FTA threats: | CONTENTS | INTRODUCTION
| DANGERS | ISDS | BENEFITS | EXAMPLES
of FTAs | NGOs | ACTION by YOU
| REFERENCES / LINKS | Impacts
on CLIMATE CHANGE & TAR
SANDS & FRACKING <<<
SLACC
members please note
(& ACTION by YOU section - especially green
text)
Free
Trade Agreements
(FTAs) and the dangerous Investor-to-State Dispute Settlement
clause (ISDS)
Trading
our rights for corporate power and profits?
Web-site written by Dr Henry Adams, Kendal,
(that's me) who has been reading up on FTAs since 2011, when I
received a not so "re-assuring" letter from Ed Davey MP (then in
BIS, now DECC) after I wrote to government (via Tim Farron MP) on
the dangers of CETA in forcing
higher-carbon-emissions tar
sands fuels into the EU and UK. Thank you Trade
Justice Movement for describing this web-page as "a great
resource". This web-page is currently being continually improved.
ACTION:
TTIP and CETA will liberalize trade and extraction of the worst
fossil fuels, so increasing climate change.
FoE makes it easy to urge your MEPs
against this: https://www.foe.co.uk/act/who-wouldnt-reject-toxic-trade-deal
ACTION:
Please sign the 'Self-organised
EUROPEAN CITIZENS' INITIATIVE
(ECI) against TTIP and CETA' Sign the ECI! Stop TTIP
More ACTION options in
ACTION by YOU section (see above - highlighted)
NB:
Westmorland & Lonsdale constituency and South
Lakes residents - green text is for you.
I have also started (in October) a STOP
TTIP South Lakes web-page for you: www.dragonfly1.plus.com/STOP-TTIP-South-Lakes.html
<<<
My
briefing for Tim Farron MP
in July (a pdf):
www.bit.ly/FTAbriefTimFarron
-
now with Vince Cable/BIS for responses to specific numbered points.
LEAFLETING ACTION: Please read, download, print and
distribute this pdf
leaflet by 'STOP TTIP South Lakes'. More on this in ACTION
by YOU section.
Joseph
Stiglitz, Nobel prize-winning economist, said with
regards 'Free Trade Agreements' such as TTIP/TAFTA: "Corporations
everywhere may well agree that getting rid of regulations would be
good for corporate profits. Trade negotiators might be persuaded
that these trade agreements would be good for trade and corporate
profits. But there would be some big losers - namely, the rest of
us." (copied from www.citizen.org/TAFTA).
Legislation is under negotiation that would allow US
multinational corporations such as Chevron or Monsanto to sue the UK
or EU outside our court system if any new UK or EU laws or regulations
might reduce their future profits (such as climate legislation). If
this threat to our democratic rights to try for a better future
"raises your hackles" then this web-page I hope will arm you to have
your say.
Trade agreements can potentially
be beneficial for the majority of affected people, but the so-called
'Free Trade Agreements', and Bilateral Investment Treaties (BITs),
which are enveloping the world, are like "Trojan Horses" as they
affect much more than just trade, and in ways opposite to beneficial,
except for a minority. They are in effect "corporate charters",
negotiated behind closed doors with exclusive access and influence
given to corporate interests to further their aims for maximizing
profits and global domination. The latter is implemented by the
dangerous text they typically contain that empowers multi-national
corporations to legally trump or straight-jacket national and EU
law, policy and regulations, and thus also democracy and sovereignty.
FTAs and BITs prioritize profit over people, and are a huge threat to
our climate, environment, health and safety, human rights, employment
rights, indigenous peoples' rights etc, etc (the list is long). This
web-page explains how FTAs are dangerous in these ways, and provides
evidence from existing FTAs.
The biggest FTA affecting the UK now
is the Transatlantic Trade and
Investment Partnership (TTIP)
between the EU and US, which is currently under negotiation. As with
other FTAs, one of its main aims, and its largest requirement for its
hyped-up financial benefits, is deregulation:
the levelling down or removal of key regulations protecting us and our
environment, such as from toxic chemicals, pollution, carbon emissions,
fracking, environmental destruction, misuse of GM and pesticides,
employment rights, bank crises, etc. These hard-won regulations TTIP
lumps in the category 'non-tariff barriers' - barriers to potential
profits for multinational corporations. Also within this category are
public procurement policies, to be prized open with a legal ratchet for
irreversible privatization of public services such as
the NHS - to convert taxpayers money into dividends for the rich. TTIP
will increase some regulations: those that protect corporate power and
profits. Here is a 4 minute
introductory video of TTIP: What
is the TTIP?
This web-page aims to provide you with information and resources to help
you have your say on these FTAs, especially the TTIP and its equivalent
with Canada (the CETA).
Do
watch this excellent 5 minute video, which gives evidence of some
of the worst aspects of FTAs, such as their most dangerous clause the ISDS mechanism, which we must fight to remove from the
TTIP and other FTAs:
NO FRACKING WAY | How the
EU-US trade deal risks expanding fracking in Europe and the US
| news release [2014] from SourcedTV
on Vimeo.
'A
trade agreement currently being negotiated between the US
and the EU could open the way to multi-billion euro
lawsuits from companies wanting to expand “fracking” for
shale gas and oil, reveals a new report today. As part of
the proposed investor rights chapter in
the EU-US trade deal, companies could be allowed
to sue governments, through a binding arbitration system
that operates outside national frameworks, if they attempt
to regulate or ban fracking
[or change any policy or regulation that might reduce
profits from any activity of a multi-national company].
Campaigning groups are urging the EU to not include such
rights in the trade deal.' - Such corporate
rights are the ISDS mechanism, which this web-page describes
in detail further below.
|

Click
here to help stop the corporate power grab
This power grab, unless
checked, will give corporations a profit-focused set of laws
with legal superiority above national sovereignty and thus
democracy. With such added powers (as if multi-nationals are
not powerful enough!), corporations are likely to legally
force these on you: fracking and other
risky extraction processes, Monsanto's GM crops
and pesticides, more pollution
of air, land and water, higher carbon emissions
diesel from the destructive tar sands industry, irreversible
privatization of public services (e.g. NHS),
increased stifling of climate legislation by oil companies
such as Chevron, etc, etc.
|
For
CONTENTS - scroll down (the jump to CONTENTS does not work well in
Safari and Chrome)
There are better alternative forms of trade to
"free trade", and fair
trade is better than "free trade"!
Be aware that FTAs affect much more than just trade, and removing
the very low remaining tariffs is but a tiny part of what they encompass:
They impact on almost all economic and political activity and more
besides: they will affect all of us: much of what we do and try to do.
If you don't want big multi-national companies being given legal powers to
constrain and even over-ride national sovereignty and your democratic
rights, then I hope you will find this web-page useful to you as a
resource to help you defend your rights.
If this subject is new to you (it has been hidden from the public) -
scroll down to read my introduction, or a recent 'must-read' article, then
if you feel the urge to respond - jump to the ACTION
by YOU section, such as via the CONTENTS. Don't feel you have to read everything on
this page before going to the action section. This is a huge multi-topic
subject, much of which you can regard as for reference, for picking out
what topics interest you most, whether it be tackling climate change, NHS
privatization, food and farming standards ...
South
Cumbria's Cumberland and
Lonsdale constituents (including SLACCtt
& SL-WDM): 1. the green text is for you, 2. the 'ACTION
by YOU' section provides help for you to write to Tim
Farron MP. SLACCtt:
note that there is a section on impacts of FTAs on CLIMATE
CHANGE, fracking,
tar sands (via CONTENTS below).
CONTENTS of
this web-page Jumps to sections within this
web-page:
v v
v
Westmorland
& Lonsdale constituents: useful information specific
for you in the ACTION by YOU section
v
Negative
aspects: | ISDS
< the most dangerous threat!
| Levelling down regulations | Corporate
vetting of proposed regs | Will precautionary
principle survive? | Re human rights
& indigenous rights | Lowering of
food & farming standards | Privatization of public services e.g. NHS
| Employment rights | Chemicals
| Education | Intellectual
Property Rights, Patents & Copyright | Internet
freedom & privacy | Further deregulation
for financial services | Corporate
tax-dodging ensures no level playing field | Flawed
neoliberal ideology
Recent
or must
read articles:
(to view more click HERE,
from where you can click to get back to CONTENTS section)
My
briefing for Tim Farron MP
in July (a pdf):
www.bit.ly/FTAbriefTimFarron
A useful summary of the strong concerns of NGOs representing our
public interests: 11nov13
letter (pdf) re TTIP/TAFTA to Obama, Barroso, Van Rompuy which
has many signatories for NGOs etc from both sides of the
Atlantic.
16apr14 [Not
introductory but powerfully useful and up-to-date:] 'Still
not loving ISDS: 10 reasons to oppose investors’
super-rights in EU trade deals' - Corporate Europe
Observatory.
'What
does the biggest free trade deal in history mean for the
environment?' The Guardian ECO
AUDIT of 14mar14, with Karl Mathieson collating
comments and ending with his verdict.
'Give
and take in the EU-US trade deal? Sure. We give, the
corporations take' George
Monbiot, 11mar14, The Guardian. And... (continue
here).
'30 Reasons why Greens oppose
TTIP' - 6jun14. <<<
Excellent, and easy to read.
This brief concise summary is also an easy read: TTIP
of the Iceberg [but 2nd sentence of 2nd paragraph
is strangely wrong].
Here
I write a detailed rebuttal
of Ken Clarke's pro-TTIP "reassurance" letter
to Tim Farron MP (pdf), July
2014. Shortened link: www.bit.ly/FTAhenryKC
An
excellent letter re TTIP, CETA, ISDS, by Dr
Brian Woodward (main author) to represent views
of South Lakeland WDM: SL-WDM-letter-TTIP-CETA-ISDS.pdf
Brian briefly summarizes some
TTIP issues at NW Transition Conference on 12july14: 'TTIP
and Transition'
Introduction
(N.B. in reality, FTA's
are not just about trade)
Big multinational corporations are insidiously using the negotiations
towards Free Trade Agreements to increase their power over and above
sovereign states by secretively stitching up the world's nations within
legal straitjackets. These are forming a global sticky web that will be
increasingly difficult for nations to get out of when the public
eventually realize how much "democracy" has been seriously
diminished. Such corporations are achieving this by playing a major
part within the "behind closed doors" FTA negotiations between nations and
nation-groups such as the EU. These negotiations are non-transparent,
inaccessible and unaccountable to us the public and any NGOs trying to
protect our public-interest. The resulting FTAs become "Trojan Horses" by
containing dangerous "payloads". Here are some:
1. Deregulation: Under the name "regulatory
harmonisation" or other preferred terms they try to level down or
eliminate any regulations or policies that can be regarded as being
"barriers to free trade" and free market principles, or "burdensome" to
investment profits, even those regulations designed to protect people
and environments. Profits are given legal primacy over everything
else. Conversely they aim to increase regulations that protect potential
profits - especially from those corporate activities that are against the
public interest (i.e. that would be harder to gain legal protection under
democratic scrutiny). An
alternative to regulatory harmonisation has been proposed for some trade
sectors for TTIP called 'mutual
recognition' - where differing regulatory standards are retained
for domestic products but foreign (US to us) products can be imported
even if they don't meet our regulatory standards: this has obvious health
and safety implications for example regarding US food and other
products currently banned from the EU. Linda Kaucher of
StopTTIPuk shows here
how deregulation in TTIP connects with the deregulation drive in the EU
and the UK (UK Deregulation Bill now Act).
2. Especially dangerous is the inclusion in the investment chapter of text
that gives companies the right to sue governments outside of our
legal and court system if their potential profits from trade,
investment or other activities are restricted or threatened by any new
policy decisions or new laws and regulations. This text is the Investor-to-State
Dispute Settlement mechanism (ISDS)
- which I will explain in the "Trojan Horse" section below. There is
already ample evidence from existing FTAs and BITs that corporations are
suing governments for loss of profits from, for example, attempts to stop
polluting and destructive mining projects, and fracking.
3. For the
regulatory co-operation chapter (which includes the
problematical "regulatory harmonization" aka "regulatory
co-operation" aim), US is pushing for
US interests and their lobbying groups and stakeholders (mostly
industry) to be given the power to amend, dilute, delay or
possibly even block any EU ideas for regulatory improvements,
and at an undemocratically early stage in the development
process - before even reaching a stage of democratic involvement
(by MEPs or public citizens). Proposed climate legislation could
thus be killed at birth by Chevron, a US official adviser and
backed by the US trade representative. [Refs: CEO,
FT, etc in CONTENTS | CLIMATE CHANGE...).
4. They provide a legal ratchet system to make privatization
of public services effectively irreversible or more
difficult to reverse. For the UK and its NHS this is dangerous,
especially if the NHS is not made 100% exempt from this threat
in the EU-US trade deal now under negotiation. The opening up of
he NHS and its huge supply of taxpayers money to plundering by
corporate interests and their shareholders is worrying: it is a
very tempting treasure trove for transfer of taxpayers money to
shareholder dividends and company directors - which Cameron and
Osborne are pleased to make available under the false
presumption that private is better than public for delivering
public services [G4S? ATOS? private care homes?...!]. It is also
central to calculations of [speculative] "financial benefits"
[to whom?] of the trade deal. Kendal's Dr Brian Woodward
provides insightful summary of this from official references [pdf of
his letter].
Most important to us in the UK right now are the FTAs under negotiation
between the EU and USA
(TTIP) and between EU
and Canada (the CETA).
The other huge FTA under negotiation is the trans-Pacific TPP
between USA and other states in or bordering the Pacific. With these
in place it will be checkmate: no nation will want to risk facing
multi-million (or even multi-billion) dollar lawsuits by creating any laws
or policies that might threaten corporate profits such as climate
legislation, restrictions on GM food imports or of destructive and
polluting mining projects.
"Free trade" Economics (skip if that's not your interest): "Free
trade" is being peddled as a cure-all to economic problems and to give a
boost to the flawed goal of unqualified GDP growth, despite the
reality that "Free Trade Agreements" have less to do with trade but much
more to do with profits from deregulation and privatization, which shift
costs onto us. The cure-all notion is a neoliberal ideological myth and a
part of “market fundamentalism”, or in reality a twisted form of all these
concepts - as the market created is far from being a “level playing field”
for fair competition, or ‘free’, as the biggest players ensure they get
the biggest advantage - and a legalized big advantage too, thus
paradoxically destroying the concept of a level playing field for a market
to function well. There are potential small benefits for trade agreements
in removing unnecessary tariffs (but there are minimal tariffs remaining
between EU and US), and removing subsidies that distort an even market for
trade, such as US subsidies for the oil and gas industry, and for growing
maize (but the North American FTA failed to tackle these and I expect TTIP
will ignore these too). But
the use of the pro-corporate model inherent in FTAs and BITs, coupled with
corporate hijacking of trade negotiations, is resulting in an unfair shift
towards oligopoly, and thus ironically - 'market failure'. The costs to us
from deregulation are 'negative externalities' - also increasing 'market
failure'. Furthermore, financial instability due to speculation on
exchange rates causes much more problems for trade than small tariffs, yet
is ignored by the FTA model.
Other trade models such as the Alternative Trade Mandate are ignored
because they aim to benefit all of us, not just the rich and powerful
elite at our expense.
Free Trade Agreements are not so ‘free’ - they come
at a huge cost - to democracy, sovereignty, climate, environment and
natural resources, health and safety, workers' rights, human rights
etc:
[read on or jump up to CONTENTS or ACTION
by YOU]
Some of the
many bad aspects of FTA’s: (the
down-sides of globalization with FTAs)
The fact that this is a long list
is a big point in itself. And it's
expanding as my spare-time permits. I have yet to re-order it
according to severity of threat.
The worst aspect - the dangerous ISDS - is now item 2. in the
list because item 1. gives some background context - but this
can be skipped if you want to tackle the worst first!
The most concise and readable list I have encountered is this one: '30
Reasons why Greens oppose TTIP' - 6jun14.
And
for a fuller report, C.E.O. - Corporate Europe Observatory
have produced an excellent report: 'A brave new transatlantic
partnership - The proposed EU-US Transatlantic Trade and Investment
Partnership (TTIP/TAFTA), and its socio-economic & environmental
consequences' which you
can read on the WDM website here.
1. Inadequate democratic, public and media
involvement, in contrast to corporate capture (and some of the
reasons why):
The
creation of FTA's such as TTIP and CETA is little publicized nor known to
the public, and escapes media attention (is it deliberately
side-lined or censored by the media? Are they being leant on?). But it is
well known to big corporations, who are allowed to apply excessive
lobbying (and involvement), even at the early preparatory stage of FTAs,
with impunity and minimal exposure and transparency, to ensure that FTAs
suit their aims for making unconstrained extra profit (by maximizing
"negative externalities" enabled by de-regulation [i.e. costs shifted to
dis-empowered victims and the "public purse"]). These secret FTA
negotiations are inaccessible and unaccountable to civil society or to
democratic processes and public scrutiny, yet corporate interests have
access (i.e. the process is oligarchic not democratic). (REF:
'What are you hiding? The opacity of the EU-US trade talks' - Corporate
Europe Observatory).
