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trade cartoon snippet A respected human-rights expert at the United Nations, Alfred-Maurice de Zayas, has joined the global movement opposing trade treaties like TPP and TTIP. And he has novel and powerful legal arguments.

In international law, de Zayas says, there is a hierarchy of agreements, and at the top is the UN Charter: “in case of conflict between the provisions of the UN Charter and any other treaty, the Charter prevails.” In other words, trade treaties that lead to a violation of human rights — or breach any other obligation set out in the UN Charter — are legally invalid. Most countries have signed onto human rights treaties, but “they have also entered into trade and investment agreements that hinder, delay or render impossible the fulfillment of their human rights treaty obligations.”

De Zayas is especially concerned about Investor State Dispute Settlement (ISDS) clauses, which allow corporations to sue governments over laws or regulations that might diminish expected profits. Such mechanisms, he says, “actually constitute an attack on the very essence of sovereignty and self-determination, which are founding principles of the United Nations.” In fact, the International Covenant on Civil and Political Rights requires these kinds of disputes to be decided by independent, transparent and accountable tribunals. “Allowing three private arbitrators to disregard international and national law … is tantamount to a revolution against law.”

De Zayas notes that of the 608 known arbitration awards, many “have overridden national law and hindered States in the sovereign determination of fiscal and budgetary policy, labour, health and environmental regulation, and have had adverse human rights impacts… including a ‘chilling effect’ with regard to the exercise of democratic governance.”

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

Leaked TAFTA/TTIP Chapter Shows EU Breaking Its Promises On The Environment

October 27, 2015

Leaked TAFTA/TTIP Chapter Shows EU Breaking Its Promises On The Environment from the toxic-trade-deal dept

As far as trade agreements are concerned, the recent focus here on Techdirt and elsewhere has been on TPP as it finally achieved some kind of agreement — what kind, we still don’t know, despite promises that the text would be released as soon as it was finished. But during this time, TPP’s sibling, TAFTA/TTIP, has been grinding away slowly in the background. It’s already well behind schedule — there were rather ridiculous initial plans to get it finished by the end of last year — and there’s now evidence of growing panic among the negotiators that they won’t even get it finished by the end of President Obama’s second term, which would pose huge problems in terms of ratification.

One sign of that panic is that the original ambitions to include just about everything are being jettisoned, as it becomes clear that in some sectors — cosmetics, for example — the US and EU regulatory approaches are just too different to reconcile. Another indicator is an important leaked document obtained by the Guardian last week. It’s the latest (29 September) draft proposal for the chapter on sustainable development. What emerges from every page of the document, embedded below, is that the European Commission is now so desperate for a deal — any deal — that it has gone back on just about every promise it made (pdf) to protect the environment and ensure that TTIP promoted sustainable development. Three environmental groups — the Sierra Club, Friends of the Earth Europe and PowerShift — have taken advantage of this leak to offer an analysis of the European Commission’s real intent in the environmental field. They see four key problems:

The leaked text fails to provide any adequate defense for environment-related policies likely to be undermined by TTIP. For example, nothing in the text would prevent foreign corporations from launching challenges against climate or other environmental policies adopted on either side of the Atlantic in unaccountable trade tribunals.

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

Europe Secretly Starts Imposing TTIP Despite the Public’s Overwhelming Opposition

October 20, 2015

Europe Secretly Starts Imposing TTIP Despite the Public’s Overwhelming Opposition

The terms of Obama’s proposed TPP ‘trade’ treaty with Asian countries won’t be made public until the treaty has already been in force for at least four years. The terms of Obama’s proposed TISA (Trade In Services Agreement) with 52 nations won’t be made public until the treaty has already been in force for at least five years. Obama’s proposed TTIP treaty with European countries has been so successfully hidden, that even the number of years it will be kept from the public isn’t yet known. Hello, international fascism — all in secret, until too late for the public to do anything.

There is even speculation that “The Ed Show” was cancelled by the Democratic Party’s propaganda-operation owned by Comcast Corporation, MSNBC, because its star, Ed Schultz, was that cable-news network’s only host who covered Obama’s proposed ‘trade’ deals; and he was highly critical of them — he was critical of them notwithstanding that his employer,

Comcast is one of the few companies that have been brought in behind closed doors – where our elected Representatives don’t even get to go – to help review and consult with leaders about the global trade agreement. Comcast is hungry for the power they would receive from the TPP because it would gut regulations for all industries, so they had to silence the only voice on their new network that had the courage to talk about how horrible the trade deal would be for American citizens.

