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The United States is in the final stages of negotiating the Trans-Pacific Partnership (TPP), a massive free-trade agreement with Mexico, Canada, Japan, Singapore and seven other countries. Who will benefit from the TPP? American workers? Consumers? Small businesses? Taxpayers? Or the biggest multinational corporations in the world?

One strong hint is buried in the fine print of the closely guarded draft. The provision, an increasingly common feature of trade agreements, is called “Investor-State Dispute Settlement,” or ISDS. The name may sound mild, but don’t be fooled. Agreeing to ISDS in this enormous new treaty would tilt the playing field in the United States further in favor of big multinational corporations. Worse, it would undermine U.S. sovereignty.

ISDS would allow foreign companies to challenge U.S. laws – and potentially to pick up huge payouts from taxpayers – without ever stepping foot in a U.S. court. Here’s how it would work. Imagine that the United States bans a toxic chemical that is often added to gasoline because of its health and environmental consequences. If a foreign company that makes the toxic chemical opposes the law, it would normally have to challenge it in a U.S. court. But with ISDS, the company could skip the U.S. courts and go before an international panel of arbitrators. If the company won, the ruling couldn’t be challenged in U.S. courts, and the arbitration panel could require American taxpayers to cough up millions – and even billions – of dollars in damages.

If that seems shocking, buckle your seat belt. ISDS could lead to gigantic fines, but it wouldn’t employ independent judges. Instead, highly paid corporate lawyers would go back and forth between representing corporations one day and sitting in judgment the next.

…click on the above link to read the rest of the article…

More Corporate Cronyism and Shadiness Revealed in Newly Released Obamatrade Report

December 15, 2015

More Corporate Cronyism and Shadiness Revealed in Newly Released Obamatrade Report

The good news is that Senate Majority Leader Mitch McConnell recently admitted that the TPP, aka Obamatrade, has very little chance of passing Congress before next year’s Presidential election. The bad news is the main reason for this is because the RINOs in charge don’t think it represents enough of a giveaway to multi-national mega corporations.

All that aside, David Dayen just published a very valuable piece detailing the findings of a 121-page report critiquing the TPP by the Labor Advisory Committee.

Here’s more from Naked Capitalism:

The U.S. Trade Representative’s Office has been maligned for its network of Trade Advisory Committees, allegedly “independent” counsel for trade agreements. The Washington Post did the best work on the Advisory Committees back in February of last year, showing that 85 percent of the cleared advisors (meaning cleared to read the text of trade agreements as they are being negotiated) either worked directly for private industries or their trade groups.

But there’s another, more obscure group called the Labor Advisory Committee. Its 19 members are all the heads of major labor unions (Clayola Brown, president of the A. Phillip Randolph Institute, I guess technically isn’t, but that organization is a constituency group of the AFL-CIO). And like all Advisory Committees, they are required by law to write a report to Congress expressing their opinions about any finalized trade agreement. That means we now have this 121-page document, giving labor’s full argument against the TPP, from the people who have been following it from the inside for several years.

It gets off to quite a start in the first words of the executive summary:

On behalf of the millions of working people we represent, we believe that the TPP is unbalanced in its provisions, skewing benefits to economic elites while leaving workers to bear the brunt of the TPP’s downside. The TPP is likely to harm the U.S. economy, cost jobs, and lower wages.

…click on the above link to read the rest of the article…

Trans-Pacific Partnership text won’t be available before election

October 15, 2015

Trans-Pacific Partnership text won’t be available before election

Government officials say haggling by lawyers from 12 countries delaying release of trade agreement

Trade deal details 2:54

Canadians won’t be able to see the text of the Trans-Pacific Partnership trade deal before they vote.

Government officials told CBC News on Wednesday that the exact wording of the full agreement in principle announced Oct. 5 won’t be finalized until next week.

The federal election is next Monday, Oct. 19.

Twelve countries have signed on to the Pacific Rim free trade deal in principle, although it will require a separate ratification process in each country before it takes effect.

In an interview with CBC News Network’s Power & Politics, Canada’s trade minister said the government was pressing the other 11 countries to release “any form” of the text.