The
UK Green Party state that "The dominance of big business in the TTIP
negotiations is clear: in the US, the 30 working groups involved in the
negotiation are made up of 90% private sector representatives, with
civil society only being given 9% of the representation. On both sides of
the Atlantic, elected parliamentarians are only allowed limited access to
information about the negotiations, while around 600 ‘corporate advisors’
have full access to this information." And
Corporate Europe Observatory found out that "more
than 93% of the Commission’s meetings with stakeholders during the
preparations of the negotiations [for the EU-US FTA: TTIP] were with
big business". In the US: an impressive infographic shows how 'Industry
voices dominate the trade advisory system' with "Private industry
and trade groups represent the lion's share of committee members - 480,
or 85% of the total.", and "most committees are devoted primarily or
exclusively to business interests and related trade associations." (The
Washington Post, 27feb14). Chevron, mis-user of the ISDS against
Ecuador, is an official advisor to the US...
Not
only this, but I must add that the model on which TTIP and CETA are based
- such as demonstrated by the now 20-year old North American FTA (NAFTA)
was itself designed in collaboration with and for U.S. big business
interests. Attempts at putting such pro-corporate agreements into
pan-global agreements by the WTO World Trade Organization have failed in
the past (e.g. in 1999 at Seattle) - partly due to the public getting to
know too much. Now there is more of a stealth FTA by FTA, BIT by BIT
approach, with TTIP and TPP being like 2 keystone and "gold standard"
strides towards the goal of fully global supranational corporate
supremacy. A Congresswoman has admitted she heard it said that the the
reality has to be kept hidden from the public as they wouldn't accept it
if they knew: (click on the pic.twitter url)
The present unelected European
Commission ("Barroso II") has been heavily criticized for being
unduly over-influenced by big business and remote from the public and
groups campaigning for the public interest: for example C.E.O. report how
the Commission has been party to corporate capture in 'The
record of a Captive Commission' (pdf, May 2014).
C.E.O. (Corporate Europe Observatory)'s latest article on corporate
lobbying and transparency: Who
lobbies most on TTIP? (8jul14).
Why
do politicians keep quiet about
losing some of their democratic power to big business? The answer is a
shameful "Faustian Pact": they gain in tribal and private and potentially
remunerative ways. Politicians, with their tribal allegiance to whips,
leaders and ministers with an eye to corporate connections and the oiling
of "revolving doors", focus uncritically on the speculative money gains of
FTAs (in reality: e.g. dividends to share-holders, though disguised as
mean £gain per household), and pretend their dangers are benign, ignoring
the ample existing evidence to the contrary. If you still wonder why
governments keep quiet too, as likewise they face loss of democratic and
sovereign power from FTAs, you must bear in mind 1. the billions invested
by UK banks, pension funds (and big Tory donors) into dirty extractive
corporate projects abroad, and 2. the personal and "club" benefits of
being "cosy" with corporate interests, both remunerative and job-wise
(e.g. board membership and revolving doors). [My work on conflicts of
interest within government ("internal lobbying") is accessible from this
link, and see WDM's 'Carbon Capital' and 'The
Fossil Fuel Web of Power']. [An aside
in connection with the "lobbying/gagging bill": Tim Farron MP told me
he'd like to see 'internal lobbying' outlawed, but reckoned he wouldn't
get enough support from other MPs (due to their desire to keep certain
private options open... - lets's put it that way here) - a depressing
indictment of our "democracy". Many politicians shift from their
ostensible "allegiance" to Party and constituents to Party and
"corporate masters", guided by the flow of power and money. Please do
not cynically accept this: expose and fight it.]
On the plus side,
TTIP has been debated in Parliament both by a Lords Select Committee
on TTIP, and in the House of Commons, and well worth reading is the 25feb14
contribution
by Zac Goldsmith MP
in Hansard, which provides evidence (from the now 20 year old North
American FTA) against the dodgy claims by pro-TTIP politicians.
BBC
tv and radio news for example keeps quiet about the creation of FTAs (have
you heard of CETA on tv news? - its negotiation was completed in 2013,
except maybe the ISDS clause). And not just the BBC of course. The first
tv/radio announcement (if at all) of CETA and TTIP may be when the deal is
signed, and thus too late for public debate (video). [3dec13 sequel - US-EU FTA mentioned on BBC
R4 - but an exception to the rule, and quietly done; may14 - a report
giving both sides of the debate, in the BBCR4 'Today' programme].
This tv/radio silence while our vital democratic and other rights are
being almost-irreversibly bargained away allows FTAs to escape public
scrutiny, making it easier
for:
Jumps to CONTENTS
& TOP
of page
2.
The ISDS: Free Trade Agreements are "Trojan horses"
for increasing corporate power, and their most dangerous "payload" is
the Investor-to-State Dispute Settlement mechanism (ISDS)
(#ISDS on twitter) (aka
Investor-State arbitration clause).
The
ISDS clause - part of the
Investment Chapter - is a typical feature of FTAs and BITs, and is lined
up for both the EU's TTIP and CETA.
Please
watch this excellent
5 minute video (if you haven't already),
which gives examples of the corporate abuse of the ISDS mechanism:
NO FRACKING WAY |
How the EU-US trade deal risks expanding fracking in Europe and the US
| news release [2014]
And/or this more recent 8 minute video
published by CEOwebtv on 15apr14:
New
video: 'Suing the State - Hidden rules within the EU-US trade deal'
- Corporate Europe Observatory
A really
excellent factsheet on the ISDS is this one by FoEE -
Friends of The Earth Europe: 'The
TTIP of the anti-democracy iceberg: The risks of including
investor-to-state dispute settlement in transatlantic trade talks'
(October 2013). Useful for quotable data and example evidence.
The ISDS mechanism is a typical part of
the Investment Chapter of FTAs and BITs, and gives companies the right
to bypass national legal systems and to sue governments if their
potential profits from trade, investment or other activities might be
threatened or reduced by a change in regulations or policy, such as new
legislation to protect the environment or climate, natural resources
including water, habitat and wildlife, health and safety, human rights,
employment rights, public services etc. They can even sue for their
future profits that they could fore-go, which could be vast sums for the
taxpayer.
Ten European health, transparency and
environment NGOs have drafted a joint evidence-based statement of
opinion against the ISDS ['TTIP
puts the EU's environmental and social policies on the line'
13jan14 in EurActiv].
My view is that the ISDS clause should be
removed from the investment chapter of FTAs such as TTIP and CETA and
replacement text should be inserted that makes it clear right from the
start that the needs of people, the environment and
democracy/sovereignty should have legal supremacy over free market
principles and corporate profits. [Scroll down to near end of 2. for
some of my ideas for its replacement]
The
historical and broader background of the
ISDS clause: Originally the ISDS clause was included in FTAs and
BITs with lesser developed countries, primarily to protect Western
companies against the increased risk for their assets and profits when
investing into countries with potentially dodgy national legal and court
systems, so as to allow companies to bypass the risk of the latter, and to
deter against forced nationalization or other such loss of assets such as
physical seizure ('expropriation' by its original meaning). It might also
appeal to national leaders of such countries trying to encourage inward
foreign investment by providing confidence of stability.
(Skip
this paragraph on 'expropriation' if you are time-constrained)
Protection against 'expropriation' is a key reason for the ISDS, and its
definition is critical: The problem here is that corporate interests
sneakily expanded the term at least 20 years ago from its original meaning
of physical expropriation or seizure of assets to 'indirect expropriation'
i.e. losses equivalent to physical seizure in that both ultimately result
in loss of future profits, so that regulations that result in loss of
potential future profits can be regarded by ISDS as a type of
expropriation for which the corporation can demand compensation in full.
The corporate intention: to make regulations frighteningly costly to
taxpayers even those vital for public protection, with a shift in legal
primacy from public protection to corporate profit protection, and a total
disregard of 'negative externalities' (the costs of corporate activity
externalized to be borne by the public and environment so as to maximize
profits, e.g. pollution costs).
(Skip
this paragraph if you are time-constrained,
as it gives insight into a much wider context) But also I
consider likely, the ISDS clause was and is, to allow increased Western
corporate control over poor nations for resource-extraction at reduced
cost to the company (but increased cost to the parasitized host nation and
its local people and environment, alongside such straight-jacketing
Western control as aid loans with strings attached, and corporate tax
dodging from poor countries' coffers using such tricks as 'transfer
pricing' via subsidiaries in tax havens [this tax haven dodge is now to be
assisted by a recent UK law that George Osborne is proud of]). The ISDS
mechanism is one device for a broader Western control of the "global
South" (the modern equivalent of colonialism) that ultimately results for
example in Africa losing more of its wealth as corporate profits to tax
havens than the money it gains from such corporate activities and Western
"aid" combined, with much of the profits being from extraction and export
of finite natural resources without a fair corporate tax gain to the host
nation.
However
- now the ISDS is being misused by corporations as a tool to suppress
potential new regulations that might reduce their profits, and not just
that...
How
it works: The ISDS clause typically provides a mechanism for
behind-closed-doors arbitration by a tribunal of corporate/commercial
lawyers distant in all ways from any negatively-affected public, and
without democratic involvement nor recourse to appeal. It (i) allows
companies to bypass normal courts and legal processes, (ii) legally
over-rides national legislation, (iii) can impose multi-million (or even
billion) dollar fines and costs on nations, and thus (iv) can effectively
prevent (or "chill") any potential new legislation being created to
protect people and environment, for fear of the immense costs of it being
challenged. (iv) Note that it is one way: Investor-to-State. It does not
allow states to pursue foreign corporate investors for reparation or fines
for damages done to the environment or to people as a result of their
activities (such as mining or oil pollution). In fact it can and is used
for the opposite of this: for e.g. oil companies to fine nations for
trying to force the "polluter pays principle" for the clean-up of their
corporate mess (e.g. Occidental oil co. - Ecuador case). What's more: (v)
this 1-way direction, together with a number of other factors, such as the
focus on the primacy of profits and free-trade and downplay of
people/environment values, the way arbitrators earn their high pay, their
private not public-service employment etc, results in both a financial
incentive and a biased mindset for the arbitrators to have intrinsic
pro-corporate bias - with unaccountability and impunity. Such extreme
power for 3 private people to make decisions that can over-ride national
law and sovereign constitutions. The European Commission claim they have
made the ISDS for the TTIP benign in relation to our concerns, but CEO and
other NGOs disagree (more on that in the 'EU "consultation"' sub-section
below).
The
ISDS mechanism is a means by which FTAs can be used by multinational
corporations to increase power over governments and undermine democracy.
With potential climate change legislation threatening the value of fossil
fuel corporations and their investors, FTAs provide a means by which
corporations can fight such legal threats to their profits. Furthermore -
with natural resources being increasingly fought over as many of them
diminish, big corporations are made free to use FTAs to increase their
power to grab and control them. These statements are not scares - they are
based on ample evidence from existing cases, which are increasing in
number as FTAs and BITs increase in number globally.
EVIDENCE:
Here is a recent shocking example (via a Trade Justice Movement briefing).
More examples further on.
"Churchill Mining suing Indonesia: In
response to an extensive, locally led campaign, the Indonesian government
withdrew mining licenses which would have led to the destruction of a
national park, home to nearly 5,000 orangutans. In response, UK-based
Churchill Mining is suing Indonesia for $2 billion it claims is owed as
compensation for asset seizure." [An aside: UK high street banks are the
biggest investor into the mega-scale mining ecocide in Indonesia: mainly
coal mining, with huge irreversible destruction, pollution at both source
and combustion, not to mention the highest carbon intensity. The billions
invested gives the money-driven Osborne and Cameron a big Ref: WDM website e.g. re
UK banks & acclaimed interactive
documentary.]
NB:
A brief "must read" for everyone: how ISDS will affect all of us: 'Why Trade Deals are Privatising Government' - Ruth
Bergan (Trade Justice Movement)
11nov13.
An excellent report by Thomas McDonagh for The
Democracy
Center (pdf), entitled ‘Unfair, Unsustainable, and Under the Radar - How Corporations Use Global Investment Rules to
Undermine a Sustainable Future’ has called such international arbitration "a
privatised justice system for global corporations", and gives examples
on pp10-11 where corporations have sued governments for obstructing
projects due to e.g. health or environmental concerns such as the
pollution of water resources by open cast mining. He also describes the
official locus where the majority of ISDS arbitration panels take place
- the World Bank's "infamous" ICSID
(located in USA). Good 9
minute video on the harm done by ICSID and ISDS to people, health,
environment and democracy. McDonagh gives a summary including shocking
examples of the misuse of the ISDS in ICSID in his article in Alternet:
'How
Corporations Are Subverting Attempts to Rein in Their Power'
23may13. Also by McDonagh:
'Allowing
corporations to sue governments for changing their laws may be common,
but it's not good' Thomas McDonagh 24apr14 openDemocracy -
OurKingdom.
Typically
the
arbitration decision is made by a tribunal. It's incredible how 3 people
in secrecy can over-ride democracy. Also typically - there is no appeal
mechanism nor opportunity for democratic say.
I’ll
let one of the tribunal judges describe this insanity: "When I wake up
at night and think about arbitration, it never ceases to amaze me that
sovereign states have agreed to investment arbitration at all ...
Three private individuals are entrusted with the power to review,
without any restriction or appeal procedure, all actions of the
government, all decisions of the courts, and all laws and regulations
emanating from parliament."
Juan Fernández-Armesto, arbitrator from Spain, in [but behind a pay-wall]
www.globalarbitrationreview.com/journal/article/30399/stockholm-arbitrator-counsel-double-hat-syndrome. This has been quoted in several articles -
one of which being this excellent factsheet
on the ISDS by FoE Europe which describes examples of the misuse
of the ISDS and is well worth downloading: foee_factsheet_isds_oct13.pdf
‘The TTIP of the anti-democracy iceberg:
The risks of including investor-to-state dispute settlement in
transatlantic trade talks’ October 2013 (already linked to
above).
The "chilling" effects of the ISDS mechanism and ICSID are
increased by the huge size of financial penalty that taxpayers can suffer,
because such amounts also include the potential future profits the company
might lose out on by their activities being stopped - which could be very
high if it is the unregulated extraction of high value natural resources
with large externalities unaccounted for. Such financial penalties could
be a significant proportion of a small state's tax revenue. CEO provides
evidence of chilling. And here's more evidence of chilling: the ISDS text
in NAFTA (North America FTA) has been used to snuff out potential health
and environment regulations in Canada: 'A
shield becomes a sword' 17nov01 (and the former US trade rep making
money out of ISDS).
The possibility of coal, oil and gas companies chilling and
over-riding climate legislation is increasingly worrying - especially
where FTAs with USA are concerned. Also US fracking companies could use
the ISDS in the TTIP to reduce or remove any regulatory controls
(Halliburton is partnering with Celtique Energie fracking company in the
UK - the TTIP may give them power to do this). This is already happening
to Canada, which is being sued by a fracking company using the ISDS in
NAFTA, as a result of Quebec's moratorium against fracking (the
suing is by a US subsidiary of a Canadian company - Lone Pine
Resources Inc.).
Other examples of
corporate misuse of the ISDS
The above-mentioned
McDonagh-DemocracyCenter report is a good source for such examples,
and was referenced by George Monbiot when he wrote two justifiably
strongly-worded articles on the TTIP and the ISDS in 2013 (more in
20140, which are well worth reading. E.g.:
'This transatlantic
trade deal is a full-frontal assault on democracy' 'Brussels
has
kept quiet about a treaty that would let rapacious companies subvert our
laws, rights and national sovereignty' George Monbiot 4nov13 in The Guardian. Here Monbiot gives examples of
the dangerous payload of the FTA Trojan Horse in its destructive action
mode. For example El Salvador is being sued by a Canadian mining company
for loss of future profits due to its resistance to a gold mining
project which will pollute water supplies. I’ll add that Costa Rica is
also being sued by a Canadian mining company for protecting rainforest
from its proposed gold mine and associated pollution, by using an ISDS
within an investment treaty.
'The lies behind this transatlantic trade deal' "Plans
to
create an EU-US single market will allow corporations to sue governments
using secretive panels, bypassing courts and parliaments" George Monbiot 2dec13 The
Guardian.