But in Europe, things are being rushed, just in case secrecy breaks and the treaty fails to pass. The European Union is already secretly imposing provisions from the secret Transatlantic Trade and Investment Partnership (TTIP) treaty, even before anyone has signed it, and even before it has been formally approved in any nation. This was revealed over the last weekend in two places:

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

Aristocracy aren’t Satisfied; They Demand More

October 19, 2015

Aristocracy aren’t Satisfied; They Demand More

A new analysis of the Obama-proposed TTIP ‘trade’ treaty, which the U.S. would have with Europe, finds that it was initiated and shaped by large international corporations, which will, also according to the only independent economic analysis that has thus far been done of TTIP (Transatlantic Trade and Investment Partnership), be the only beneficiaries of the proposed Treaty — all at the expense of the publics in each one of the participating countries.

This new study is titled «Public Services Under Attack», but it’s about more than just the proposed treaty’s impacts upon replacing «Public Services» by private services.

Corporate Europe headlined about this study on October 12^th, «Public services under attack through TTIP and CETA», and listed 15 of what they consider to be the report’s highlights. The following will instead quote extensively from the study itself, so that this summary will come mainly from the report itself:

The study is »Published by Association Internationale de Techniciens, Experts et Chercheurs (AITEC), Corporate Europe Observatory (CEO), European Federation of Public Services Unions (EPSU), Instytut Globalnej Odpowiedzialności (IGO), Transnational Institute (TNI), Vienna Chamber of Labour (AK Vienna), and War on Want». So: it reflects a concern for workers, and for the poor, not mainly for corporate owners — the latter being the proposed Treaty’s sole sponsors and beneficiaries.

This new study opens by defining (page 8) «Public Service»: «Public services are those provided by a government to its population, usually based around the social consensus that certain services should be available to all regardless of income». Another way of stating this is that a «public service» is one provided to citizens as a right, available to all equally, instead of as a privilege, available only upon the basis of ability-to-pay.

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

#StopTTIP: Tens of thousands protest trade deal with US in Berlin

October 10, 2015

#StopTTIP: Tens of thousands protest trade deal with US in Berlin

Protesters from a range of political groups have gathered in central Berlin for a protest against TTIP, a trade deal between the US and the European Union, which critics believe would benefit big corporations and hurt average Europeans.

Trade unions, environmental groups, charities and opposition parties are among the organizers of the rally, which was scheduled to go from the main railway station in central Berlin to the national parliament.

Some 24,000 signed up for the demonstration beforehand, but organizers said they hope for at least 50,000 people to show up. Berlin police say they expect up to 100,000 protesters to walk the city streets Saturday.

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#Berlin #StopTTIP demo

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The Transatlantic Trade and Investment Partnership (TTIP) is meant to improve trade between the US and the EU, bringing billions of dollars in extra profits to businesses.

Critics fear that it would lead to worse safeguards in Europe, bringing down standards for consumer safety, food and health or labor rights down to those in America. European nations have stricter regulations for things like genetically modified foods or workers benefits than the US does. There is also discontent with the secretive nature of the negotiations, which prompts skeptics to assume the worst about the document they would eventually produce.

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

The Western Alliance Is Crumbling

October 3, 2015

The Western Alliance Is Crumbling

EU Is Abandoning U.S. on Overthrowing Assad

Obama Cannot Defeat Assad without EU’s Help

EU Also Rejects Obama’s TTIP & TISA Demands

Obama’s Presidential ‘Legacy’ Heads to Failure

Europe is being overrun by refugees from American bombing campaigns in Libya and Syria, which created a failed state in Libya, and which threaten to do the same in Syria. Europe is thus being forced to separate itself from endorsing the U.S. bombing campaign that focuses against the Syrian government forces of the secular Shiite Syrian President Bashar al-Assad, instead of against his fundamentalist Sunni Islamic opponents, the jihadist groups (all of which are Sunni), such as ISIS, and Al Qaeda in Syria (al-Nusra).