Trade Minister Ed Fast told the Vancouver Board of Trade last Thursday that the full text of the Trans-Pacific Partnership trade deal would be available within days. Now, government officials say it won’t be available until after the election. (CBC News)

“What I did say is that we’re working with our 11 other partners to secure at least a provisional text,” Conservative Ed Fast told CBC’s Rosemary Barton on Wednesday.

“What I’m saying,” Fast said, “I don’t have full control over it but I can tell you we’ve been very, very assertive with our partners explaining to them that Canadians — in the middle of an election — have a right to know what’s in the text.”

…click on the above link to read the rest of the article…

Veiled TPP Deal Holds Hidden Privacy Risks

October 13, 2015

Veiled TPP Deal Holds Hidden Privacy Risks

It would restrict governments from creating safeguards for your sensitive data.

The Trans-Pacific Partnership (TPP), a massive trade agreement that covers nearly 40 per cent of world GDP, wrapped up years of negotiation earlier this month. The TPP immediately emerged as an election issue, with the Conservatives trumpeting the deal as a source of future economic growth, the Liberals adopting a wait-and-see approach (the specific details of the agreement are still not public), and the NDP voicing strong opposition.

The focal point of most TPP discussion in Canada has centred on two sectors: the dairy industry, who would experience a modest increase in competition and receive a staggering multi-billion dollar compensation package, and the automotive parts sector, which would face Asian-based competition as a result of new, lower local content requirements (the industry is also pressing for a compensation package).

Lost in the discussion over imported butter and Japanese-made auto parts are the broader implications of the TPP. New rules on corporate lawsuits could result in more claims by foreign corporations against the Canadian government over national policies or court decisions (pharmaceutical giant Eli Lilly is already suing the government for $500 million over Canadian patent rulings) and an extension in the term of copyright beyond the international standard would lock down the public domain for decades and potentially cost Canadians hundreds of millions of dollars per year.

One of the most troubling, but largely ignored effects of the TPP involves privacy. Privacy is not an issue most associate with a trade agreement, however, the TPP features several anti-privacy measures that would restrict the ability of governments to establish safeguards over sensitive information such as financial and health data as well as information hosted by social media services.

…click on the above link to read the rest of the article…

All Rights Reserved: Now We Know the Final TTP is Everything We Feared

October 13, 2015

All Rights Reserved: Now We Know the Final TTP is Everything We Feared

Asia-Pacific Trade Deal

Friday’s release by Wikileaks of what is believed to be the current and essentially final version of the intellectual property (IP) chapter of the Trans-Pacific Partnership (TPP) confirms our worst fears about the agreement.

And it dashes the few hopes that we held out that its most onerous provisions wouldn’t survive to the end of the negotiations.

Since we now have the agreed text, we’ll be including some paragraph references that you can cross-reference for yourself – but be aware that some of them contain placeholders like ‘x’ that may change in the cleaned-up text.

Also, our analysis here is limited to the copyright and Internet-related provisions of the chapter, but analyses of the impacts of other parts of the chapter have been published by Wikileaks and others.

Binding rules for rights holders, soft guidelines for users

If you skim the chapter without knowing what you’re looking for, it may come across as being quite balanced, including references to the need for IP rules to further the “mutual advantage of producers and users” (QQ.A.X), to “facilitate the diffusion of information” (QQ.A.Z), and recognizing the “importance of a rich and accessible public domain” (QQ.B.x).

But that’s how it’s meant to look, and taking this at face value would be a big mistake. If you dig deeper, you’ll notice that all of the provisions that recognize the rights of the public are non-binding, whereas almost everything that benefits rightsholders is binding.

That paragraph on the public domain, for example, used to be much stronger in the first leaked draft, with specific obligations to identify, preserve and promote access to public domain material. All of that has now been lost in favor of a feeble, feel-good platitude that imposes no concrete obligations on the TPP parties whatsoever.

…click on the above link to read the rest of the article…

TPP Chapter Released by WikiLeaks Would Let Governments Curtail Trials So as to Contain Information

October 11, 2015

TPP Chapter Released by WikiLeaks Would Let Governments Curtail Trials So as to Contain Information

T / CC BY-ND 2.0

What WikiLeaks claims to be the full intellectual property chapter of the Trans-Pacific Partnership appears to give countries greater power to stop sensitive information from going public.