The ISDS and ECOCIDE:
The ISDS mechanism, and many other parts of FTAs, are the complete
antithesis and pre-emptive blocking attack to the recently revived push
for the UN to put in place the international law against ecoside, with ecoside being the
5th International Crime Against Peace - against the ecocide
that the ISDS clauses in FTAs and BITs help lock-in as being legal. Also
the currently-being-created trans-atlantic TTIP and CETA, together with
their largest Pacific-rim equivalent, the TPP, because they will together
encompass a huge proportion of the world, will be an extremely toughened
corporate padlock to face attempts for a UN law against the increasing
corporate ecocide. Thus we must remove the ISDS clause from all these FTAs
before they are agreed and signed up to.
Several
articles I've read write that globally there are very few arbitrators
and firms contributing to the ISDS/ICSID tribunals, and that some
arbitrators can switch between representing a corporation to
representing a supposedly unbiased arbitrator, with resulting conflicts
of interest. They charge massive costs per day and have an incentive to
prolong a case, and the nation pays costs regardless of whether they
"win" or lose. Further info re this: 'Profiting
from injustice: How law firms, arbitrators and financiers are fuelling
an investment arbitration boom' Cecilia Olivet, Pia Eberhardt,
27nov12, TNI Trade and Investment.
For
debate & investigation, having not fully read this article: my
prediction re ISDS lawyers: The ISDS mechanism is likely to
over-weight the factors of lost-profit and barriers-to-trade/investment
(with profit and free market principles being
over-weighted), with less weighting given to human/environmental
protection factors such as impacts on climate change (the latter could
be down-weighted as being but a consequential knock-on factor - as
I've noticed can happen in UK planning cases). The lawyers involved
could well come from a corporate background and thus have intrinsic
pro-corporate bias. Furthermore - I have been in discourse over the
internet with an international corporate law postgrad who supports the
non-scientific false viewpoint that many big corporations favour -
that denies the reality that almost all climate scientists consider
that man is the main cause of global warming (he appears to favour US
columnists who advocate the mind-muddling sowing of doubt or
pseudo-fair appraisal of 'false balance').
If he shares the viewpoint of an average ISDS tribunal lawyer, then
don't expect an ISDS tribunal to give much weighting to any climate
consequences!
Who
really wins more ISDS cases - governments or corporations?
THOMAS MC DONAGH 16 July 2015 in oD OurKingdom "What campaigners need
to know about a recent change in UN Investor State Dispute Settlements
(ISDS) statistics." - statistics from the United Nations Conference on
Trade and Development (UNCTAD).
2014:
We now have a 3 month period of "consultation" over the ISDS in TTIP
(April, May June, 2014). However I have heard of no such consultation
period for the ISDS in the CETA (the EU-Canada FTA) - an FTA which has
received less attention than the TTIP. The CETA has completed its main
negotiation process in 2013 and has been agreed to by the European
Commission with the ISDS in place. Incredibly and worryingly, the
CETA's ISDS text has not yet been made public (correct 2013, but may
be public now?).
My view
and proposals re the ISDS
My view is that the ISDS clause should
be removed from the investment chapter of FTAs such as TTIP and CETA and
replacement text should be inserted that makes it clear right from the
start that the needs of people, the environment and democracy/sovereignty
should have legal supremacy over free market principles and corporate
profits.
One idea I propose: if a corporation
claims that a new policy/law/regulation reduces future profits, then an
assessment of those future profits should be first made that deducts from
them (i) profits that arise from externalizing costs to other people and
environment: all negative externalities should be internalized into the
equation, including direct and indirect effects on life-cycle carbon
emissions, (ii) profits arising from corporate tax-dodging such as
transfer-pricing via subsidiaries in tax havens. With (i): carbon
accounting is increasing in its potential accuracy, with pricing carbon
made easier as climate sensitivity estimation is improving as climate
science itself improves its ability to unravel the effect of GHGs from the
variety of factors affecting the complexity that is climate change. This
new type of profit assessment, i.e. that assesses what profits should
be in a non-corporate-controlled world, would hopefully throw out
most cases at or before the start-line, and save on a lot of legal costs
and minimize threats.
EU
"consultation" on ISDS in TTIP in 2014
In response to demands pushed for by NGOs
on our behalf the EU have provided a consultation period in place for
the ISDS in the TTIP currently under negotiation (c.3 months long from
c.27mar14, then extended for a few days). (NB: The ISDS still remains
within the CETA between EU and Canada).
29aug14 update: The "consultation" is shown to be a pretence when the EU
Commission issue new rules for EU ISDS before
the consultation data has been evaluated: 'EU
ISDS Regulation Announcement – Friends of the Earth Europe comment'.
150,000 European citizens and stakeholders participated in the
consultation: does that mean anything to the EU Commission?
First see: 'Online
public consultation on investment protection and investor-to-state
dispute settlement (ISDS) in the Transatlantic Trade and Investment
Partnership Agreement (TTIP)' http://trade.ec.europa.eu/consultations/index.cfm?consul_id=179
NB: closing date now extended to 13 July
2014.
http://trade.ec.europa.eu/doclib/docs/2014/march/tradoc_152280.pdf
- 'Public consultation on modalities for investment protection and ISDS
in TTIP'.
Brian Woodward has helpfully provided me with useful links to this
consultation:
http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=ISDS
http://trade.ec.europa.eu/doclib/docs/2014/march/tradoc_152280.pdf#Question2
see pages 18 onwards for CETA info
http://trade.ec.europa.eu/consultations/index.cfm?consul_id=179
http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151916.pdf
http://trade.ec.europa.eu/doclib/press/index.cfm?id=1052
As I've only recently had access to
these documents and they are long, I have not yet had time to adequately
read and assess them. Beware that "consultations" often deliberately frame
forms to try and force you to accept underlying intrinsic presumptions
that you may disagree with, and often attempt to constrain you from adding
your comments that relate to those presumptions or other key issues. I
have now found out (surprise, surprise!), that this also applies here to
this so-called consultation: it tries to restrict the consultation to
aspects of the ISDS not to the ISDS as a whole, so dodging key core issues
inherent to the ISDS mechanism.
NB: read these,
especially if you are likely to respond to the consultation:
27mar14 'Campaigners
slam Commission’s mock consultation on investor rights in EU-US trade
deal' - Corporate Europe Observatory. This has useful quotes, e.g.:
"The Commission’s so-called reform agenda does nothing to address the
basic flaws of the investor-state dispute settlement system. Foreign
companies will continue to have greater rights than domestic firms and
citizens. And international tribunals consisting of three for-profit
lawyers will continue to decide over what policies are right or wrong,
disregarding domestic laws, courts and democracy." (Marc Maes of the Belgian development
organisation 11.11.11). Nor does the consultation provide an option for
respondents to reject the ISDS on the basis of its intrinisic core
flaws, the questions are so biased.
16apr14 'Commission’s
weak reforms of EU-US trade deal could unleash a corporate litigation
boom' - Corporate Europe Observatory press release for this
briefing:
16apr14 'Still
not loving ISDS: 10 reasons to oppose investors’ super-rights in EU
trade deals' - Corporate Europe Observatory. Essential reading,
especially if you are trying to counter UK government/Conservative/LibDem
false "assurances" that the ISDS in the TTIP is benign.
23apr14 'Getting
Action Strategy Check: Confronting ‘corporate super-rights’ in the TTIP'
- The Democracy Center, By Thomas Mc Donagh and Aldo Orellana López
"Campaigners Pia Eberhardt and Arthur Stamoulis discuss what has been
learned so far about challenging investor-state dispute settlement (ISDS),
as the European Commission consults on its use in the Trans-Atlantic Trade
and Investment Partnership". In this article is a useful quote to pre-empt
UK coalition partners MPs/MEPs stock dismissive "reassurance" that the
European Commission have made the ISDS benign:
Pia Eberhardt of Corporate Europe
Observatory (who has been interviewed by the Lords on TTIP – due to her
relevant expertise) insisted that “we must again and again and again
repeat that the so-called reform agenda of the (EU) Commission does
nothing to tackle the basic flaws of the system [TTIP/ISDS] and will not
protect people, the environment and democracy.”
This is a briefer easy-read assessment
worth reading:
30apr14 'Transatlantic
Trade and Investment Partnership (TTIP) – The European Commission
Consultation' Martina Weitsch, rationaldebate blog. I quote (as a
"taster"!): "It has a number of deep
flaws: 1. It does not address the fundamental question: do we need
and/or do we want a Transatlantic Trade and Investment Partnership. So,
there is no scope within the constraints of the questions asked to
actually say: stop, we don’t want this; we don’t need this. ..."
2. ... 3. ... 4. ... ...
But respond nonetheless, and don't be restricted by its constraints!
Martina Weitsch is former QCEA Representative. GCEA:
'Transatlantic
Trade and Investment Partnership (TTIP) – The European Commission
Consultation' - The QCEA Blog. QCEA
are Quaker Council for European Affairs.
3.
FTAs can be used by extraction companies to evade local democracy -
and the proposed China-Canada FTA gives an example. Luckily it was spotted
and highly publicized. Canada’s PM Harper was hoping that such an FTA
would allow Chinese oil companies to trump local democracy (such as the
rights of indigenous First Nations), as the latter is holding up expansion
of the tar sands industry by e.g. putting a stop to the proposed Northern
Gateway pipeline from Alberta to an inlet of the Pacific Ocean (for access
to China).
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4.1
FTAs have an inherent pressures to
reduce, level down or eliminate regulations, including those designed to
protect people and the environment (e.g. re reducing emissions
and pollution, pesticides, health and safety, workers rights etc) to a
common minimum (e.g. under the heading "regulatory
harmonization"). NB: impress on your MP: (i) that leveling down,
de-regulation, or a watering down of regulations, is logically more likely
than the reverse, as the aim of 'free trade' and investment is to reduce
barriers to trade (and foreign investment), (ii) that it is inherently
steered also by neo-liberal ideology which is a presumed mindset of both
negotiating officials and corporate interests; furthermore, (iii) that it
is also a central aim of corporate interests for increasing profits, and
they are involved from an early stage in the creation of FTAs, which is
(iv) not counter-balanced by allowing an equivalent involvement
by NGOs trying to protect our needs for leveling up of protective
regulations (NGOs and our democratic interests are excluded). The
alternative to regulatory harmonization proposed for TTIP for certain
trade sectors, for 'mutual recognition',
has health and safety and other implications, as
described in a pdf by the European Committee for Standardization CEN,
and CENELEC.
An
exception to this has an irony: in Columbia a new regulation
came into force in association with an FTA (with USA) - but this new
one was to even further increase the competitive advantage of the
multi-national companies: by insisting that all seed used must be
certified seed (it's expensive to certify) (law nicknamed "Monsanto law"< or similar by the peasant
farmers).
Linda Kaucher of StopTTIPuk shows here
how deregulation in TTIP connects with the deregulation drive in the EU
and the UK (UK Deregulation Bill).
4.2 FTAs can also potentially allow
corporations to have a say on new regulations at
an early stage in their creation, so don't expect the regulations
to be effective against corporate interests, or maybe even to reach the
democratic stage of scrutiny and voting. US is pushing for this in the
TTIP: On 11mar14 Monbiot writes: "Last month, the
Financial Times reported that the US
is using these negotiations "to push for a fundamental change in the way
business regulations are drafted in the EU to allow business groups
greater input earlier in the process". At first, De Gucht said
that this was "impossible". Then he said he is "ready to work in that
direction". So much for no give and take."
Pia Eberhardt of Corporate Europe Observatory pointed out this threat of
an early corporate say to the Lords Select Committee on TTIP in March
2014. One Lord made the absurd question: because corporations are
comprised of a broad spectrum of society why shouldn't their say be
representative of broader society?! (as if a harmless proxy for democratic
say??!) - I hope he was purely playing devil's advocate). Pia Eberhardt
also wrote a good article
for WDM's website here, in which she points out "Chevron is
an official advisor to the U.S. trade representative..." -
that's a company trying to avoid paying fines for polluting rainforests,
and instead suing back. Chevron cannot be trusted with influence on EU
climate legislation.
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EU's
Precautionary Principle under threat
4.3
FTA's partnering with the EU such as TTIP and CETA threaten to remove the
precautionary principle - which EU
currently follows. The pp is vital to protect our environment and
health from the damaging effects of unregulated industry such as
pollution, and requires evidence that, for example, a chemical will be
harmless before it can be traded/used, instead of requiring proof of
harmfulness before its use can be stopped. "The Precautionary Principle
(PP) states, basically, that, where the stakes are high, a lack of full
knowledge or of reliable models – a lack of certainty – should not be a
barrier to legitimate precautionary action. We shouldn't, in other words,
need certainty, in order to justify protective action." - Rupert Read in 'Tyranny
of evidence' [Lack of known evidence for an effect can be due to the
effect not having been tested for, not that the effect does not
exist]. Here
is an example of the pp applied to chemicals on apples in the EU, but
not in theUSA. The prophylactic use of neonicotinoid insecticides
(which harm bees, soil and aquatic life etc) flouted the pp principle, a
principle that the UK government appears to have forgotten. Although the
EU is ostensibly and/or actually trying to ensure the pp is included, it
is unclear at present whether it may be "traded away" in response to
pressure from the U.S. - who represent big business interests. We
must ensure that the trade deal is not signed if the pp has been removed
or diluted.
The
US BCTT (Business Coalition for Transatlantic Trade) wants "Science-based
decision making and not the precautionary principle" (echoed by US
trade officials), but by "science" it will mean corporate-funded
"science", which has little credibility to an independent scientist like
me, as it will involve cherry-picking of what is tested and cherry-picking
of what results are published, and ignores the following: The
precautionary principle is not an alternative to science, but fits into
science, as it recognizes that "absence of [known] evidence" can simply
mean that a possible effect has not been adequately tested.
Chemical
Industry using TTIP ‘to attack the precautionary principle’
Chemical Watch, August 2014.
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5.
Further deregulation of financial
services
For
many transnational corporations it is the deregulation or levelling down
("harmonization" / "regulatory co-operation") of EU regulations to those
of the US that they are pushing for. However with respect to financial
services it is the City of London that has lower regulatory standards than
the US and there is a push for levelling down to UK standards, such as
reversing US regulatory reforms especially the US Dodd-Frank Act, and also
removing EU's limits on food commodity speculation which WDM have been
campaigning for. Also WDM and EU's desire for a "Robin Hood tax" on
financial transactions (aka Tobin Tax) could well be scuppered.
Around
50% of UK Tory party's campaign money comes from City Interests so it's
little wonder that Osborne and Cameron are keen on this opportunity to
push for City interests and against EU and US regulatory drives on
financial services.
Linda
Kaucher, who has many years experience on trade issues: “TheCityUK
is the lobby mechanism for financial services corporations based in
London. Its boards are representative of the biggest banks and insurance
companies.” TheCityUK describes itself as: “TheCityUK represents the UK-based financial and
related professional services industry. We lobby on its behalf,
producing evidence of its importance to the wider national economy. At
home in the UK, in the EU and internationally, we seek to influence
policy to drive competitiveness, creating jobs and lasting economic
growth. ” http://www.thecityuk.com/about-us/who-we-are/
LOTIS
stands for ‘Liberalisation of Trade in Services’ “The
LOTIS
Committee, comprising experienced financial and professional services
executives, is striving to remove barriers to trade. Highly influential,
the Committee is recognised as the only body to represent the whole of
the UK-based financial and related professional services sectors in the
international trade field, and regularly submits its views to the UK
Government and the European Commission.
The Committee includes Government Observers drawn from the main
UK Government departments concerned (the Department for Business, the
Foreign & Commonwealth Office, UK Trade & Investment, the
Financial Services Authority and the Ministry of Justice). The Committee
meets approximately quarterly.” – quoted from http://www.thecityuk.com/events/latest-events/detail/lotis-committee-meeting-7
INTA
is the International Trade committee of the European
Parliament. Robert Sturdy MEP is International
Trade Co-ordinator for The European Conservatives and was/?is
Vice-Chairman of INTA.
Having a level playing field is one of
the main principles in the promotion of the "Free Trade" ideology.
However, there is an ironic contradiction that the multinational
corporations who push for Free Trade (and investment) Agreements are also
pushing for and exploiting features that tip the playing field very much
in their favour. A major feature here is tax
dodging and the use of tax havens (aka secret jurisdictions),
which is much easier for the "big guys". FTAs cannot be true free
trade (without “market failure”) unless there is a level playing field -
which there is most definitely NOT at
present:
FTA’s give multinationals a huge competitive advantage over
intra-national companies - as they can hugely decrease their
corporate tax on profits by using tax avoidance methods such as via
transfer-pricing that intra-national companies cannot access - those that
use subsidiary companies in tax havens (e.g. British Virgin Islands,
Cayman Islands, Bermuda etc.), often via conduit companies in eg
Netherlands. This allows them to unfairly take over National and local
companies. We all lose out due to a hugely reduced tax revenue - except
for wealthy people eg shareholders, managers, ....
i.e. a huge transfer of $$$£££ from 99% to 1%. There are many
examples (see box below), including Kraft's take-over of Cadbury’s. This
is a huge subect in itself and is tackled well by e.g. Richard Murphy,
Nicholas Shaxson and others, and groups such as the Tax Justice Network.