A member of the Iraqi parliament has said:

The pressure on the Syrian regime, which is fighting ISIS, must be lifted. They should not try to strengthen the feeble Free Syrian Army [FSA]. There is no FSA. There is ISIS in Syria and Iraq. You cannot fight ISIS in Iraq, yet support it in Syria. There is one war and one enemy. The U.S. should give up its hypocrisy. People are not brainless.

The European publics oppose America’s bombings, which have poured these refugees from American bombing, into Europe. European leaders are starting to separate from alliance with the United States.

U.S. Senator John McCain, who, as a fanatical Vietnam-war bomber-pilot, has always hated Russia even more than does U.S. President Barack Obama (who got his hatred from other sources), is egging Obama on to war against Russia in Syria; he says, “We need to have a no-fly zone,” where we prohibit Russia’s planes from bombing areas that are controlled by American-supported jihadists (which the U.S. government still euphemistically calls “the Free Syrian Army”).

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

The Pentagon Creates Partnership with Apple to Develop Wearable Tech

August 29, 2015

The Pentagon Creates Partnership with Apple to Develop Wearable Tech

Screen Shot 2015-08-28 at 10.49.50 AM

Last week, in the post JP Morgan Hires Recently Retired U.S. General, Raymond T. Odierno, I made the following observation:

How can you ensure that the interests of TBTF Wall Street mega banks and the military-intelligence-industrial complex remain aligned? Create a revolving door of course.

Of course it’s much, much bigger than this. The genius of the current status quo system is that it has created a complicated and opaque interlocking system of crony partnerships and interdependencies between the government, mega corporations and academia so massive, wealthy and powerful it has become exceedingly difficult to challenge. This is precisely because almost everyone now depends on it for their paychecks.

Creating such corrupt networks often happens in the shadows, and in recent years has taken the form of “public-private partnerships” and secret trade deals such as the TTP, TTIP and TISA. This is how modern America operates in a nutshell, and it’s continued metastasis is rapidly destroying what’s left of freedom, common sense and free markets in this nation.

Moving along to today’s post, how free does it make you feel that the Department of Defense is partnering with 162 companies, universities and other groups to develop wearable technology? How independent can these companies and universities actually be when they are engaged in such schemes with the U.S. government. The answer is obvious: Not independent at all.

From NBC News:

The Pentagon is teaming up with Apple, Boeing, Harvard and others to develop high-tech sensory gear flexible enough to be worn by people or molded onto the outside of a jet.

The rapid development of new technologies is forcing the Pentagon to seek partnerships with the private sector rather than developing its technology itself, defense officials say.

“I’ve been pushing the Pentagon to think outside our five-sided box and invest in innovation here in Silicon Valley and in tech communities across the country,” Defense Secretary Ash Carter said in prepared remarks on Friday.

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

LEAKED: How the Biggest Banks Are Conspiring to Rip Up Financial Regulations around the World

July 3, 2015

LEAKED: How the Biggest Banks Are Conspiring to Rip Up Financial Regulations around the World

WikiLeaks got its hands on part of the secret trade pact for services

It’s almost impossible to keep anything secret these days – not even the core text of a hyper-secret trade deal, the Trade in Services Agreement (TiSA), which has spent the last two years taking shape behind the hermetically sealed doors of highly secure locations around the world.

According to the agreement’s provisional text, the document is supposed to remain confidential and concealed from public view for at least five years after being signed! But now, thanks to WikiLeaks, it has seeped to the surface.

The Really, Really Good Friends of Services

TiSA is arguably the most important – yet least well-known – of the new generation of global trade agreements. According to WikiLeaks, it “is the largest component of the United States’ strategic ‘trade’ treaty triumvirate,” which also includes the Trans Pacific Partnership (TPP) and the TransAtlantic Trade and Investment Pact (TTIP).

“Together, the three treaties form not only a new legal order shaped for transnational corporations, but a new economic ‘grand enclosure,’ which excludes China and all other BRICS countries” declared WikiLeaks publisher Julian Assange in a press statement. If allowed to take universal effect, this new enclosure system will impose on all our governments a rigid framework of international corporate law designed to exclusively protect the interests of corporations, relieving them of financial risk, and social and environmental responsibility.

Thanks to an innocuous-sounding provision called the Investor-State Dispute Settlement, every investment they make will effectively be backstopped by our governments (and by extension, you and me); it will be too-big-to-fail writ on an unimaginable scale.