The Guardian reports:

One chapter appears to give the signatory countries (referred to as “parties”) greater power to stop embarrassing information going public. The treaty would give signatories the ability to curtail legal proceedings if the theft of information is “detrimental to a party’s economic interests, international relations, or national defense or national security” – in other words, presumably, if a trial would cause the information to spread. …

Among the provisions in the chapter (which may or may not be the most recent version) are rules that say that each country in the agreement has the authority to compel anyone accused of violating intellectual property law to provide “relevant information […] that the infringer or alleged infringer possesses or controls” as provided for in that country’s own laws.

The rules also state that every country has the authority to immediately give the name and address of anyone importing detained goods to whoever owns the intellectual property.

That information can be very broad, too: “Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement,” the document continues, “and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution.”

The Guardian further reports that a drafter’s note says every participating country’s individual laws about whistleblowing would still apply—though whether or not they would be applied would of course be up to the officials empowered to execute those laws.

…click on the above link to read the rest of the article…

This is How the Trade Pact Escalates the Currency War

October 8, 2015

This is How the Trade Pact Escalates the Currency War

When negotiators from 12 nations and hundreds of lobbyists from around the world, after years of horse-trading, agreed on a “trade deal” on Monday – a deal that remains secret except for the sections that have been leaked – President Obama gushed that it “reflects America’s values.”

The Trans-Pacific Partnership (TPP) pries open markets for American goods and services and impose rules on our trading partners that give “our workers the fair shot at success they deserve,” he said.

Similar praise ricocheted around the Pacific from Prime Minister Stephen Harper in Canada, and from politicians and heads of state in Australia, New Zealand, Japan, and the other participating countries. China isn’t part of the deal, but what the heck.

The free trade deal isn’t actually about “free trade.” Many provisions that have been leaked deal with reshuffling the power structure between corporations and democratic states at the expense of citizens and taxpayers.

So now this thing has to be ratified in the 12 countries involved. There might be one or the other hiccup – for example, Hillary Clinton has just come out against it to gain points in her battle to the presidency. “As of today, I am not in favor of what I have learned about it,” she told PBS, thus flip-flopping beautifully from when she, as Secretary of State, had backed the deal.

Despite these potential hiccups, delays, flip-flops, and re-flip-flops, I expect it to get ratified eventually by all 12 countries. Too many deep pockets have lined up behind it to let some elected politician screw it up.

Alas, there remains a little problem: does it really promote exports, which is what they all claim it does, or is that just hype?

That’s the question Krishen Rangasamy, Senior Economist at Economics and Strategy, National Bank Financial, in Canada asked in a note – and then provided the answer: um, no.

…click on the above link to read the rest of the article…

The Trans-Pacific Partnership: Permanently Locking In The Obama Agenda For 40 Percent Of The Global Economy

October 6, 2015

The Trans-Pacific Partnership: Permanently Locking In The Obama Agenda For 40 Percent Of The Global Economy

We have just witnessed one of the most significant steps toward a one world economic system that we have ever seen. Negotiations for the Trans-Pacific Partnership have been completed, and if approved it will create the largest trading bloc on the planet. But this is not just a trade agreement. In this treaty, Barack Obama has thrown in all sorts of things that he never would have been able to get through Congress otherwise. And once this treaty is approved, it will be exceedingly difficult to ever make changes to it. So essentially what is happening is that the Obama agenda is being permanently locked in for 40 percent of the global economy.

The United States, Canada, Japan, Mexico, Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam all intend to sign on to this insidious plan. Collectively, these nations have a total population of about 800 million people and a combined GDP of approximately 28 trillion dollars.

Of course Barack Obama is assuring all of us that this treaty is going to be wonderful for everyone…

In hailing the agreement, Obama said, “Congress and the American people will have months to read every word” before he signs the deal that he described as a win for all sides.

“If we can get this agreement to my desk, then we can help our businesses sell more Made in America goods and services around the world, and we can help more American workers compete and win,” Obama said.