Info
from Tax avoidance re multinats -
Michael Robinson BBCR4 c. 5pm to c. 5:35pm Sunday 28apr13):
Multinationals pay c.5% corporate tax as cf national
companies pay c.25% (& decreasing in UK) - as they can use legal tax
avoidance loopholes that Nationals can't access. This competitive
advantage allows multinationals to buy up national companies resulting
in UK losing tax revenue.
e.g. Craft Foods (which took over Cadbury's), Pepsico which took over
Walkers crisps, & many others.
Will TTIP level this aspect of the playing field for fair competition?
Unlikely - because corporate-backed pressure for removal of so-called
"barriers to trade" and financial regulatory harmonisation is more likely
to lead towards neutralization of US financial regulatory laws such as the
Dodd-Franks that try to tackle the above problems. Thus the reality of
FTAs is that they incorporate a drive to tip rather than level the playing
field.
Furthermore - even if a "level playing field" as regards tax etc was
attained, unfettered open competition in free market systems has an
inherent pressure to favour the richest and most powerful over the poorest
and least powerful (e.g. big multinational corporations over small
intra-national companies, "small farmers", community farmers, small
businesses, the global south).
And in any case: with regards competition, the highly respected economist Paul
Krugman writes that: 'Competitiveness:
A Dangerous Obsession' (Paul Krugman in March/April 1994 Foreign
Affairs).
Other references re financial deregulation.
'The
City, the banks and the EU – all in it together' - Tom Lines,
16jann14 - New Internationalist. Re the IRSG etc.
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6. Human
Rights and "Native Rights: Free
prior
and informed consent (FPIC) and indigenous rights have come under attack
during negotiations and in implementation of several free trade
agreements. To multinationals, indigenous rights are trade barriers and
need to be struck down at the international level." -
Copied and pasted from ref below titled 'TTP is NAFTA on steroids'.
NB: Jump here to section of this
web-page on the impact of FTAs on
human rights. Columbia provides an example.
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7. FOOD
and AGRICULTURE:
(the
impact of "Free Trade & investment Agreements" (FTAs/BITs)
such as TTIP)
"TTIP
will promote the industrial model of food and farming, further
threatening the survival of small family farms, local food
initiatives, standards for healthy and safe food, animal welfare, the
environment, and public health" -
'TTIP
A recipe for disaster'
- Corporate Europe
Observatory.
FTA's are anti-localism (such as the localism of 'food
sovereignty' explained below), anti-democracy, and thus
anti-food-democracy. They are pro-globalization, pro-enabling the
shifting of production to the country with the lowest wages, lowest
workers' rights, poorest health and safety (and shifting consumption to
the countries who are most wealthy and can thus pay the highest prices)
[food and profits to satisfy greed more than need]. They are a big
enabling factor for accelerating the "global race" (Cameron's oft-repeated expression) for
"us" (of "The West") to compete in grabbing what remains of depleting
world resources for maximizing profit and increasing UK/EU's economic
growth [i.e. a global race to the bottom!].
Focusing these factors onto food production and agriculture, we find that
FTA's favour land-grabs and huge agribusinesses (e.g. Monsanto) and their
intensive high-carbon emissions, high fertilizer/pesticide/herbicide use,
high pollution, GM monoculture type systems designed to feed wealthier
people and fuel their vehicles, rather than smaller-scale more resilient
sustainable farming models more fitting to the future we now face with
increasing climate change and threatened resources, losses in
biodiversity, and a need to feed poorer people in poorer countries such as
in "the global South" such as in Africa.
Also, globalization of agriculture and food production which FTAs increase
such as via global free markets, will increase the undesirable consequence
of food going to who pays the most not to who needs food the most, which
may mean food is diverted from feeding hungry locals in the global South
to be transported to wasteful people in the West or to their livestock or
vehicles (as biofuels). Also, surplus subsidized food produced in
"Western" countries can be dumped on poorer countries at a lower price, so
distorting local markets and wrecking small poor farmers' ability to sell
their food surplus in local markets.
You may be wondering: TTIP is an FTA between EU and the US - not between
us and the poor countries of the global south, so you may think the above
impacts will be confined to those FTAs/BITs with the latter countries.
There are a number of reasons why the TTIP will have consequential impacts
on other countries. Firstly the TTIP is the biggest global FTA in economic
terms, and also will be regarded as a "gold standard" for future FTAs and
WTO global trade and investment agreements - which will affect other
countries. Secondly - with the increasing globalization of markets, the
TTIP and its counterparts such as the trans-Pacific TPP - will encompass
most of the world thus impacting on the remaining countries. [There is a
reference for these external consequences which I will add when/if I
re-find it.] The New Internationalist agrees: "Post-ratification
[of the TTIP and TPP], it will be near impossible for countries in the
Global South to insist on a different, more sustainable development model
without losing trade from the US, EU and others."
US
Department Of Agriculture TAFTA/TTIP Study: Small Gains For US, Losses
For EU - Glyn Moody in Techdirt, 4jan16.
Find out what concerned NGOs
think:
- and try googling farming TTIP
GM: 'EU
under pressure to allow GM food imports from US and Canada' "Large
businesses lobbying intensely to undermine safety regime in new trade
deal, campaigners warn" Fiona Harvey, 5sep14, Guardian.'
FOOD SAFETY: 'TTIP
will sacrifice food safety for faster trade, warn NGOs'
EurActiv, 28-29aug14.
Report by the Center for Food Safety:
'Trade
matters: TTIP: Impacts on food and farming' - report pdf may 2014.
PESTICIDES: 'LOWEST
COMMON DENOMINATOR - How the proposed EU-US trade deal
threatens to lower standards of protection from toxic pesticides' (pdf) -
January 2015 report by CIEL - Center for
International Environmental Law. Worth reading at least the
Executive Summary, which criticizes the joint proposals by the
pesticide/agribiz lobbyist groups Croplife America and European Crop
Protection Association (ECPA) for the 'regulatory co-operation' in TTIP to
level down standards so threatening safety for us, our environment and
wildlife. And here's an article on it: 'Report:
transatlantic trade agreement could increase toxic pesticide use'
Elizabeth Grossman, 7jan14, Guardian Sustainable Business.
GJN Global Justice Now (formerly named WDM: World Development Movement but
re-named in 2015 due to the change in meaning of the word 'development'
from what it used to mean when the WDM first formed). FTAs favour a
large-scale profit-driven agricultural model which is very opposite in
direction of travel to the small-scale local-food-driven model that the
GJN favour, so it's hardly surprising that GJN are strongly against FTAs
such as TTIP [WDM
website section on trade]. A WDM infographic states: "Small-scale
producers feed 70% of the world. But only use 30% of the arable land, 20%
of the fossil fuels, 30% of the water, of all agriculture" [stats from
WDM's 'Carving up a continent' big pdf report via this
web-page]. NB: Do also read this excellent section on the WDM
website: 'Stop the
corporate takeover of Africa's food' which presents an added horror
working in tandem with FTAs. The TTIP negotiations were launched at the G8
summit in 2013 in the ironically beautiful tourism and farming area of
County Fermanagh, Northern Ireland (which now has its main assets under
threat from irreversible destruction by the short-term greed of fracking)
- all these threats being promoted by PM David Cameron (you can now find
out the darker side to Cameron's enthusiasm for foreign aid - it's to be
diverted to big agribusinesses and their shareholders' dividends).
FoEE: briefing on food and the TTIP: scroll down this
WDM web-page to get to it. FoEE's short YouTube video (<2mins): 'The
Secret Deal that Threatens the Food on Your Plate' - via tweet by Friends
of the Earth @foeeurope.
pdf: 'How
fair and sustainable food and farming could be permanently damaged by a
transatlantic trade deal' - briefing October 2013.
'The
impact of TTIP on farmers, consumers and food safety rules'
factsheet pdf - foe_ttip_factsheets_food_v2_web.pdf
IATP - Institute for Agriculture and Trade Policy: '10
reasons TTIP is bad for good food and farming' Shefali Sharma,
16may14. Headings in the article:
1. The U.S. meat industry wants the EU to begin treating its meat
with chemicals to eliminate harmful bacteria: chlorine for poultry, other
organic acids for meats such as pork.
2. The U.S. meat industry wants the EU to remove the ban on the use of
antibiotics as growth promoters.
3. The U.S. meat industry wants the EU to remove its ban on ractopamine—a
failed asthma drug that serves as a growth promoting hormone in animals
(banned in 160 countries).
4. The U.S. grain industry would like to see faster approvals of new
genetically modified (GM) seed varieties used for feed in the EU.
5. U.S. meat and grain industries want the EU to remove restrictions on
animal byproducts in feed and pet food.
6. EU is considering restrictions on meat and dairy products from
offspring of cloned animals; the U.S. meat and dairy industries want no
such restrictions.
7. The U.S. meat and dairy industries want to weaken provisions for animal
welfare in the EU.
8. The U.S. meat industry wants to remove European duties on artificially
cheap pork products, frozen poultry parts and dairy.
9. U.S. agribusiness would like to use TTIP to undermine the EU’s
“precautionary principle,” which reinforces stronger food safety
standards.
10. Agribusiness and some members of Congress are pushing for enforcement
of food safety rules in TTIP that go beyond WTO rules.
IATP YouTube: 'Karen
Hansen-Kuhn - My Big Concern for food & farming from an EU-US trade
deal'.
The European Milk Board amongst others are worried that the US use of
hormones re milk production could spread to the EU.
Food labelling: TTIP a threat to consumer information and food safety. The
precautionary principle should not be undermined. Chlorine-washed poultry,
allowed in the US, should be kept out of the EU.
Center for Food Safety (Washington DC) is very concerned
at a continuation and spreading of the downward spiral of food safety
standards and public health as seen in the US - and spreading to the EU,
such as US methods of hormone-injected cattle, chlorine-washed poultry, use of
non-therapeutic antibiotics, lowering of animal husbandry standards, GM
crops etc, (and some negative aspects of EU farming going to the US too).
And this is what the
US Agriculture Secretary wants (speaking for US corporations):
(it is what we don't
want): U.S.
says science should settle farm debates in trade deal with EU Philip
Blenkinsop - Agricultural Commodities, Reuters. To force GM etc on the EU.
But US "science" is corporate science, not independent science, and
excludes our democratic say.
CEO - Corporate Europe Observatory explains that TTIP has
had huge input from big agribusinesses pushing for lowering of standards -
a threat to both food quality/safety and the environment [and
biodiversity]. 8jul14 'TTIP:
A lose-lose deal for food and farming' -
The Campaign for Real Farming, in 'Latest
on the proposed EU-US Trade Deal (TTIP) & the Agribusiness Lobby' refers to CEO's piece above.
In the U.S.: Whistleblowing and
freedom of speech about mistreatment of livestock in U.S. factory farming
is being gagged by state legislation ("ag-gag" laws) to hide the truth
from the public (it could reduce profits!). This doesn't inspire our
confidence in the regulatory system in US agriculture: it seems to be
regulating freedom of speech and disclosure of evidence rather than
farming practice, and shows how big biz controls legislation not public
democracy. [REF].
Food first: crops for food, not vehicles
and carbon emissions: The UN has now changed to advising against
farming for biofuels, now the UN has accepted that the latter
reduces farming for food (which must come first), and results in
"knock-on" ILUC
effects, such as loss of rainforest and an overall increase in carbon
emissions. [ILUC means Indirect Land Use Change. It is usually applied to
biofuels and carbon emissions, in which diverting a given area's crop from
food to biofuel production often has the knock-on effect of increasing the
demand for a carbon sequestration area such as rainforest to be converted
to food production and hence adding to net overall carbon emissions from
biofuel production]. But FTAs give big business more power over land use
decisions - and their main priority is profits to feed share-holders,
which will favour land-grabs for producing biofuels instead of food if
biofuels give higher profits (especially if the EU provides higher
incentives for biofuels as it is now). This profit motive will ignore
local food needs and ILUC effects on carbon emissions.
Organic farming organisations
(e.g. UK's Soil
Association and USA's Rodale Institute) recognize that organic
farming is good for the climate in sequestering carbon within the soil
where it serves a useful purpose, unlike industrial farming (favoured by
FTAs and agribusiness) using NPK fertilizers, pesticides, GM crops (example),
diesel, which is a big contributor to climate change. (Barbra
Striesand provides a good intro here). The Rodale Institute: 'How
Organic Farming Can Reverse Climate Change' is worth reading (in
EcoWatch, 22apr14). The Organic Consumers Association (USA-based) has set
up a campaign - the
FAIR WORLD PROJECT
which advocates for authentic 'fair trade' "For a Better World". Here they
write on FTAs: http://fairworldproject.org/overview/free-trade-agreements/
and in this 6 minute YouTube video they compare "Free" 'Trade
Vs. Fair Trade'.
GM crops and food: GeneWatch UK: www.genewatch.org is concerned that
the TTIP and ISDS will be a vehicle for forcing GM crops and food on
us. Genewatch
resources re TTIP (press releases & external links). 'The
UK Government and the GM industry: colluding to promote GM crops and
foods, undermine consumer choice and ignore environmental harm' pdf
May 2014 with disturbing info released by FoI requests. Section on TTIP
(p.5): I quote "The GM industry in the USA sees the TTIP negotiations as a
major opportunity to weaken GM regulations and increase exports of GM
crops and foods to the European Union (EU). In addition, a
controversial proposed Investor-State Dispute Resolution mechanism could
allow the GM industry to take European governments to court if they seek
to block imports or cultivation of GM." Ref: (EurActiv) 'American
agriculture: Go Europe' 21oct13, from which I quote: TTIP "could be
the ultimate way to solve the US-Europe GMO dispute, writes Andreas
Geiger" of a leading EU lobbying law firm, "The TTIP offers the perfect
vehicle to overcome the overwhelming opposition to GMOs in the EU. ...",
"the trade talks themselves provide the ultimate opportunity to enable the
authorization and cultivation of GM crops in Europe". Also, Corporate
Europe Observatory: 'An
open door for GMOs – take action on the EU-US Free Trade Agreement'
(22may13).
Global Trade Watch tweet:
refers to:
arc 2020 - Agricultural and Rural Convention - "A platform of
organisations working together for good food, good farming and better
rural policies in the EU" write: 'TTIP
setting course for food production carve-ups' Peter Crosskey 6jun14.
La Via Campesina - International
Peasant's Movement: Their website viacampesina.org
has a section 'Stop Free Trade Agreements!'. This movement and others
supporting it, push for 'food sovereignty' - the scenario
in which local people, local small farmers and small community farmers and
communities, have the overall say in their local agriculture and how their
food is locally produced. Here is an example piece from their website: 'India,
Farmer's, and Trade Unions Protest against the EU India FTA' [sic -
yes there's more than 1 farmer! - in fact: millions whose views are being
pushed aside by the "big boys" of corporations and government officials
following a different self-serving ideology and the flow of big money]. 'Smaller
farms, better food' Dan Iles of WDM, 24apr14. This paragraph on
peasant farmers links us well to small farmers and agro-ecological farming
us well to:
Nafeez Ahmed (author of book on how to save civilization
from crisis) aptly writes on
18mar14 in The Guardian (in follow-up to writing on the NASA-backed
Sesync project): "we must shift away from resource-intensive forms
of traditional corporate-dominated agriculture. In some cases,
given that at least 70% of global food production comes from small-farmers,
we will find that shifting to agro-ecological
farming could dramatically increase sustainability
and yields. Communal organic
farming offers immense potential not only for employment, but
also for households to become local owners and producers in the existing
food supply chain, particularly in poorer countries - and an increasing
shift to agro-ecology could meet the challenges faced by the existing
global food system. This verdict is not being promoted by organic zealots,
but by the world's
leading food scientists convened by the UN
Commission on Trade & Development (UNCTAD) and the International
Assessment of Agricultural Knowledge, Science and Technology for
Development (IAASTD)." [< my embolding of key words]. My summary:
The TTIP (& other FTAs] not only heads us in the opposite direction
than this, but also tries to lock us into the wrong direction.
Farming should be first for sustainable food production, not for profits
and feeding cars and lorries.
Ecological farming is sustainable, and also good for
biodiversity. Kumi Naidoo of Greenpeace, exhorts that we move away from
industrial farming with pesticides (that are harming bees - so essential
for pollinating many crops), and GM crops:
'The
food system we choose affects biodiversity: do we want monocultures?'
