on October 10 opposing the TTIP. People realize that rather than opening up new markets, since the U.S. and EU countries already trade a great deal, it will privatize public services for corporate profits.


At its root, the TPP is about modern colonialism. It is the way that Western governments and their transnational corporations, including Wall Street banks, can dominate the economies of developing nations. To be part of the TPP, governments are required to allow foreign ownership of property, including buying land in signatory countries. The TPP allows corporate trade tribunals to overrule their laws, acquire resources cheaply and provide slave wages to workers. And, if all else fails, the U.S. and allied militaries will be there to enforce agreements.

The TPP gives incredible power to foreign banks to move money in and out of countries without restrictions. It minimizes regulation of big finance to allow risk-tasking that endangers the world economy. Countries that need money will be enslaved by loans from big finance like Citigroup, and once they are in debt, they will be unable to stand up to the demands of banksters who threaten them as we witnessed recently in Greece.

The reality is that without trade justice there cannot be climate justice, food justice; there cannot be health justice or wage justice. Injustice in trade undermines all the issues the social movement is working to correct.


Full article: http://dissidentvoice.org/2015/10/spread-the-word-tpp-is-toxic-political-poison-that-politicians-should-avoid/#more-60210


Secretive Deal Isn’t about Trade, but Corporate Control

Julian Assange on the TPP

by Democracy Now! / May 27th, 2015

As negotiations continue, WikiLeaks has published leaked chapters of the secret Trans-Pacific Partnership — a global trade deal between the United States and 11 other countries. The TPP would cover 40 percent of the global economy, but details have been concealed from the public.




Published on May 27, 2015

http://democracynow.org

A recently disclosed "Investment Chapter" highlights the intent of U.S.-led negotiators to create a tribunal where corporations can sue governments if their laws interfere with a company’s claimed future profits.

BBM


FAIR TRADE

We do read and experience the results of these things up here, you know. 'Canada' isn't just any leader - no matter who he/she is, and Trudeau's support of the TPP makes me sick. But we all know that the 1% demands the participation of gov't leaders who haven't got the stones or apparently, intelligence to go against it. Again, these new agreements are NAFTA on steroids. What's to like about the TPP, let alone 'beg' for it??
 

Hoyt

(54,770 posts)
50. So all these countries that sign these agreements -- including Scandanavian -- are corrupt.
Tue Oct 27, 2015, 12:33 PM
Oct 2015

None of them understand as much as the critics here.


 

Hoyt

(54,770 posts)
54. Well they all -- including Denmark -- must be corrupt if they are bowing to corporations.
Tue Oct 27, 2015, 06:06 PM
Oct 2015

If not corrupt, are all the government experts just ignorant compared to our global economists posting here.

polly7

(20,582 posts)
57. Having to bow to corporations has nothing to do with being corrupt or ignorant.
Tue Oct 27, 2015, 09:02 PM
Oct 2015

It's not having the same leverage to be able to refuse 'deals' that prop up an economy while the people in it are forced into possible brutal austerity including giving up all the things they once depended on, sacrificing environmental regulations, native farming practices, etc. etc. etc. Didn't you read any of what I posted there?

Some countries do what they have to do. Some choose it, because they are the ones with the most to gain.

Culture of Cruelty: the Age of Neoliberal Authoritarianism

By Henry A. Giroux
Source: Counterpunch
October 24, 2015

George Orwell’s nightmarish vision of a totalitarian society casts a dark shadow over the United States. As American society has moved from a welfare to a warfare state, the institutions that were once meant to limit human suffering and misfortune and protect the public from the excesses of the market have been either weakened or abolished.[1] With the withering, if not evisceration, of the social contract, the discourse of social responsibility has been removed from the principles of democratic reform. Relegated to an object of disdain by right-wing extremists, the legacy of democratic principles now withers under a social order marked by a hardening of the culture and the emergence of an unprecedented survival-of-the fittest ethos. This is a mean-spirited ethos that rails against any notion of solidarity and compassion that embraces a respect for others. The consequences of this emerging authoritarianism speak to a different experience of total terror in the 21st century.


We live at a time when politics is nation-based and power is global.[2] Global markets now trump the national rendering the political culture and institutions of modernity obsolete. The financial elite now float beyond national borders and no longer care about the welfare state, the common good, or for that matter any institution not subordinated to the dictates of finance capitalism. Hence, the ruling elites make no concessions in their pursuits of power and profits. The social contract of the past, especially in the United States, is now on life support as social provisions are cut, pensions are decimated, and the certainty of a once secure job disappears. Many neoliberal societies are now governed by politicians and financial elites who no longer believe in social investments and are more than willing to condemn young people and others–often paralyzed by the precariousness and instability that haunts their lives and future–to a savage form of casino capitalism.