Yet it is a system that is almost universally supported by our political leaders. In the case of TiSA, it involves more countries than TTIP and TPP combined: The United States and all 28 members of the European Union, Australia, Canada, Chile, Colombia, Costa Rica, Hong Kong, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea, Switzerland, Taiwan and Turkey.

…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…

TPP: Unconstitutional tribunal for .01% oligarchs to dictate what is ‘fair trade’

June 15, 2015

TPP: Unconstitutional tribunal for .01% oligarchs to dictate what is ‘fair trade’

“The corporations have bribed the political leaders in every country to sign away their sovereignty and the general welfare of their people to private corporations. Corporations have paid US senators large sums for transferring Congress’ law-making powers to corporations.” – Dr. Paul Craig Roberts, former Assistant Secretary to US Treasury, former editor of the Wall Street Journal

Trans-Pacific-Partnership (TPP) is “secret national security legislation” that President Obama and both parties’ “leaderships” refuse to disclose to the American public, and only visible from WikiLeaks. President Obama attempted “fast track” dictatorial power for Congress to vote for TPP without access to full text or public consideration. “Fast track” violates the US Constitution’s requirement for the Senate to ratify all treaties with 2/3 vote by claiming that 50% is somehow the same (a tie is broken by the VP, so 50% is enough). President Clinton’s justification of “fast track” is here.

TPP is Emperor’s New Clothes’ unconstitutional because it allows a foreign three-person tribunal chosen by the same .01% oligarch powers that created TPP to have power to tax Americans billions of our dollars for claimed “damages” of corporations. These three persons appointed by TPP interests would have dictatorial power to protect corporate claimed “future profits.” From Ellen Brown:

“To date, the highest ISDS award has been for $2.3 billion to Occidental Oil Company against the government of Ecuador over its termination of an oil-concession contract, this although the termination was apparently legal. Still in arbitration is a demand by Vattenfall, a Swedish utility that operates two nuclear plants in Germany, for compensation of €3.7 billion ($4.7 billion) under the ISDS clause of a treaty on energy investments, after the German government decided to shut down its nuclear power industry following the Fukushima disaster in Japan in 2011.”

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

How Obama’s “Trade” Deals Are Designed To End Democracy

June 15, 2015

How Obama’s “Trade” Deals Are Designed To End Democracy

U.S. President Barack Obama has for years been negotiating with European and Asian nations — but excluding Russia and China, since he is aiming to defeat them in his war to extend the American empire (i.e, to extend the global control by America’s aristocracy) — three international ‘trade’ deals (TTP, TTIP, & TISA), each one of which contains a section (called ISDS) that would end important aspects of the sovereignty of each signatory nation, by setting up an international panel composed solely of corporate lawyers to serve as ‘arbitrators’ deciding cases brought before this panel to hear lawsuits by international corporations accusing a given signatory nation of violating that corporation’s ‘rights’ by its trying to legislate regulations that are prohibited under the ’trade’ agreement, such as by increasing the given nation’s penalties for fraud, or by lowering the amount of a given toxic substance that the nation allows in its foods, or by increasing the percentage of the nation’s energy that comes from renewable sources, or by penalizing corporations for hiring people to kill labor union organizers — i.e., by any regulatory change that benefits the public at the expense of the given corporations’ profits. (No similar and countervailing power for nations to sue international corporations is included in this: the ‘rights’ of ‘investors’ — but really of only the top stockholders in international corporations — are placed higher than the rights of any signatory nation.)

This provision, whose full name is “Investor State Dispute Resolution” grants a one-sided benefit to the controlling stockholders in international corporations, by enabling them to bring these lawsuits to this panel of lawyers, whose careers will consist of their serving international corporations, sometimes as ‘arbitrators’ in these panels, and sometimes as lawyers who more-overtly represent one or more of those corporations, but also serving these corporations in other capacities, such as via being appointed by them to head a tax-exempt foundation to which international corporations ‘donate’ and so to turn what would otherwise be PR expenses into corporate tax-deductions. In other words: to be an ‘arbitrator’ on these panels can produce an extremely lucrative career.