22may14 (International Day of Biological Diversity) in Guardian
Sustainable Business Guardian Professional.
But FTAs favour industrialized farming. Furthermore at the same G8
summit in Fermanagh where PM Cameron helped start the TTIP negotiations
he also helped start the corporate take-over of Africa's agriculture by
linking UK aid money to industrial farming. Again, multinationals such
as Monsanto and their shareholders will be the main beneficiaries. [see
WDM's website www.wdm.org.uk].
Example of an FTA having a damaging effect on small farmers and
peasant farmers:
‘Colombian
protests
show cracks in disastrous economic model’
- War on Want - via Brian Woodward of SL-WDM.
In association with recent FTAs with USA then EU, the Columbian government
is trying to force on its peasant farmers regulations which favour huge
agri-businesses such as Monsanto, which is understandably causing unrest.
Also read Zak Goldsmith MP's words in
Hansard, in
which he predicts the threat of negative impacts of TTIP on food, and
uses evidence from NAFTA: contribution
by Zac Goldsmith MP in Hansard.
Other refs:
Sustainable Food Trust - 'We're
at TTIPing point' - by Tessa Tricks, 18jul14, 'TTIP's
creeping up the public agenda' 4nov14.
Fanny Malinen 'TTIP
puts profit before people is that the food future we want'
July 2015 in Contributoria - people supporting journalism.
She here gives an overview of impact of TTIP on food and world
farming, e.g. the global agribiz oligopoly, the likely lowering
of food standards from 'regulatory harmonization', a link to her
article on the ATM - Alternative Trade Mandate and food
sovereignty.
FARM EUROPE 'TTIP:
what is at stake for EU agriculture' - FarmEurope,
9jun15. This looks at EU's agricultural sectors from the point
of view of which sectors are likely to gain or lose out in being
exposed to the increased competition with US agriculture that
TTIP will bring. Farm Europe is a "thinktank" on "rural
economies". It's article is thus rather blinkered on economic
gains/losses to farmers rather than prioritizing on what type of
food and farming is of long-term sustainable benefit to all of
us. But it's useful within its limits.
7.b FTA's are anti-localism
'Trade
vs. local economies Procurement on the table' Karen Hansen Kuhn
13nov14 Institute for Agriculture and Trade Policy.
You
may want to scroll down to the section on chemicals, as these include agrochemicals
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8. IPR
(Intellectual Property Rights), patents and copyright, - a
problematical part of FTAs which I have yet to fully investigate.
Multinationals push for de-regulation in many aspects of FTAs and BITs to
give them increased freedom to do what they like, but with IPR's (and
internet freedom) - it's just the opposite - to increase regulations to
protect their interests (i.e. the opposite of "free trade"). Unfortunately
this can extend beyond what is reasonable: they can try to extend their
property rights to natural products, monopolize markets, and try to make
it more expensive for individual people and small businesses to sell or
buy products, which can be a threat for example to poor people in poor
countries:
Access to affordable medicines is threatened: Dean Baker
(of Center of Economic and Policy Research in Washington) writes: "The
deal is likely to have even more consequences for the cost and
availability of prescription drugs. The United States pays roughly twice
as much for its drugs as Europeans. This is due to the unchecked patent
monopolies granted to our drug companies. A major goal of the
pharmaceutical industry is to be able to get similar rules imposed in the
EU so that they can charge higher prices. [...]"
Ref:
'TTIP:
It's Not About Trade' (13feb14).
Brian Woodward of South Lakeland WDM writes (in SL-WDM-letter-TTIP-CETA-ISDS.pdf):
"The HLWG [EU-US commissioned High Level Working Group on Jobs and
Growth] recommends a strong drive to reduce regulations; however, when
it comes to patent law a case is put forward to extend intellectual
property rights. This will have serious cost implications in the EU and
in poorer developing countries. A particular concern is that, when it
comes to the supply of safe pharmaceuticals, maximising shareholder
profit will come before public health. The development of cheap safe
generic drugs is opposed by large pharmaceutical companies and the
TTIP/CETA proposals will allow them to extend patent rights so as to
maximise profit. This aggressive behaviour has already been seen with
existing bilateral trade agreements. For example Canada has been under
severe pressure from the US to relax the preference it gives to the use
of generic drugs. It is also under pressure to allow “Supplementary
Protection Certificates” to be issued for pharmaceuticals. These extend
the duration of patents for five years yet again putting profit before
public health."
Also read: 2dec13 piece by Scriptonite (see refs below).
And try googling ACTA TTIP ... (ACTA - Anti-Counterfeiting Trade
Agreement: [quote from EC document] "ACTA was negotiated between 37
countries with the aim of reducing international violations of
intellectual property rights (IPR). The EU and 22 of its Member States
signed the agreement, but it was eventually rejected by the European
Parliament in June 2012."). However there is the danger that its worst
aspects could reappear in FTAs such as TTIP and
TPP.
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9. Internet freedom, data security/personal privacy data,
government/corporate surveillance - will ACTA sneak back in by
the back door? I've yet to investigate this possibility. So please read
these links to investigate this for yourself. Ditto the
US "Sopa and PIPA, legislation that, opponents argue, would lead to online
censorship"REF1
and 'Tell
the Senate Don't let a SOPA lobbyist negotiate our trade deals'
(CREDO Action). Read Glyn Moody's articles and tweets @glynmoody
The New Internationalist state: "The TPP’s leaked ‘Intellectual Property’
(IP) chapter revealed that big digital-content companies are pushing for
restrictive controls on the internet, and hefty copyright fines.
Firms want ‘harmonization’ with laxer US privacy laws to get hold of EU
citizens’ personal data, while pharmaceutical companies are trying to
block access to generic drugs." Ref: 10
reasons to be worried about the trojan treaties -- New
Internationalist.
17mar14 'European
Commission prepares to surrender our privacy' ACTA Blog - re
personal privacy data: US wants its free-flow for business use; EC not -
but appears to keep the door worryingly ajar...(?). Glyn Moody tweets: Glyn Moody
@glynmoody 6h European Commission prepares to surrender our privacy - http://acta.ffii.org/?p=2089 a
pessimistic take on #TAFTA/#TTIP
talks.
Access - 'MOBILIZING FOR GLOBAL DIGITAL
FREEDOM' www.accessnow.org
'TTIP:
The Lobby plague is coming' 26 May
2014 | by Estelle Masse, Access
Brussels
Office
'What
would you like to see in an internet Magna Carta?' "Tim
Berners-Lee, author of the web, has called for an online bill of
rights..." 12mar14, The Guardian. - but TTIP is surprisingly not
addressed in the text here.
Visit https://openmedia.org/
- on the potential impact of the TPP (and maybe TTIP?) on internet
censorship and internet privacy. "SOPA back from the grave"?
Dr Michael Geist - 'The
Trans Pacific Partnership IP Chapter Leaks: The Battle Over Internet
Service Provider Liability' 14nov13.
Also try googling ACTA TTIP ...
Net neutrality - will this be affected? I have yet to
investigate (net neutrality means equal speed [etc] for everyone signing
up to a particular ISP's product. Rich customers/clients (bot people and
corporations) of ISPs should not be able to have a faster internet speed
than poorer people/clients. Corporations or wealthy people (e.g. the Koch
brothers, Murdoch, fossil fuel corporations) should not have the power via
ISPs to decrease other people's internet access or speed or other aspect
of use. Thus multinational corporations (for whom FTA's are designed to be
primary beneficiaries), should not be allowed power to remove or distort
internet neutrality. 'Outrage:
FCC Set to Kill Net Neutrality' - WATCHDOG.NET, Spring 2014.
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The NHS and
public services
- the
impact of "Free Trade & investment Agreements" (FTAs/BITs)
such as TTIP
10. Privatization
of public services, such as the NHS: The US-EU FTA (TTIP) will
(unless stopped or replaced) intrinsically add legal pressure for increased
and irreversible privatization of public services (e.g. the NHS)
by opening up such services to "competition" from the private sector
outside the UK. Furthermore it will "lock in" existing privatizations
(resulting from the 2012 Health and Social Care Act & subsequent
modifications) to prevent any future democratic moves to nationalize. Even
if you don't want re-nationalization, of for example rail or water
services, there is a strong principle here being attacked: that of future
democratic choice.
NB: (Sept.2014) Government trade minister Lord Livingston admits that NHS
will be included in the TTIP, and he reckons free-marketization is good
for the NHS:
2sep14 And do read this by Nick Dearden
of WDM: 'Bring
on the defeat of the EU-US free trade deal' "The TTIP is an
aggressive expression of the ‘free market’ ideology that should have been
binned with the financial crash".
8jul14 newsflash: 'UK
anti-TTIP protests to focus on NHS privatisation'
Brief
video re NHS and TTIP secrecy: https://www.youtube.com/watch?v=mcgBUrHAHXo&feature=youtu.be …
EurActiv states: “The proposed TTIP
agreement would … prise open public
procurement markets. “The
Agreement will aim at enhanced mutual access to public procurement markets
at all administrative levels (national, regional, local), and in the
fields of public utilities […] ensuring treatment no less favourable than
that accorded to locally established suppliers,” according to a separate
leaked ‘nature and scope’ document seen by EurActiv. ...”
Ref.link to read the ... on this: 'TTIP
‘challenged’ by environmental critics, EU says' EurActiv,
27feb14.
'This
treaty isn't about 'trade' - it's a fight for public services everywhere'
Ruth Bergen of the UK's Trade Justice Movement, in openDemocracy, 7feb14.
Strapline: "Defeated in Seattle and Doha, US and EU
corporations are once more trying to stitch up the global economy in
the name of 'trade' - with our public services the biggest prize".
An example: NHS privatization. Read this:
'NHS
could be 'carved open' by US healthcare profiteers, warns Shadow Health
Secretary, Andy Burnham' "Campaign groups join call for health
service to be exempted from landmark trade treaty between America and the
EU" Charlie Coper, 27apr14 - Health News - Health & Families - The
Independent.
The openDemocracy OurNHS section has
a number of very useful articles on the effect that TTIP will have on the
NHS, e.g.:
'On
TTIP and the NHS, they are trying to bamboozle us' 14jul14 by John Hilary - Executive Director of War on Want and author of The
Poverty of Capitalism: Economic Meltdown and the Struggle for What
Comes Next (2013).
'Will
Labour defend the NHS from the EU US trade deal?' Linda Kaucher,
openDemocracy, 23apr14. Strapline: "Andy Burnham and John Healey's
statements on the risks to the NHS of the trade deal between the EU and
the US seem at odds. Labour should be speaking clearly for the NHS.".
BMA news 12apr14: 'BMA
raises alarm over free trade agreement' "The BMA is to outline
its concerns about a free trade agreement being negotiated between the EU
and USA. ... The TTIP talks have sparked concerns about IP (investor
protection) and ISDS (investor to state dispute settlement) mechanisms,
which can be used by corporations to attack public services. ... BMA
EU policy manager Paul Laffin said: 'The BMA will be working with
partners to respond to this consultation and close any loopholes in the
TTIP, or any other free trade agreement, that could prioritise corporate
interests over patients' rights.' However the article naively ends saying
assurances have been won, seemingly not realizing how hollow these
assurances are. The threat is intrinsic to TTIP, as the following
reference helps to explain:
NB: 'EU-US Trade and
Investment treaty [TTIP] needs to be got rid of altogether –
NHS exemption isn’t possible' - Jenny Shepherd explains
why, in Upper Calder Valley Plain Speaker, 17may14.
NB: Re TTIP agreement:
At 15-19th June RCN Congress 2014 a resolution was
passed with a 97% majority: 'That this meeting of RCN
Congress urges Council to lobby against the inclusion of health services
in the Transatlantic Trade and Investment Partnership (TTIP)'. Result: The
resolution was passed. For: 97.16% (461), Against: 2.84% (13), Abstain:
(14). Thankyou Laura Courty for the
link for that, which also provides a summary debate report with
references. RCN - Royal College of Nursing.
Nick
Clegg's view on the impact of TTIP on the NHS
(in a twitter Q&A session on 13may14)

Obviously the Q is
sensibly referring to the ratcheting up of increasing and
irreversible privatization of the NHS which the TTIP will
intrinsically and legally lock in place.
My analysis of Clegg's answer: see right-hand column.
|
But Clegg's answer,
specifically to the NHS impact, is only 3 words long, and is
untrue - as I've shown above (also it is likely that Clegg knows
that his words are untrue, because he has worked in the EU system
and thus should understand it; the untruth is probably part of his
attempts to paint a rosier-than-reality picture of the EU). He
immediately diverts from that awkward subject with speculative
jobs propaganda, ignoring the
NAFTA evidence, and even admissions of job losses by
EC-commissioned projections. He then falsely misrepresents
opponents to the TTIP as being "isolationists" (i.e. UKIPers) -
this is insulting green-minded opponents, as the main opponents of
the TTIP and supporters of the NHS couldn't be more different than
the UKIPers and would rightly detest being tarred with the same
oily brush. The Green Party argument against TTIP is totally
ignored as if non-existant. Then Clegg caps it off with a
"strawman" argument - so typical a ploy of politicians who don't
want to address the real arguments of their opposition as they
know they'll lose. Incredible how skilled he is at quickly packing
so many of the worst aspects of a politicians answer into 140
characters (even including obfuscation - which often requires
extra word-padding).
In pre-election 2010 I had some hopes for Clegg and voted LibDem,
as I've usually done (we have a mostly-good LibDem MP in Tim
Farron). My opinion of Clegg has declined ever since and now
plummets. He has become so used to trading away truth to maintain
his small bit of power.
|
'The
NHS is being taken over by Wall Street. And Cameron won’t stop it' -
Len McCluskey 17jul14 Comment is free The Guardian.htm
NB:
More recent articles on TTIP and
NHS privatisation are on the STOP
TTIP South Lakes website: www.bit.ly/STOP-TTIP-South-Lakes
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11. Employment rights / workers rights and JOBS:
Here quoting from Clare Speak's 10mar14 piece (link in Reference LINKS
section below)
'John Hilary, Executive Director of the anti-poverty charity War on Want,
said that the treaty could actually lead to a “massive loss of
jobs.”' And:'ETUC
position on the Transatlantic Trade and Investment Partnership'
ETUC, 29apr13 (European Trade Union Confederation).
The European Commission admit that TTIP is likely to result in job losses,
and the constultancy they commissioned agree with that. Furthermore,
Jeronim Capaldi's economic study on the likely impact of TTIP predicts big
job losses in the EU.
The now 20 year old NAFTA
resulted in job-losses from USA and other ills:
WDM state: "A similar agreement [to
TTIP] between the USA and Mexico [i.e. NAFTA] led to a net loss of 1
million jobs and declining wages in both countries."
'NAFTA
at 20 One Million U.S. Jobs Lost,
Higher Income Inequality' Lori Wallach, 6jan14 HuffPost.
CTC Citizens Trade Campaign's overview of NAFTA “U.S. workers have lost 3 million actual
and potential jobs; ” – but no evidence source given
Brian Woodward told me in April 2014
that “The free trade zones in Mexico and Central America have undermined
jobs in the US because they allow companies to exploit cheap labour in the
"maquilas" which are zones where normal regulations relating to workers
right are not upheld. There is a chapter in a new book which is now on
line which shows how they operate in Central America http://theviolenceofdevelopment.com/chapter-7-free-trade-treaties-and-the-failure-to-industrialise/#7.24”
Wikipedia
on NAFTA North American Free Trade Agreement and effect on US
jobs: "the
AFL-CIO blames the agreement [NAFTA] for sending 700,000 American
manufacturing jobs to Mexico over that time."
This links to an FT article: 'Contentious
NAFTA pact continues to generate a sparky debate' James Politi, 2dec13
Despite all the above NAFTA evidence and predictions, UK Dept BIS,
LibDem and Tory MPs predict job increases from TTIP - yet can't back up
their hollow claims. Repetition of such claims they deem sufficient, maybe
from ideological "beliefs", as if evidence is not needed.
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12. CHEMICALS
(the impact of "Free Trade
& investment Agreements" (FTAs/BITs) such as TTIP)
We need better regulation of chemicals,
especially of course of toxic chemicals, to protect both human health and
our environment, and certainly not a leveling down to the very weak
protection in the US. However the chemical industry, and US trade
negotiators acting on their behalf, appear to be successfully using the
EU-US trade negotiations (TTIP) as a vehicle to progress their decade-long
push for the EU to shift emphasis to assessing the impact of regulations on
free trade and costs (or profit-loss) to industry as being
paramount over impacts of chemicals on our health and environment.