The mantras of deregulation, privatization, commodification, and the unimpeded flow of capital now drive politics and concentrate power in the hands of the 1 percent. Class warfare has merged with neo-conservative polices to engage in permanent warfare both abroad and at home. There are no safe spaces free from the rich hoarders of capital and the tentacles of the surveillance and punishing state. The basic imperatives of casino capitalism-extending from eliminating corporate taxes and shifting wealth from the public to the private sector to dismantling corporate regulations and insisting that markets should govern all of social life have become the new common sense. Any viable notion of the social, solidarity, and shared democratic values are now viewed as a pathology, replaced by a survival of the fittest ethic, the celebration of self-interest, and a notion of the good life entirely tied to a vapid consumerist ethic.[3]


Full article: https://zcomm.org/znetarticle/culture-of-cruelty-the-age-of-neoliberal-authoritarianism/
 

Demeter

(85,373 posts)
10. Now that sanity has returned to Ottawa, perhaps TPP is toast!
Sun Oct 25, 2015, 09:11 AM
Oct 2015

And if Trudeau can take down NAFTA, he will be the leader of the Truly Free world!

gregcrawford

(2,382 posts)
11. OOOooo! Just wait for the FUN part!
Sun Oct 25, 2015, 09:17 AM
Oct 2015

When the TPP goes into effect, the rabid jackals in corporate legal departments won't even have to bother filing suit in Canada's - or any other country's - courts. According to leaked documents, all lawsuits alleging a possible adverse impact on future profits will be adjudicated in corporate tribunals by corporate lawyers. There will be no avenues of appeal.

We cannot allow these evil monsters to get away with this. I, for one, do not want to hear my grandchildren ask, "Were you just too chickenshit to stand up to these bastards? Just look at the poisonous, polluted hellscape you left us!"

 

CanSocDem

(3,286 posts)
16. Exactly.
Sun Oct 25, 2015, 09:50 AM
Oct 2015


Actual courts, those institutions of social justice that are a foundation of democracy, are being made obsolete by the collective force of big business.

"Big Business" knows that all you really want is a good job.


.

Babel_17

(5,400 posts)
14. Farcical trade agreements
Sun Oct 25, 2015, 09:48 AM
Oct 2015
King Arthur: I am your king.

Woman: Well, I didn't vote for you.

King Arthur: You don't vote for kings.

Woman: Well how'd you become king then?

<Angelic music plays... >

King Arthur: The Lady of the Lake, her arm clad in the purest shimmering samite held aloft Excalibur from the bosom of the water, signifying by divine providence that I, Arthur, was to carry Excalibur. THAT is why I am your king.

Dennis: [interrupting] Listen, strange women lyin' in ponds distributin' swords is no basis for a system of government. Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony.




http://www.imdb.com/title/tt0071853/quotes

Joe Chi Minh

(15,229 posts)
15. I think 'eminent domain' should work in the opposite direction, too, i.e for.
Sun Oct 25, 2015, 09:49 AM
Oct 2015

the benefit of the public. I mean large corporations exploiting a patent for a product of unique excellence and, as a result, effectively eliminating competition and monopolizing the market, should be permitted only brief patent rights. They don't scruple to impose their own prior rights over patent ideas of employees - even after they have left the corporation some time ago.

In fact, someone pointed out that the major IT corporations should be broken up, as they are co-opted to serve the government's intelligence services, and no right to (lawful) privacy need be respected.

 

NobodyHere

(2,810 posts)
24. If IT corporations are broken up
Sun Oct 25, 2015, 03:38 PM
Oct 2015

Why wouldn't they still be co-opted to serve the government's intelligence services. Do you think the NSA takes "no" for an answer?

Joe Chi Minh

(15,229 posts)
32. A unified corporation would, I imagine, be easier to control. But
Mon Oct 26, 2015, 11:47 AM
Oct 2015

this is something I am quoting from a news item, and am not sure in that regard. Presumably, the journo had some reason in mind.

Babel_17

(5,400 posts)
30. http://economixcomix.com/home/tpp/ (Economix explains the Trans-Pacific Partnership)
Sun Oct 25, 2015, 06:35 PM
Oct 2015

Hopefully it's cool to repost this.

http://economixcomix.com/home/tpp/

Clicking that link above will take you directly to the well written (and drawn) comic that goes to a great length to explain some of the pitfalls of this TPP deal. It also uses humor while doing so, and it also expounds in a readily understandable way on how trade in general can be subverted from being a good thing.

What is Economix?
Economix is a graphic novel by Michael Goodwin, illustrated by Dan E. Burr, that explains the economy. More than a cartoon version of a textbook, Economix gives the whole story of the economy, from the rise of capitalism to Occupy Wall Street. Economix is published by Abrams Comic Arts.