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

Fast-track Hands the Money Monopoly to Private Banks — Permanently

June 13, 2015

Fast-track Hands the Money Monopoly to Private Banks — Permanently

It is well enough that the people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning. — Attributed to Henry Ford

In March 2014, the Bank of England let the cat out of the bag: money is just an IOU, and the banks are rolling in it. So wrote David Graeber in The Guardian the same month, referring to a BOE paper called “Money Creation in the Modern Economy.” The paper stated outright that most common assumptions of how banking works are simply wrong. The result, said Graeber, was to throw the entire theoretical basis for austerity out of the window.

The revelation may have done more than that. The entire basis for maintaining our private extractive banking monopoly may have been thrown out the window. And that could help explain the desperate rush to “fast track” not only the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership (TTIP), but the Trade in Services Agreement (TiSA). TiSA would nip attempts to implement public banking and other monetary reforms in the bud.

The Banking Game Exposed

The BOE report confirmed what money reformers have been saying for decades: that banks do not act simply as intermediaries, taking in the deposits of “savers” and lending them to borrowers, keeping the spread in interest rates. Rather, banks actually create deposits when they make loans. The BOE report said that private banks now create 97 percent of the British money supply. The US money supply is created in the same way.

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

Democracy on Hold: President of European Parliament Suspends Vote on Secretive U.S.-EU Trade Pact as Tide Turns Against It

June 10, 2015

Democracy on Hold: President of European Parliament Suspends Vote on Secretive U.S.-EU Trade Pact as Tide Turns Against It

Today was supposed to be a historic day — the day when hundreds of MEPs, representing hundreds of millions of European citizens, were to finally get their say on the hugely contentious EU-US trade bill commonly known as TTIP. Granted, the result would not have been binding, but a no-vote would have represented a resounding slap in the face of the European Commission.

Things began fairly auspiciously when, early on Tuesday, The Guardian reported that dissension was growing in the ranks as MEPs threatened to block the trade deal unless it guaranteed states’ rights to regulate over climate, health, and social laws. Now news is emerging that the President of the Parliament, Martin Schulz, has decided to postpone the vote altogether amidst fears that a majority of MEPs might reject the bill.

Here’s more from the Spanish news site El Diario.

The differences between the European People’s Party (EPP) and the social democratic bloc on the issue of arbitration and especially the internal division among the socialists have led to the withdrawal of the report, although the official justification given by the President of the European Parliament, Martin Schulz has been the huge number of amendments (over 200) proposed by the Committee on International Trade (INTA).

“In view of the more than 200 amendments and requests for separate vote, President Schulz has decided, using the Rule 175 and after consulting the chairman of the Committee on International Trade (INTA), to postpone the vote”. In fact, more than half of the amendments came from committee members fiercely opposed to the treaty (the European United Left and the Greens) and Schulz’s last-minute decision was to head off the “danger” that the TTIP would be defeated on Wednesday, according to parliamentary sources…

…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…

How The Media Deceive The Public About “Fast Track” And The “Trade Bills”

May 22, 2015

How The Media Deceive The Public About “Fast Track” And The “Trade Bills”

The way that “Fast Track” is described to the American public is as an alternative method for the Senate to handle “Trade Bills” (TPP & TTIP) that the President presents to the Senate for their approval; and this alternative method is said to be one in which “no amendments are permitted, and there will be a straight up-or-down vote on the bill.”

But, in fact, the “Fast Track” method is actually to require only 50 Senators to vote “Yea” in order for the measure to be approved by the Senate, whereas the method that is described and required in (Section 2 of) the U.S. Constitution is that the President “shall have the Power, by and with the Advice and Consent of the Senate, to make treaties, provided two thirds of the Senators present concur.” That’s not 50 Senators; it’s 67 Senators, that the Constitution requires.

In other words: “Fast Track Trade Promotion Authority” (which was invented by the imperial President Richard Nixon in 1974, in order to advance his goal of a dictatorial Executive, that the Presidency would become a dictatorship) lowers the Constitutionally required approval from 67 Senators down to only 50 Senators.

This two-thirds rule is set forth in the Constitution in order to make especially difficult the passing-into-law of any treaty that the United States will have with any foreign country. The same two-thirds requirement is set forth for amending the Constitution, except that that’s a two-thirds requirement in both the House and the Senate: it can be done “by either: two-thirds (supermajority) of both the Senate and the House of Representatives …; or by a national convention assembled at the request of the legislatures of at least two-thirds (at present 34) of the states.”

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

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TTIP: The Corporate Empowerment Act