This would (as they intend) result in a new US-EU regulatory
system allowing increasing industry influence over their own
regulation, which would add scope to delay, dilute or block
implementation of any new regulations to protect us. And even the
EU’s long established ‘precautionary
principle’ could be at risk, a principle enshrined in the
treaties between EU member states and underpinning EU chemicals
regulations [scroll up for section focusing on the pp].
That's my summary of what I've read. Do read the experts for your
own assessment:
'Leaked
TTIP Documents Expose Chemical Industry’s Toxic Agenda' John Deike,
10mar14, EcoWatch.
17mar14: Glyn Moody tweets: Glyn Moody
@glynmoody "critique of the ACC-CEFIC proposal for trans-Atlantic
cooperation on chemicals" - http://ciel.org/Publications/ToxicPartnership_Mar2014.pdf …
brilliant analysis - do read #TTIP
'Toxic
Partnership: A critique of the ACC-CEFIC proposal for trans-Atlantic
co-operation on chemicals' report by CIEL - Center for
International Environmental Law & Client Earth - March 2014 (pdf). I
quote: "This paper provides a critical analysis of, and response
to, the trans-Atlantic chemical industry’s proposals for regulatory cooperation under TTIP. It
demonstrates that, rather than improving the regulation
of chemicals, their suggestions are likely to:
1. Freeze progress in regulating toxic chemicals;
2. Create an industry bypass around democracy;
3. Give commercial interests and trade precedence over the
protection of human health and the environment;
4. Stifle innovation in safer chemicals; and
5. Impede global action on toxic chemicals."
And more such strong wording! Well worth reading at least the
executive summary.
I also strongly recommend you read this brief summary of the threat of the
TTIP on adequate regulation of chemicals:
'TTIP
means trading away better regulation' 9apr14 EurActiv by Baskut Tuncak - the Chemicals Program
Attorney for the Center for International Environmental Law (CIEL). He
concludes: "Indeed, TTIP is
primarily about regulation. But, let’s be clear, TTIP is not about better
regulation."
Endocrine disruptors are one
category of chemicals of many that we need to get adequate protection
from, yet TTIP threatens that. 'Endocrine
disruptors: Harmful or not?' 12dec13 EurActiv. Will the EU's
Precautionary Principle survive industry and US pressures? Do read this
1sep14 update:
'EU
legislative work on hormone-affecting chemicals could be undermined by
TTIP' - EurActiv, 1sep14. The corporate-led US position is that EU's
precautionary principle should be replaced by a 'scientific' method, but
what they mean is corporate-"science" (cherry-picked semi-secret and
censored experimental work by scientists working for bigbiz, not the more
independent science done by university academics. The precautionary
principle fits in with academic science.).
Monsanto's glyphosate found in increasing levels in "Roundup-Ready" GM
crops, and in livestock and humans. E.g. '‘Extreme
Levels’ of Monsanto’s Roundup Herbicide Found in Soy Plants' 18apr14
EcoWatch.
Chemical
Industry using TTIP ‘to attack the precautionary principle’ Chemical
Watch, August 2014.
REACH - Google REACH for more information.
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13. Education: 'TTIP
'threatens' European education quality, teachers say' 17mar14
EurActiv.
For University and College Union briefing on why education is at risk from
the TTIP: scroll down on this
WDM page.
14. Climate change, fracking, tar sands -
FTAs such as TTIP and CETA are a huge threat to our ability to tackle
climate change as they increase the power of the big fossil fuel and
high-energy-use companies - especially the multi-nationals - to increase
and "lock-in" their obstruction of climate legislation and global climate
agreements. Furthermore, TTIP and CETA threaten to increase the expansion
of destructive, polluting and high-emissions unconventional methods of oil
and gas extraction such as from tar sands and by fracking etc. I have
written a more detailed section on this: click
here to jump to it.
15. to 19. FTA's
are a can of worms, and there are numerous other threats from FTAs
such as TTIP that I have yet to investigate. For example: Public
Citizen (US) here
list numerous threats from TTIP (they prefer to call it TAFTA) in
their corporate wish-list.
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20.
FTA's are built on the false myth-based
ideological "economics" of neoliberalism and
quasi-market-fundamentalism, which although still very much the
current mainstream orthodox economics used by City economists (and
by politicians in power) is nonetheless being increasingly discredited
by both academic and student economists (my
web-page on ECONOMICS for background & examples). Such
neoliberal economics rules hold sway in power now because it is favoured
by big business or corporate interests - as it provides an 'academic'
justification (though a flawed one) for a system that makes the rich
richer and the poor poorer, and cultures an acceptance that
environmental losses are an inevitability that has to be accepted in
exchange for the "Western" high (material) standard of living
maintained by consumption, associated with a false need for "economic
growth", measured over-simply by GDP (and still uncoupled from carbon
emissions), and the flawed dogma for "free markets" to be a necessary
vehicle for increasing such growth.
The false need for economic growth is itself driven by the way most
money is created as private debt by banks (which itself is a false
necessity). GDP growth and debt-created money creation form an
inherently unstable and ultimately destructive system that if not
controlled, will continue to destroy our environment and lead to large
areas of the Earth becoming uninhabitable due to climate change.
There are alternative economics and systems that are much more equitable
and environmentally sustainable (read New Economics Foundation and
Positive Money for a start: economics for all of us not just the wealthy
elite, aka "the 1%").
Economics students are rejecting being taught just neoclassical and
neoliberal economics: 'Orthodox economists have failed their own market test'
Seumas Milne 20nov13 "Students
are
demanding alternatives to a free-market dogma with a disastrous
record. That's something we all need". (Even the Bank of England has recently
acknowledged the basic flaw in economics education about how banks fund
loans).
We all most certainly need the alternative economics, and ASAP - to get
us off our present trajectory towards a disastrous 4 to 6 degrees C
increase in global warming, to arrest the fast extinction rate of
species, and the increases in inequality.
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Any
positive benefits in FTAs?
(besides those to multinational corporations, their shareholders, "The
City" etc)
Pia
Eberhardt of Corporate Europe Observatory concludes in her
March 2014 interview by the Lords Select Committee into the TTIP, that
if you remove all the bad aspects of the TTIP you would be left with so
little of benefit, that ideally it would be best to scrap the TTIP
altogether as it now stands.
[It could be replaced with a better trade agreement - that is better for
all of us instead of just big corporations and their shareholders. For
example, along the lines of the Alternative Trade Mandate - see NGOs
section below]
Proponents of FTAs such as the TTIP focus on MONEY
(especially predictions of GDP growth) and then JOBS
(despite impact being bad for jobs), less so (if at all) on the many other
aspects such as those listed above (hardly surprisingly!).
Lord Adair Turner, in his article 'The
Trade Delusion' (18jul14) gives reasons why "potential
global benefits of trade liberalization have declined", implying in his
title and text that the benefits of FTAs to economic growth in GDP have
been hyped up. We know why the "benefits" have been hyped up - as they
are in reality benefits to the big transnational corporations in power
and profits, and to their beneficiaries such as wealthy shareholders,
and to politicians with eyes on revolving doors, vested conflicts of
interest and within-Party tribalism.
£££
benefits to the UK economy?
Beware
- TTIP is being "sold" to us as being good for growth and prosperity,
and even for jobs, despite the EU-commissioned study by big-bank-funded
CEPR (London) admitting TTIP will result in job losses, and its growth
predictions are at best very small. A recent
report from Tufts University is damning against these predicted
"benefits", and WDM's Director Nick Dearden summarizes the Tufts
findings with the "advice":
'For
lower wages, higher inequality and more austerity – vote TTIP'. And War
on Want here refutes Vince Cable's letter to MPs trying to
"reassure" them with "a wilful misrepresentation of the truth" about
TTIP.
And read this LSE blog article:
'The
potential benefits of a US-EU free trade deal for both sides may be much
smaller than we have been led to believe' by
Gabriel
Siles-Brügge and Ferdi
De Ville
And who benefits? Position statements by LibDems and others divide up
£benefits equally per household - as done in the CEPR report for the EU
Commission, as if there will be fair and even distribution! Do they think
we are gullible fools? Shareholders of multinationals may gain in
dividends etc - but that will be wealthy "rentiers" or those with
parasitic income, not people on lower incomes. I doubt if the recipients
will be the sort of people who'd want to share out their non-worked-for
gains to those on low income, in this nation of increasing inequality
associated with a selfish neoliberal ideology.
The
US Center for Economic and Policy
Research (cepr) strongly criticizes the hollow claims that
trade pacts are good for job creation and economic growth: 'Why Is It So Acceptable to Lie to Promote Trade Deals'
(30may14), and comments on the report by the Centre for Economic Policy
Research, London (also CEPR - but no connection).
This
is also worth a read: Glyn Moody
writes: ‘Why
TAFTA
TTIP Isn't Worth It Economically, And How We Can Do Much Better’
(26jun14, Techdirt).
Jobs?
These will more easily go to where-ever/who-ever pays the lowest to its
employees with the least employment protection rights, and can lead to
job-losses.
The now 20 year old NAFTA resulted in job-losses from USA and other ills:
'NAFTA
at 20 One Million U.S. Jobs Lost,
Higher Income Inequality' Lori Wallach, 6jan14 HuffPost.
CTC Citizens Trade Campaign's overview of NAFTA “U.S. workers have lost 3 million
actual and potential jobs; ” – but no evidence source given
German
video: 'The
Fairytale of the Job Miracle' - ARD Monitor TV
Program Das Märchen vom Jobmotor - YouTube.
Click on the English "captions" if like me you can't understand German.
TTIP was debated in Parliament on 25feb14: do read good contribution
by Zac Goldsmith MP in
Hansard, who shows that the now 20 year old North American FTA, on which
subsequent FTAs have been modeled, did not live up to claims, in fact
quite the opposite (NAFTA - the North American FTA between USA, Canada
and Mexico).
The removal of the remaining tariffs
between USA and EU may have benefits to trade, but tariffs now
form but a small part of the TTIP, and benefits are small - because most
US-EU tariffs have been removed or reduced already. The removal of
unnecessary tariffs could be done much better using an alternative model
for trade agreements, which could help small intra-national companies
sell their products e.g. to USA or Canada without undue tariffs, but
without the extra advantages given to the big multi-nationals that FTAs
provide.
Benefits to business: NB: it is multi-national corporations who are said
to have contributed to the text of the TTIP (most likely for their
benefit), not SMEs for theirs, and as I've explained above in the
threats section, the former already have a big unfair corporate tax
advantage over intra-national SMEs and are a threat to the latter (e.g.
unfair competition and take-over threats).
Also see this excellent mythbuster by War on Want and the #NoTTIP
coalition (major unions, WDM etc.): 'TTIP: NO PUBLIC BENEFITS, BUT MAJOR
COSTS' - TTIP
mythbuster, Sept 2014.pdf And this concise
brief press release by War on Want re jobs threat.
Brian Woodward's excellent letter to
represent the views of South Lakeland WDM on TTIP, CETA, ISDS (SL-WDM-letter-TTIP-CETA-ISDS.pdf)
states: "... The HLWG says that TTIP would enhance business opportunities
through substantially improved access to government procurement which is
true. However, according to the CEPR report, 80% of the financial gain
would come from deregulation and liberalising trade in services and public
procurement. This has serious implications for jobs and work conditions in
the UK and in the case of the NHS profit would come before public health.
Most large corporations are already manipulating weak tax legislation and
off-shore accounts to maximise their profits; and privatisation is usually
associated with job losses... . Therefore any financial gain would be
concentrated in the hands of global shareholders to the detriment of the
general population. ..." The HLWG is The High Level Working Group on Jobs
and Growth commissioned by the EU/US, and the CEPR is the Centre for
Economic Policy Research (London, as distinct from the totally
disconnected CEPR in the US - also studying the TTIP). Brian refers to and
links to reports by both the HLWG and the CEPR. I quote from the CEPR
report: "Reducing non-tariff barriers will be a key part of transatlantic
liberalisation. As much as 80% of the total potential gains come from
cutting costs imposed by bureaucracy and regulations, as well as from
liberalising trade in services and public procurement."
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Examples of FTAs (Free
Trade Agreements) and related
bodies. Alternatives
to the FTA model for trade
For more detail download WDM's
briefing pdf on trade agreements
TTIP
- Transatlantic Trade and Investment Partnership -
between USA & EU - now under negotiation. It was started up following the G8 summit
at Lough Erne, Fermanagh, Northern Ireland in June 2003 (this
piece is of PM Cameron's intentions in January 2013). Aka: TAFTA
- Trans-Atlantic Free Trade Agreement.
CETA
- Comprehensive Economic and Trade Agreement - between Canada
and the EU
- negotiation completed in October 2013 but the ISDS
still appears to be under debate (?) and its existence is
rightly being criticized. But
unfortunately CETA is not getting the urgent public and
parliamentary attention it needs (time is running out, and bear
in mind: it could facilitate trade of products from the Alberta
tar sands industry and thus expansion of this ecocidal
mega-project). A web-page I wrote on CETA
in early 2013 which probably needs updating.
NAFTA
- North American Free Trade Agreement (between USA, Canada,
Mexico) - has already in place for 20 years and provides a
"good" example of the down-sides of such FTAs: Its ISDS
mechanism has already enabled attacks on environmental and other
regs (Fracking example). Zak
Goldsmith MP criticized it in parliament. Was signed up to
in December 1993. CTC
Citizens Trade Campaign's overview of NAFTA (CTC advocates
Fair Trade not Free Trade).
'NAFTA
at 20 One Million U.S. Jobs Lost, Higher Income
Inequality' Lori Wallach, Director, Public Citizen's
Global Trade Watch, in THE WORLD POST, 6jan14, updated 8mar14.
TTP - Trans-Pacific
Partnership - now under negotiation between USA and Australia,
Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand,
Peru, Singapore, and Vietnam. Said to be like a "NAFTA on
steroids". EXPOSE
the TPP.
FIPA - between Canada
and China - threatens e.g. indigenous First Nations people's
treaty rights (China is involved in the Alberta tar sands
industry). REF
A BIT is a Bilateral
Investment Treaty - same or similar to a FTA in typically
having a similar Investor-State arbitration mechanism by
tribunal. Designed to protect foreign investors. They've been
advancing corporate power bit by
bit... < couldn't resist that
pun but it's very true in both senses.
EPA
- Economic Partnership Agreement. EPAs are being set up
between the EU and countries in Africa, the
Caribbean and the Pacific. CEO
writes that campaigners are protesting against EPAs.
WTO World Trade
Organisation: The WTO Bali
agreement in December 2013: Nick Dearden of WDM explains how this
relates to FTAs/BITs in his February
2014 article in Red Pepper. He also refers to the WTO
Dispute Settlement Mechanism, and:
TISA - Trade in Services
Agreement: Nick Dearden (WDM) describes this as "an attempt to embed the
deregulation of all ‘services’, including healthcare and education,
through to banking and postal services." ?A next step in a worse
direction from:
John Hilary of WoW explains what trade in services means, terminology
such as MODEs 1 to 4, negative and positive lists, how TiS are tackled
in TiSA, TTIP and CETA, and impact on NHS and public services, here in
this 14 minute YouTube: 'Trade
agreements (TTIP, CETA, TiSA) and public services'
GATS - General Agreement
on Trade in Services. (see TISA above).
. . . . . . . . . . . . . . . . . . . .
ICSID - International
Centre for Settlement of Investment Disputes (World Bank), where ISDS
panels operate. For more info: McDonagh's Democracy Center report &
a 9 minute video (link in next section below).
IRSG - the Council of the
International Regulatory Services Group. Tom Lines in
the New
Internationalist writes about this in 'The
City, the banks and the EU – all in it together' 16jan14.
RCC - the Regulatory Cooperation
Council - is a proposed over-arching US-EU body to
go with the TTIP, with the intention to "oversee the development and
implementation of the vast majority of laws that protect public health,
consumers, workers, the integrity of our banks, and the environment in
both the EU and US" [quote of Baskut Tuncak, the Chemicals Program
Attorney for the Center for International Environmental Law (CIEL) in his
9apr14 EurActiv article, which expresses deep concerns that the RCC
would increase the influence of industry on its own regulation,
and would shift emphasis to the effects of proposed regulation on
free trade and industry rather than on the health and safety of us
and our environment, and thus delay, dilute or block
implementation (well worth reading).
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Some of the many NGO's trying to tackle the bad aspects of FTA's such
as the ISDS mechanism
(also see ref.links for more,
and list of ATM members)
Do
read this 11nov13 letter
(pdf) re TTIP/TAFTA to Obama, Barroso, Van Rompuy which has many
signatories of NGOs etc from both sides of the Atlantic.