Sadly, just like with every other “free trade” agreement that the U.S. has entered into since World War II, the exact opposite is what will actually happen. Our trade deficit will get even larger, and we will see even more jobs and even more businesses go overseas.

…click on the above link to read the rest of the article…

Trans-Pacific Partnership Deal Struck As “Corporate Secrecy” Wins Again

October 5, 2015

Trans-Pacific Partnership Deal Struck As “Corporate Secrecy” Wins Again

Once again the corporatocracy wins as the so-called “Trojan horse” Trans-Pacific Partnership (TPP) trade agreement has been finalized. As WSJ reports, the U.S., Japan and 10 countries around the Pacific reached a historic accord Monday to lower trade barriers to goods and services and set commercial rules of the road for two-fifths of the global economy, officials said.

For the U.S., the TPP (reportedly) opens agricultural markets in Japan and Canada, tightens intellectual property rules to benefit drug and technology companies, and establishes a tightknit economic bloc to challenge China’s influence in the region (likely forcing their hand into separate trade agreements).

However, Obama is likely to face a tough fight to get the deal through Congress (especially in light of presidential candidates’ opposition).

The US, Japan and 10 other Pacific Rim economies have reached agreement to strike the largest trade pact seen anywhere in two decades, in what is a huge strategic and political win for US President Barack Obama and Japan’s Shinzo Abe.

As The Wall Street Journal reports,

The deal, if approved by Congress, will mark an effective expansion of the North American Free Trade Agreement launched two decades ago to include Japan, Australia, Chile, Peru and several southeast Asian nations.

The trade deal has been in the works since 2008 but has been stymied by politically sensitive disputes, including a fight between the U.S. and Japan over the automobile industry.

Beyond that, however, it represents the economic backbone of the Obama administration’s strategic “pivot” to Asia and a response to the rise of the US’s chief rival, China, and its growing regional and global influence. It is also a key component of the “third arrow” of economic reforms that Mr Abe has been pursuing in Japan since taking office in 2012.

Biotechs, among others, are the big winners…

…click on the above link to read the rest of the article…

Agriculture Issues Just the Tip of the TPP Iceberg

July 22, 2015

Agriculture Issues Just the Tip of the TPP Iceberg

Trade deal could slam Canadians with rising consumer, health care and education costs

The Trans Pacific Partnership (TPP), a proposed trade agreement that encompasses nearly 40 per cent of world GDP, heads to Hawaii later this month for ministerial-level negotiations. According to media reports, this may be the final round of talks, with countries expected to address the remaining contentious issues with their “best offers” in the hope that an agreement can be reached. Canadian coverage of the TPP has centred primarily on U.S. demands for changes to longstanding agricultural market safeguards.

With a national election a few months away, the prospect of overhauling some of Canada’s biggest business sectors has politicians from all parties waffling on the agreement. Canadian International Trade Minister Ed Fast, who will lead the Canadian delegation, maintains that the government has not agreed to dismantle supply management protections and that it will only enter into an agreement if the deal is in the best interests of the country. The opposition parties are similarly hesitant to stake out positions on key issues, noting that they cannot judge the TPP until it is concluded and publicly released.

While the agricultural issues may dominate debate, it is only one unresolved issue of many. Indeed, the concerns associated with the agreement go far beyond the supply of products such as milk and chickens.

Meddles with copyright

First, a recently leaked version of the intellectual property chapter revealed that Canada would have to make significant changes to its copyright and patent rules. The TPP requires Canada to extend the term of copyright to life of the author plus an additional 70 years. The law is currently set at life of the author plus 50 years, which meets the international standard found in the Berne Convention.

…click on the above link to read the rest of the article…

President Obama Accepts Slavery in Order to Win TPP Trade Deal

July 10, 2015

President Obama Accepts Slavery in Order to Win TPP Trade Deal

So that U.S. President Barack Obama can end a roadblock and win the agreement of other nations for his proposed Trans Pacific Partnership, he has decided to remove one of the nations, Malaysia, from the U.S. State Department’s official list of countries that allow slavery. Malaysia, which recently found over a hundred graves of discarded slaves, has been on the U.S. State Department’s “Tier 3” list of slave nations, along with North Korea, Zimbabwe, Syria, and Iran, but, unlike those other countries, Obama wants Malaysia to be included in his Trans Pacific Partnership; so, he has decided to remove Malaysia from that official list.