Praise for Economix

“I just cannot stress enough how amazing this book is.”
–James Floyd Kelly, Wired.com

“It’s simply phenomenal.”
– David Bach, author of Debt Free for Life and The Automatic Millionaire

“Goodwin has done the seemingly impossible–he has made economics comprehensible and funny.”
– Joel Bakan, author of The Corporation: The Pathological Pursuit of Profit and Power

“An amazing lesson in true-world economics! Delightfully presented, powerful, insightful, and important information. What a fun way to fathom a deep and often dark subject”
– John Perkins, author of Hoodwinked and the New York Times bestseller Confessions of an Economic Hit Man

“Economix is a lively, cheerfully opinionated romp through the historical and intellectual foundations of our current economy and our current economic problems. Goodwin has a knack for distilling complex ideas and events in ways that invite the reader to follow the big picture without losing track of what actually happened. Any reader wondering how our economy got to where it is today will find this a refreshing overview.”
– Timothy W. Guinnane, Philip Golden Bartlett Professor of Economic History, Yale University



Here's the link to the home page for that. http://economixcomix.com/

The link in the thread title is to an excellent "comic" that I found to provide an amazing focus on the TPP treaty. http://economixcomix.com/home/tpp/

Please share this if you found it useful! Reposting here at DU, as appropriate, would be great.

I scored this link at the "news for nerds" website, slashdot. /. link to the TPP thread I got it from: http://politics.slashdot.org/story/15/10/09/2242252/eff-the-final-leaked-tpp-text-is-all-that-we-feared

 

randome

(34,845 posts)
33. The article explains 'what', not 'why'.
Mon Oct 26, 2015, 11:52 AM
Oct 2015

My guess is that these companies were successful (and I wonder how many were not, hm?) because Canada applied these restrictions unfairly, to benefit their own companies at the expense of others involved in the treaty.

But since the article does not address the 'why', it's just conjecture on my part.
[hr][font color="blue"][center]"The whole world is a circus if you know how to look at it."
Tony Randall, 7 Faces of Dr. Lao (1964)
[/center][/font][hr]

eridani

(51,907 posts)
35. A flat ban on environmental poisons applies to both Canadiean and foreign companies
Tue Oct 27, 2015, 02:24 AM
Oct 2015

And that has no bearing on whether corporations can sue elected governments just because their profits are threatened.

polly7

(20,582 posts)
37. Not just profits, but under the new trade deals, 'expected future profits'.
Tue Oct 27, 2015, 03:51 AM
Oct 2015

I hate every one of these stinking trade deals.

pampango

(24,692 posts)
41. It will be interesting to see if the ISDS rules in the TPP are any better than in NAFTA.
Tue Oct 27, 2015, 08:48 AM
Oct 2015
From Japan: TPP sets limit on corporate suits

The Trans-Pacific Partnership free trade pact limits the period for foreign companies to file damages lawsuits against host states over sudden regulatory changes to 3½ years, Jiji Press learned Wednesday.

The limit, included in a TPP provision on investor-state dispute settlement, is designed to prevent abuse of litigation by multinational businesses. ISDS gives the legal basis for foreign businesses to challenge sudden changes in host country regulations.

Japan and the United States had pushed for the introduction of ISDS in an effort to help their companies go overseas. They successfully persuaded Australia and other reluctant countries by proposing the limit.

The ISDS provision allows member governments to introduce regulations about medical care and the environment at their own discretion. The provision also states that member governments will not be forced to change regulations even if they lose lawsuits from foreign businesses.

http://the-japan-news.com/news/article/0002510148

I don't know if this analysis is based on an actual reading of the TPP text or is based on rumor or leaks of previous drafts. If - a big IF - "member governments will not be forced to change regulations even if they lose lawsuits from foreign businesses" - that would be a big deal.
 

fasttense

(17,301 posts)
45. It would be interesting if it weren't so awful
Tue Oct 27, 2015, 11:02 AM
Oct 2015

This is just this person's opinion. It has no more bases in fact than Santa Clause. Didn't some politicians claim the TPP would bring more jobs and peace on earth? Yet the US has fewer jobs and more wars.

What facts we do have clearly show how devastating "free" trade agreements are to country's local economies and environments.

And the whole purpose of awarding damages is to change behavior. When it comes to bringing law suits against entire nations, that change translates into CHANGING LAWS.

eridani

(51,907 posts)
60. Clearly governments have no higher uses for their tax dollars than--
Wed Oct 28, 2015, 06:04 AM
Oct 2015

--defending themselves against predatory corporate bullshit.

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