Stop
TTIP (EU-wide) - e.g. the 'Self-organised
EUROPEAN CITIZENS' INITIATIVE
(ECI) against TTIP and CETA'
Stop TTIP
uk campaign - Linda Kaucher
- www.StopTTIP.net
- have produced an excellent insightful and easy-read booklet explaining
TTIP and the forces behind it - I hope they put it online. In the
meantime the website also has insightful explanatory information. Linda
Kaucher has studied so-called "trade agreements" for many years going
back to and beyond, from 1999's "Battle of Seattle" against the WTO
global pro-corporate-power globalization push - trying to get all
nations to sign up (since then the process has been even more insidious
- via incremental FTAs and BITs).
Here's one of Linda Kaucher's articles, which shows how pro-bigbiz
de-regulation by both UK Deregulation Bill and EU's equivalent push is
connected with deregulation in TTIP (but by a different name(s)): 'The
EU's giant and secretive deregulation blitz' openDemocracy.
#NoTTIP www.nottip.org.uk
is an alliance of numerous NGOs and other groups wanting the TTIP
stopped, including WDM Global Justice UK, and is open to local
groups/communities allying with it for solidarity. It has produced good
A5 leaflets and a #NoTTIP newspaper which was well written.
Trade
Justice
Movement www.tjm.org.uk
The TJM is a coalition of organisations concerned with trade justice,
promoting trade that is low carbon, and is in the interest of the
many, not the few. London, UK · tjm.org.uk
Ruth Bergan @RuthBergan Coordinator @TradeJusticeMov
I quote from WDM's
briefing pdf on trade agreements: "The Trade Justice Movement is a
coalition of over 60 organisations concerned with trade justice,
including trade unions, aid agencies, environment and human rights
campaigns, Fair Trade organisations, faith and consumer groups.
Together, we call for trade justice - not free trade - with the rules
weighted to benefit poor people and the environment." Do explore their
website - a very useful resource.
CEO - Corporate Europe
Observatory - http://corporateeurope.org/ "Corporate Europe Observatory is a research and campaign group
working to expose and challenge the privileged access and influence
enjoyed by corporations and their lobby groups in EU policy making." - a
quote from WDM again. (Do join WDM!).
Pia Eberhardt of COE was interviewed by UK's Lords Select Committee on
TTIP on 6mar14 (link in Ref. LINKS section). C.O.E.
have produced an excellent report: 'A brave new transatlantic
partnership - The proposed EU-US Transatlantic Trade and Investment
Partnership (TTIP/TAFTA), and its socio-economic & environmental
consequences' which you
can read on the WDM website here. CEO's
web-page on 'International Trade'.
The
Democracy
Center e.g. very
useful pdf report by Thomas McDonagh: ‘Unfair, Unsustainable, and Under the Radar - How Corporations Use Global Investment Rules to
Undermine a Sustainable Future’
<< this link is to web-pages from where you can download the pdf
as well as read a summary and watch videos on the evidence of harm
done by the ISDS carried out in ICSID.
GJN
Global Justice Now (formerly WDM - World Development Movement
- www.wdm.org.uk)
[these links need updating] GJN is concerned with the effect of trade
agreements on social justice and the world's poor (web-page was: www.wdm.org.uk/trade) e.g. as shown in its 2013 campaign briefing
pdf: 'Profiting
from people and planet' on Trade Agreements including e.g.
TTIP, TPP, TISA, written just prior to the 3-6dec13 WTO trade talks
which came to an agreement. They have a hub
web-page on TTIP, and have produced a great briefing
pdf on trade agreements. Also see Susanne Schuster's
'TTIP-TAFTA
The sellout of our democracy'(16dec13). 'Cameron’s
arguments for EU-US trade deal ‘deeply flawed’' (13mar14). They
had a workshop at the No Dash for Gas - Reclaim the Power: 'Reclaim
the Power supports 'No to TTIP' movement' by Mel Strickland.
ATM - Alternative
Trade Mandate - a European alliance of over 50 civil
society organisations (including WDM and COE) http://www.alternativetrademandate.org/
The ATM alliance wants to make EU trade
and investment policy work for people and the planet, not just the profit
interests of a few, and have produced an ATM document (pdf you can
download). CEO writes that the ATM "is a 20-page civil society
proposal to democratise EU trade and investment policy and put
environmental protection as well as human and labour rights at its heart".
ATM on twitter: https://twitter.com/alttrademandate.
2apr14: Launch of the Alternative Trade
Mandate pledge campaign calling on European Parliament election
candidates to make EU trade and investment policy serve people and the
planet, not just the profit of a few large corporations.":
'MEPs
called on to support trade and investment rules that work for people and
the planet' Corporate Europe Observatory 2apr14.
Here Fanny Malinen writes on the ATM: 'Mapping
out trade policy with human values' October 2014 in
Contributoria - people supporting journalism.
FoE Europe and FoE USA
are both trying to tackle FTAs and ISDS. e.g. read this
web-page. Download this excellent pdf factsheet on the ISDS: foee_factsheet_isds_oct13.pdf
‘The TTIP of the anti-democracy iceberg: The risks of including
investor-to-state dispute settlement in transatlantic trade talks’ October
2013.
FoEE 'Trading
away our future' - provides link to pdf report by Friends of the
Earth Europe of the same title, and also other pdf reports on TTIP e.g.
the ISDS and impact on agriculture.
FoE's Craig Bennett's views of TTIP etc in the wider context of business
attitudes: 2sep14: 'Truly
progressive businesses must challenge this flawed neo-liberalism'.
Public Services International http://www.world-psi.org/
is concerned with the effect of trade agreements on public services, trade
unions, social justice etc.
Public
Citizen's Global Trade Watch - Director: Lori Wallach www.citizen.org/trade
https://twitter.com/PCGTW "Public Citizen's Global Trade Watch
was created in 1995 to promote government & corporate accountability
in globalization & trade. Washington, D.C."
'NAFTA
at 20 One Million U.S. Jobs Lost, Higher Income
Inequality' Lori Wallach, Director, Public Citizen's
Global Trade Watch, in THE WORLD POST, 6jan14, updated 8mar14.
TNI - Trans-national Institute
re Trade
& Investment - part of the Economic Justice programme. “The
EU’s current trade and investment policy is a recipe for disaster for
people around the world. The EU is leading an aggressive agenda to open
markets for global agri-business. This is wiping out small farmers and
is a major cause of hunger. Excessive investor rights take away much
needed policy space. We need to break away from this corporate driven
agenda,” said Lyda Fernanda Forero of the Transnational Institute, a
member of the Alternative Trade Mandate Alliance. << quote from
CEO. Susan
George (not the actress) - now in her early 80's, has worked
for TNI for ages, and is "one of the most influential
writers on international hunger and social justice in recent times".
She has been widely acclaimed for many years as having written the
ground-breaking book c.40 years ago 'How
the Other Half Dies: The Real Reasons for World Hunger'. "In
1985, as pictures of East African drought and hunger started appearing
on our TV screens, Susan George published 'Ill Fares The Land' a
collection of essays which didn't shy away from criticising
International aid efforts, and demanded a different approach to trade
and development. She wrote 'A more just society is a better-fed
society'. It would become a seminal text. Now, aged 81, and continuing
to speak at conferences around the world" - some of my quotes from the
2015 BBC
R4 interview of Susan George by Sheila Dillon, covering her
career, the predictions she made 30 years ago, and the problems we still
face in feeding our growing global population. Toward the end of the
interview some of the food threats of TTIP are briefly described.
War on Want and John Hilary
on the TTIP: www.waronwant.org/campaigns/trade-justice/ttip.
And see copy
of their 10mar14 joint letter in The Times. Their Executive
Director John Hilary has written an excellent pdf
document on TTIP (February 2014): http://rosalux-europa.info/userfiles/file/TTIP_EN.pdf and John
Hilary - 'THE
TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - A CHARTER FOR
DEREGULATION, AN ATTACK ON JOBS , AN END TO DEMOCRACY' http://www.waronwant.org/attachments/HILARY_LONDON_FINAL_WEB.pdf
On jobs
threat: try THIS
press release.
IATP
- Institute for Agriculture and Trade Policy: 'Karen
Hansen-Kuhn - My Big Concern for food & farming from an EU-US
trade deal' - YouTube.
CIEL -
Center for International Environmental Law - defends the right to a healthy planet. Sign up for our
newsletters: http://ow.ly/qiFQS Washington, DC · ciel.org e.g. pdf: http://ciel.org/Publications/ToxicPartnership_Mar2014.pdf
ClientEarth Justice for
planet Earth.Environmental law org for
forests/oceans/rights/biodiversity/climate/air pollution/ UK, EU +
beyond.London, Brussels, Warsaw · clientearth.org
Public
Citizen - citizen.org http://www.citizen.org
(US) - Their web-page on TTIP aka TAFTA: 'The Trans-Atlantic
"Free Trade" Agreement (TAFTA) - U.S. and European Corporations’
Latest Venue to Attack Consumer and Environmental Safeguards?'.
www.citizen.org/TAFTA
ATTAC
www.attac.org/en
- "International network". Good 4 minute
video: TTIP
Resistance now! .
ETUC
(European Trade Union Confederation)
'ETUC
position on the Transatlantic Trade and Investment Partnership'
ETUC, 29apr13.
ETUI
(European trade Union Institute) e.g. 'The
TTIP’s impact bringing in the missing issue' by Martin
Myant, ETUI and Ronan O’Brien, independent researcher - Working Papers -
Publications, 2015. Also e.g. 'European Trade Union Institute (ETUI) - 'TTIP
fast track to deregulation and lower health and safety protection for
EU workers' by Aida Ponce - European Economic, Employment and
Social Policy - Policy Briefs - Publications.
CTC Citizens Trade
Campaign www.citizenstrade.org
(US) "FAIR TRADE NOT FREE TRADE" 'Citizens Trade Campaign (CTC) is a broad
and diverse national coalition of environmental, labor, consumer, family
farm, religious, and other civil society groups founded in 1992 to oppose
the North American Free Trade Agreement (NAFTA).' 'We are united in a
common belief that international trade and investment are not ends unto
themselves, but instead must be viewed as a means for achieving other
societal goals such as economic justice, human rights, healthy
communities, and a sound environment. The rules which govern the global
economy must reflect the views and needs of a majority of the people on
issues such as jobs, wages, the environment, human rights, food and
consumer safety, access to essential services, and public health.'
FAIR
WORLD PROJECT - fair trade advocates - "For a Better World". On
FTAs: http://fairworldproject.org/overview/free-trade-agreements/.
Fair World Project (FWP) is an independent campaign of
the Organic Consumers Association
which seeks to protect the use of the term “fair trade” in the
marketplace, expand markets for authentic fair trade, educate consumers
about key issues in trade and agriculture, advocate for policies leading
to a just economy, and facilitate collaborative relationships to create
true system change." Contact base is at Portland, Oregon, USA. Their 6
minute YouTube video: 'Trade
Vs. Fair Trade'.
Fair Trade Advocacy Office - another
member of the ATM.
Rosa Luxemburg Foundation Brussels -
NB: download and read this pdf: 'Free
Trade - Project of the Powerful : TTIP Transatlantic Trade and
Investment Partnership'
Author: Ulrike Herrmann.
Brussels, April 2014. From this
web-page, or the
pdf directly here. This puts TTIP in its historical context which
improves insight into the underlying power-force and its direction of
travel. Also finally on p.21 it warns of TTIPs hidden 'blueprint' - the
EU-Canada FTA - CETA (though strangely not using this acronym). Also, War
on Want's Executive
Director John Hilary has written a pdf document on
TTIP on the Rosa website: http://rosalux-europa.info/userfiles/file/TTIP_EN.pdf (February 2014).
oD
openDemocracy www.opendemocracy.net
e.g. OurNHS, OurKingdom.
'Trade
deals - is the mood turning?' Gus Fagan, 6feb14, openDemocracy
"Political sentiment on both sides of the Atlantic is turning against
anti-democratic trade deals - but high geopolitical and financial stakes
means we shouldn’t expect those pushing the deals to give in gracefully."
'Bad
science, health risks, and the EU US trade treaty' Molly Scott-Cato,
12mar14, openDemocracy "Whether on GM foods, pesticides, or
pharmaceuticals, the EU/US trade treaty aims to strip away higher European
regulations that protect public health but hinder corporate
profits." MSC is Professor of Sustainability at Roehampton
University. She is the Green Party's Economic Spokesperson and was voted
in as an MEP for SW England in May 2014.
'The
EU US trade deal is a threat to democracy, but even MEPs don't know
what's going on' Keith Taylor MEP, 11mar14, openDemocracy
OurKingdom. "The Transatlantic trade deal will get rid of vital
protections for people in Europe and allow corporations to sue parliaments
for passing laws they don't like. Yet even the European Parliament barely
knows what's being discussed behind closed doors."
38
Degrees has now joined in against TTIP. Here is their 4 minute
video on TTIP: 'What is the
Transatlantic Trade Investment Partnership?'
Please
sign up to 38 Degrees constituency-level action against TTIP
(leafleting etc) from end of August onwards: http://ttipaction.38degrees.org.uk
York University Canada
has several specialists in trade law, FTAs and ISDS e.g.:
Professor Gus Van Harten of Osgoode Hall Law School,
York University Canada - has expertise on ISDS and FTAs. e.g. his letter to PM Harper re FIPA.
IIAPP – INTERNATIONAL INVESTMENT ARBITRATION + PUBLIC
POLICY a searchable
database of
investmenttreaty
cases
http://www.iiapp.org/ The
website
is produced by researchers based at Osgoode Hall Law School of York
University.
http://www.iiapp.org/treaties/
is interesting – types of treaties eg BITs FTAs NAFTA ECTs etc
Dr Peter A Victor
Professor in Environmental Studies at York University, Canada talks re
discusses low/no growth economics eg re resources refers to Dr Birol
of Int. Energy Agency
Steven Shrybman (https://twitter.com/Shrybman)
practices International Law as a Partner at Sack Goldblatt Mitchell LLP,
Canada, & talks re FTAs, IPR (Intellectual Property Rights),
globalization versus localization re climate change, restriction of local
governance of resources such as water etc.
Stuart
Trew, Trade Campaigner, The Council of Canadians.
Campaigns re e.g. CETA & TPP. https://twitter.com/StuJT
e.g. his 1nov13 article 'Why
CETA could be a setback for European climate policy - A tar sands
trade deal'.
Joseph
Stiglitz, Nobel prize-winning economist, said re 'Free
Trade Agreements' such as TTIP/TAFTA: "Corporations everywhere may
well agree that getting rid of regulations would be good for corporate
profits. Trade negotiators might be persuaded that these trade
agreements would be good for trade and corporate profits. But there
would be some big losers -namely, the rest of us." (copied from
www.citizen.org/TAFTA).
Glyn Moody @glynmoody on twitter - is
worth following for his remarks, articles and reference links on TTIP.
E.g. 'Even
The German Government Wants Corporate Sovereignty Out Of TAFTA-TTIP'
Glyn Moody, 17mar14, Techdirt.
David Martin MEP @davidmartinmep (on
twitter) - Scotland's senior European MEP, former Vice-President of the
European Parliament. Currently member of International Trade Committee.
Edinburgh. http://www.martinmep.com
This article he wrote is worth reading: 'It's
David Cameron who's rolling over for big corporations in the EU-US
trade deal' "The
investor-state dispute settlement included in the proposed deal is a
scandal – and it shouldn't be blamed on 'Brussels'" David Martin 6nov13
Comment is free theguardian.com NB: 'David
Martin is Labour MEP for Scotland and a member of the European
parliament's international trade committee'
Gus
van Harten,
Robert
Stumberg, Professor of Law, Georgetown University.
------------------------------------------------------------------------------------------------------------------------
BACK TO TOP of
page --------------------------
MEDIA COVERAGE:
NB:
the UK government is being suspiciously quiet about this matter of huge
importance to everyone. So too is the BBC:
TV news: BBC
NEWS - THE BBC IS NOT DOING ITS JOB - YouTube (8 mins, well worth
watching, though just a small part on FTAs).
------------------------------------------------------------------------------------------------------------------------
BACK
TO TOP of page or CONTENTS
--------------------------
Free Trade Agreements (FTAs):
ACTION
by YOU:
PRIORITY
ACTION: Please sign the 'Self-organised
EUROPEAN CITIZENS' INITIATIVE
(ECI) against TTIP and CETA' Sign the ECI! Stop TTIP
PRIORITY ACTION:
TTIP and CETA will liberalize trade and extraction of the worst fossil
fuels, so increasing climate change.