This was first reported by Reuters on July 8th, under the headline “Exclusive: U.S. Upgrades Malaysia in Annual Human Trafficking Report.” Reuters announced: “The United States is upgrading Malaysia from the lowest tier on its list of worst human trafficking centers, U.S. sources said on Wednesday, a move that could smooth the way for an ambitious U.S.-led free-trade deal with the Southeast Asian nation and 11 other countries.”

Zach Carter at Huffington Post headlined, later on July 8th, “Obama To Upgrade Malaysia On Human Rights Despite Mass Graves,” and he reported that U.S. Senator Robert Menendez (D-NJ) issued a statement saying: “If true, this manipulation of Malaysia’s ranking in the State Department’s 2015 TIP report would be a perversion of the trafficking list and undermine both the integrity of this important report as well as the very difficult task of confronting states about human trafficking.”

However, Senator Menendez, himself, has, behind the scenes, pushed for Obama’s TPP and other mammoth ‘trade’ deals, including TTIP and TISA, even despite these deals allowing participating countries to look the other way and not prosecute when international corporations hire killers to assassinate labor union organizers in a given U.S. trade ‘partner’ country.

…click on the above link to read the rest of the article…

“Sentence First, Verdict Afterwards”: The Alice in Wonderland World of Fast-tracked Secret Trade Agreements

June 23, 2015

“Sentence First, Verdict Afterwards”: The Alice in Wonderland World of Fast-tracked Secret Trade Agreements

`Let the jury consider their verdict,’ the King said, for about the twentieth time that day.

`No, no!’ said the Queen. `Sentence first–verdict afterwards.’

`Stuff and nonsense!’ said Alice loudly. `The idea of having the sentence first!’

`Hold your tongue!’ said the Queen, turning purple.

`I won’t!’ said Alice.

`Off with her head!’ the Queen shouted at the top of her voice.

— Lewis Carroll, “Alice’s Adventures in Wonderland”

Fast-track authority is being sought in the Senate this week for the Trans-Pacific Partnership (TPP), along with the Trade in Services Agreement (TiSA) and any other such trade agreements coming down the pike in the next six years. The terms of the TPP and the TiSA are so secret that drafts of the negotiations are to remain classified for four years or five years, respectively, after the deals have been passed into law. How can laws be enforced against people and governments who are not allowed to know what was negotiated?

The TPP, TiSA and Transatlantic Trade and Investment Partnership (or TTIP, which covers Europe) will collectively encompass three-fourths of the world’s GDP; and they ultimately seek to encompass nearly 90 percent of GDP. Despite this enormous global impact, fast-track authority would allow the President to sign the deals before their terms have been made public, and send implementing legislation to Congress that cannot be amended or filibustered and is not subject to the constitutional requirement of a two-thirds treaty vote.

While the deals are being negotiated, lawmakers can see their terms only under the strictest secrecy, and they can be subjected to criminal prosecution for revealing those terms. What we know of them comes only through WikiLeaks. The agreements are being treated as if they were a matter of grave national security, yet they are not about troop movements or military strategy. Something else is obviously going on.

…click on the above link to read the rest of the article…

The Four Horses Asses of the TPP Apocalypse

June 19, 2015

The Four Horses Asses of the TPP Apocalypse

Congress members are often pressured in how to vote by the moneyed interests that buy their television ads, which in turn persuade the media to “cover” them nicely and dumb people to vote for them. But more often they are pressured in how to vote by the leaders of their two mega-parties who in turn answer to greater moneyed interests.

Thus three Republicans who voted against their leader’s wishes in one of a package of votes intended to ram through the Trans-Pacific Partnership disaster have now been stripped of their leadership positions.

But carrots are used as often as sticks. In May 2009, 60 congress members voted against dumping another $97 billion into the wars on Iraq and Afghanistan. My own misrepresentative Tom Perriello voted for it. Then, in June 2009, 202 congress members voted against that same war funding combined with a massive bailout for East European bankers. Perriello voted for both, even though both progressives AND the Tea Partiers in his district were opposed. The White House immediately rewarded him. Van Jones and Steny Hoyer came down to this district and did events, and shortly later the Secretary of Agriculture did the same. They were all rather pointless events intended as oppotrunities to pose for cameras with Perriello. Obama later did one himself.

At the end of last week, 28 Democrats voted against the interests of Obama, which happen to be identical on the TPP as on so many things with the interests of the Republican leadership. Some of those Democrats may not have needed carrots or sticks. But some clearly got them. Four in particular, we know, were given a ride in a aeroplane. Wheeeeee! Obama took them to the G7 with him on Air Force One. They are the four horses asses of the coming TPP apocalypse. They are:

…click on the above link to read the rest of the article…

Rule By The Corporations

June 2, 2015

Rule By The Corporations
TTIP: The Corporate Empowerment Act

The Transatlantic and Transpacific Trade and Investment Partnerships have nothing to do with free trade. “Free trade” is used as a disguise to hide the power these agreements give to corporations to use law suits to overturn sovereign laws of nations that regulate pollution, food safety, GMOs, and minimum wages.

The first thing to understand is that these so-called “partnerships” are not laws written by Congress. The US Constitution gives Congress the authority to legislate, but these laws are being written without the participation of Congress. The laws are being written by corporations solely in the interest of their power and profit. The office of US Trade Representative was created in order to permit corporations to write law that serves only their interests. This fraud on the Constitution and the people is covered up by calling trade laws “treaties.”

Indeed, Congress is not even permitted to know what is in the laws and is limited to the ability to accept or refuse what is handed to Congress for a vote. Normally, Congress accepts, because “so much work has been done” and “free trade will benefit us all.”

The presstitutes have diverted attention from the content of the laws to “fast track.” When Congress votes “fast track,” it means Congress accepts that corporations can write the trade laws without the participation of Congress. Even criticisms of the “partnerships” are a smoke screen. Countries accused of slave labor could be excluded but won’t be. Super patriots complain that US sovereignty is violated by “foreign interests,” but US sovereignty is violated by US corporations. Others claim yet more US jobs will be offshored. In actual fact, the “partnerships” are unnecessary to advance the loss of American jobs as there is nothing that inhibits jobs offshoring now.

…click on the above link to read the rest of the article…

Resilience is The New Black

May 8, 2015

Resilience is The New Black

This is another essay from our friend Dr. Nelson Lebo III in New Zealand. Nelson is a certified expert in everything to do with resilience, especially how to build a home and a community designed to withstand disasters, be they natural or man-made, an earthquake or Baltimore. Aware that he may rub quite a few people the wrong way, he explains here why he has shifted from seeing what he does in the context of sustainability, to that of resilience. There’s something profoundly dark in that shift, but it’s not all bad.

Nelson Lebo III: Sustainability is so 2007. Those were the heady days before the Global Financial Crisis, before $2-plus/litre petrol here in New Zealand, before the failed Copenhagen Climate Summit, before the Christchurch earthquakes, before the Trans Pacific Partnership Agreement (TPP)…the list continues.

Since 2008, informed conversations on the economy, the environment, and energy have shifted from ‘sustainability’ to ‘resilience’. There are undoubtedly many reasons for this shift, but I’ll focus on just two: undeniable trends and a loss of faith. Let me explain.

Since 2008, most of the pre-existing trends in income inequality, extreme weather events and energy price volatility have ramped up. Sustainability is about halting and reversing these trends, but there is essentially no evidence of that type of progress, and in fact the data shows the opposite.

Plenty of quantitative data exists for the last seven years to document these accelerated trends, the most obvious is the continually widening gap between rich and poor everyone else. The second wave of commentary on the Baltimore riots (after the superficiality of the mainstream media) has been about the lack of economic activity and opportunity in many of the largely African-American neighbourhoods.

…click on the above link to read the rest of the article…

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TTIP: The Corporate Empowerment Act