FoE makes it easy to urge your MEPs against
this: https://www.foe.co.uk/act/who-wouldnt-reject-toxic-trade-deal
Out-of-date
former action:
Please sign 38 Degrees petition: 'Vince
Cable: Fix or scrap TTIP'
ACTION [this action appears to be
out-of-date now (?)]: Please sign up to 38 Degrees
constituency-level action against TTIP (leafleting etc) from end of
August 2014 onwards: http://ttipaction.38degrees.org.uk #NoTTIP
Westmorland
& Lonsdale constituency: With 38 Degrees (and SL WDM) we
started a 'STOP TTIP South Lakes'
group and organized leafleting and events. I have now (October) started
a web-page of resources especially for you and am transferring relevant
ACTION ideas from here to there. Here's the link to get there:
STOP TTIP South Lakes
web-page: www.dragonfly1.plus.com/STOP-TTIP-South-Lakes.html
Thus you can skip the rest of the section below if you wish (or
return to this web-page here if you want to learn/do more).
LEAFLETING
ACTION: Please read, download, print and
distribute this pdf
leaflet by 'STOP TTIP South Lakes'. It briefly
summarizes TTIP and actions you can do. Please deliver to
neighbouring houses along your street, to friends, relations...
The full url for the leaflet is: www.dragonfly1.plus.com/StopTTIPleafletBWHA.pdf
More ACTION:
Please write to your MEPs: 38
Degrees provide you help to do this
More ACTION:
Please pass on this web-page address to your contacts: bit.ly/FTAthreats
& the link to the template text to email
your MP: bit.ly/FTAemailMP
This section is to help you have your say against the "Free Trade
Agreement" type of trade legislation such as the TTIP and CETA,
especially to help you push for removal of the most dangerous text,
the worst being the Investor-to-State Dispute Settlement clause
(ISDS). It is also essential to urge MPs, MEPs and our government to
STOP the TTIP and CETA so that it can be opened up to full scrutiny
immediately and its pro-corporate anti-people text removed, and
replaced with a reassessment of how trade and investment should be
carried out in a manner fitting all of our future needs in a
resource-limited world with a changing climate.
See
- www.noTTIP.org.uk
>>> To everyone & SLACCtt members: CLICK HERE
for template text which you can copy, amend if you wish, and email to
your MP. It provides a quick and easy emailing system.
To
Westmorland
and Lonsdale (Tim Farron MP) constituency residents: a
new group called STOP TTIP South Lakeland has
been formed started up by people responding to the new 38 Degrees
campaign initiative for constituencies:
Please help our actions. This
submission to the SLACCtt newsletter summarizes the actions and
how you can help: www.bit.ly/StopTTIPactionSouthLakes
(or try this
link to same).
Please
help by leafleting:
Leaflet by
Dr
Brian Woodward, Kendal, briefly summarizing
TTIP and action you can do. It's a leaflet pdf I hope you
will read, download, print and distribute (e.g. through
letterboxes).
You could also help
collect signatures for our petition to Tim Farron to urge
Vince Cable for removal of the ISDS:
Download copy of petition sheet for Tim Farron: PETITIONtoTimFarron-removeISDS.pdf
Then after collecting signatures, give sheet to me
(Henry Adams) - see contact tel.no. at end of leaflet
01539 722158
Constituencies other than Westmorland and
Lonsdale: (if you want to copy
what STOP TTIP South Lakes is doing in W&L in green text
above)
Download copy of petition sheet for any MP: PETITIONtoMP-removeISDS.pdf
I am about to update the text below.
. . . . . . . . . . text below needs
updating .....................
Other less quick methods:
(Some WDM members may prefer to use the
WDM-written template to MPs linked to below; if so click
here for text you can add to
that.)
The
page of template text linked to above now provides a quick and easy
emailing system for you, or if you have the time, copy the text into
your own emailer and find your MP as instructed there or below.
Copy
the text to your clipboard and paste it in to your email software,
or easier: paste it into one of the 'wizards' linked to below,
provided by either 'writetothem' (>>)
[a blank email], or WDM (>)
[a part-written email], that will both find your MP's email address
and email it for you:
>> MP contact info: Find out
more about your MP here at www.theyworkforyou.com.
If you do not have the names and email addresses of your MP, MEPs (or
county or district councillors), the website www.writetothem.com
provides their names if you type in your post code, and then a
"wizard"-like facility to help you write and "post" your email(s). Or
try http://findyourmp.parliament.uk
for less info.
For Westmorland and Lonsdale
constituents, Tim Farron's
url is tim@timfarron.co.uk
and his website: http://timfarron.co.uk/en/
(his forthcoming 'Advice Surgeries' web-page is useful).
>
'Stop
the next corporate take-over' The template email WDM
provides here is very generalized and to be more incisive you will
need to add more specific wording urging (at least) the
removal of the ISDS, backed by existing evidence
of ISDS harm. CLICK
HERE (if not already done above) for the text for you to copy
and paste into the WDM template, and amend as you wish.
If you wish to write your own email
text from scratch (it may give more impact):
NB:
The most important and urgent action is to pressure your MPs,
MEPs and government (e.g. Vince Cable, BIS) to strongly insist on the
removal of the dangerous ISDS text from the FTAs
under negotiation between the EU and USA (TTIP), and Canada (CETA),
and also to halt the TTIP negotiations as they are going in the wrong
direction (as summarized in www.bit.ly/FTAbriefTimFarron
pdf) (add evidence of harm of ISDS e.g. from the previous pdf link or
from DANGERS 2. above). Please write to your
MP and MEPs and visit them at their 'surgeries'. If you do the latter, I
suggest you download and show the 5 minute video NO
FRACKING WAY... using your laptop. That should have impact.
The removal of the ISDS mechanism is a key part of EDM 793 - please
persuade your MP to sign up to it, and/or separately act against the
ISDS:
Early day motion 793
- TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - UK
Parliament - tabled 26nov13, primary sponsor: Caroline Lucas. The green text is aimed at Tim Farron MP's
constituents. Tim is reluctant to sign this now (in March); however he
is beginning to realize the dangers of the ISDS are not just scares
but are backed by evidence, so he eventually may review his position
on this EDM (?). However the first step towards this is to convince
him that the ISDS must be removed.
Also
if you have time please emphasize to your MP and MEPs the need to ensure
that regulations are not leveled down in the 'regulatory harmonization',
but if anything leveled up. This especially concerns those designed to
protect people and our environment (and wildlife), such as regarding
climate, health and safety, human rights, employment rights, and any
issues you are especially concerned with.
Furthermore, when new EU regulations are proposed they should not be
allowed to be amended (most probably diluted, delayed or killed) by
corporate interests, and especially not at an early stage prior to
democratic processes and public scrutiny.
A new
way to stop TTIP: Launch
[on 15july14]of European Citizens' Initiative on TTIP and CETA - War
on Want, 21jul14.
MEPs:
WDM and TJM have now made it very easy for you to write to all your MEP candidates (they face
elections on 22nd May!):
Ask
your MEP candidate to pledge to 'Take back the power: make
trade work for people and planet' - WDM-TJM template
email action to ask MEP candidates to protect democracy and
public services from TTIP. A useful list of pledges for MEP
candidates to sign up to, with removing ISDS as number
one. Twitter hashtag: #TakeBackThePower
The MEP
elections are on Thursday 22nd May 2014: Now is your
opportunity to question them and urge them to pledge to work
for you. TJM (Trade Justice Movement) have produced an
excellent briefing pdf to help campaigners to lobby
their MEP candidates. South
Lakes WDM group (with SLACC-tt)
have organized a hustings in Kendal in which the public
can question MEP candidates for NW England on such
international social justice issues and climate issues
(Monday 28 April, Shakespeare Centre, Kendal 7.30pm). Also
I hear there is to be a hustings in Kendal by the Forward
in Europe group (?). Why not set up a hustings in
your area? The TJM pdf provides help.
The most important points to make to
your MP and MEPs, in approximate order of priority:
- Remove
ISDS text from both TTIP and CETA (the
former is more urgent, the latter more important, but both are
essential), and that they must pledge that the UK must not and will
not agree to signing up to either agreements if the ISDS
is still present. NB: Stress that there is ample
existing evidence of existing examples of misuse of TTIP, and
provide examples, e.g. from my section on ISDS here, and also (better still) by
encouraging your MP to see the 5 minute video near the top of this
web-page (NO FRACKING WAY |
How the EU-US trade deal risks expanding fracking...): preferably download it onto
your laptop or pad, and show it to him/her at his/her surgery.
- No
'levelling down' in the 'harmonization' of regulations, to a common minimum,
especially of those regulations designed to protect us or our
environment. Leveling
up cannot be presumed (as it is by some politicians, or used as an
excuse for inaction), as the reverse is more likely, for these
reasons:
NB: impress on your MP: (i) that
leveling down, de-regulation, or a watering down of regulations, is
logically more likely than the reverse by default, as the aim of 'free
trade' and investment is to reduce barriers to trade (and foreign
investment), (ii) that it is inherently steered also by neo-liberal
ideology which is a presumed mindset of both negotiating officials and
corporate interests; furthermore, (iii) that it is also a central aim
of corporate interests for increasing profits, and they are involved
from an early stage in the creation of FTAs, and have enormous
lobbying power, which is (iv) not counter-balanced by
allowing an equivalent involvement by NGOs trying to protect our needs
for leveling up of protective regulations (NGOs and our democratic
interests are excluded).
Unfortunately,
though Tim Farron MP agreed that leveling up should
take place - he's at present presuming it will happen
anyhow as a presumed intention of the EU negotiators, and that's
part of TTIP being a good thing. We will have to convince him with
points (i) to (iv) that he can't make such presumptions, and remind
him of the huge lobbying power of big corporations. Also, promises
by EC negotiators can be traded away to US/corporate interests to
get a deal (see 4. below).
- No
U.S. (or other) corporate vetting of EU regulatory proposals,
especially not at an early stage pre-democratic processes:
U.S. corporate interests should not be given the power to affect
proposed EU regulatory improvements at such an early stage as pushed
for by US in the TTIP, i.e. before even the democratic process of
scrutiny and voting by MEPs takes place. Such corporate
interests should be kept out of the process altogether, or confined to
comments easily readable by both public and negotiators on an open
website. (An article
in FT by Shawn Donnan states "The US is using
transatlantic trade negotiations to push for a fundamental change
in the way business regulations are drafted in the EU to allow
business groups greater input earlier in the process." - we cannot
allow this. Imagine Chevron vetting EU climate regs!
["Chevron
is an official advisor to the U.S. trade representative" writes
Pia Eberhardt of C.O.E.]).
- No trading away of EU
climate legislation etc to US demands during the negotiations:
Urge MEPs, and UK government via MPs, to reverse the E.C.'s decision,
under pressure from the US and its oil interests in relation to the
TTIP, to truncate the climate legislation within EU's Fuel Quality
Directive from continuing beyond 2020 (it has yet to be implemented
due to lobbying by the tar sands industry and its mouthpiece the
Conservative Harper government of Canada). [evidence: see section
below on the effect of TTIP and CETA on climate change
legislation and on our democratic potential to influence fracking, tar
sands and other polluting/carbon-emitting/destructive unconventional
extractive methods for fossil fuels].
- Ensure that a higher legal
superiority is given to protecting climate, environment, health and
safety, human rights, indigenous rights, employment rights, local
food sovereignty etc than to corporate profits. This is why civil society
representation should have been integral from the start to steer for
this (TJM).
- The Precautionary
Principle (part of EU policy) should be written in to any
trade agreement - and given top weighting. The EU wants this in, but
not so the US corporations represented by the US negotiators. We need
to ensure it isn't traded away or diluted by the EC as a "bargaining
chip" or concession in the negotiations.
- Adequate Parliamentary, media and
public scrutiny of at least all the threatening aspects, especially
the ISDS. 2014 update: TTIP debated in HoC on 25feb14: good
contribution by Zac Goldsmith. 6mar14: Lords
Select Committee on TTIP interviewed Pia Eberhardt of Corporate
Europe Observatory on the dangers of TTIP. So a start on
parliamentary scrutiny, but still no tv/radio media coverage to enable
a start on public scrutiny, nor adequate release by E.C. of text
negotiated nor who wrote what.
N.B. as TJM point out - civil
society representation should have been part of the trade
agreement formulation right from the start (rather than the big
corporate interests), so that trade policy and agreements can be
prioritized for the benefit of
people not profits. <
insist this!
- There are many other
more specific FTA issues that need tackling, such as those listed in the section above on the negative aspects of FTAs.
These include: increased and irreversible privatization of public
services such as the NHS, the over-application of Intellectual
Property Rights and control over the internet, rules favouring
corporate control over farming and food, i.e. to benefit
agribusinesses such as Monsanto and their desire to force GM and
pesticides on us.
- Other useful points are listed
in this WDM-TJM action: 'Take
back the power: make trade work for people and planet'.
Strengthening points, especially
if you have an MP (or MEP) who is Tory, or LibDem and currently
supporting the pro-TTIP LibDem Party line (summarized below):
- There is already ample evidence
from existing free trade and investment agreements that the threats
within the TTIP and CETA, especially the ISDS, are very real, and much
more real than the speculative, possibly exaggerated(?) "benefits" of
£billions (to who? - those with shares in multi-nationals?) and jobs
(where? - where-ever pay and conditions are lowest?). Evidence of such
use of the ISDS mechanism includes examples of corporations suing
governments for restricting them from mining, fracking, advertising
cigarettes etc. The Democracy Center summarizes some on pp.10-11 of
its very useful report: ‘Unfair, Unsustainable, and Under the Radar - How Corporations Use Global Investment Rules to
Undermine a Sustainable Future’, (and examples are also in my section
on ISDS). You could request your MP reads, assesses, and
hopefully acts on this evidence (provide reference/link). I hope to
add examples to my draft/template text for you soon to make it easier
for you.
- The claims of financial
benefits are speculative and inflated, and have been
criticized as such (see 'Any benefits?' section clickable from
CONTENTS for refs, and also re refs for 3.:). Also, you could point
out that benefits are more likely to be to the wealthy, such as extra
dividends to shareholders in multinational corporations, not divided
equally amongst householders as suggested by pro-TTIP propaganda.
- The jobs claims
likewise: Refer to evidence that jobs shifted out of the US as a
result of the North American FTA (NAFTA): TTIP
was debated in Parliament on 25feb14: do read good contribution
by Zac Goldsmith MP in
Hansard, which provides evidence (from the now 20 year old North
American FTA) against the dodgy good-for-jobs claims by pro-TTIP
politicians. Tim Farron's agreed to
read it but doesn't appear to have done so yet (?).
Unfortunately the LibDems have formed a
briefing document that blinkeredly promotes the TTIP by regurgitating
1-sided neoliberal propaganda that focuses primarily on
money-making/growth/GDP (then on "jobs"), to the exclusion of other
relevant aspects of great importance such as sovereignty, democracy,
environment, climate change etc. Nonetheless several LibDem MPs have
signed EDM 793. Should the LibDem Party be more descriptively now be
re-named as the Neoliberal Party? I hope it doesn't turn to this. So if
your MP is LibDem, please read the following paragraphs and write to
him/her (&/or visit at MP surgery).
Correspondence
between Brian Woodward and Tim Farron MP re the TTIP
(pdf) shows
that Tim Farron was in February 2014 supporting the LibDem Party line
with very little critical assessment of it. Includes Brian's excellent
critical assessment of the TTIP and LibDem's promotion of it.
We need to persuade Tim to take heed
of our views. This is too important a matter for Party tribalism. The following is more up to date wrt Tim
Farron's current views:
Correspondence
and meetings between Henry Adams and Tim
Farron MP (pdf)
<<< NB: Now updated to 29th March 2014
SLACC-TT members
especially: Though my 28feb14 meeting with Tim Farron appeared to be
promising, with Tim instructing his assistants to research into at
least points 1 and 2 above, on my subsequent meeting with him on 21st
March it was apparent to me that he had not read up about the ISDS
mechanism (i.e. re point 1.) nor understood the reasons why there is a
default net pressure in the negotiations towards leveling down, not
up, of the regulations which we have to counter (2.). He even assumes
leveling-up is the default steer, despite admitting having not read-up
on the subject of TTIP, in which case a "neutral" a priori viewpoint
should be 50:50. Please write to Tim urging him to read up on the
subject, especially my points 1. to 3., and to make a strong public
stand against the ISDS. I hope you will find my correspondence helpful
in writing an email to Tim. NB:
28th March sequel: I showed Tim
the 5 minute video on the ISDS and fracking (NO FRACKING WAY |
How the EU-US trade deal risks expanding fracking...): this was a "game-changer" and
obviously very much engaged his attention. Spring/early summer: Tim
has written a strong letter to Vince Cable re TTIP and ISDS including
some of my writings on their threat to our future ability to tackle
climate change through democratic processes.
Government responded with a pro-TTIP "reassurance letter".
I then wrote a rebuttal demolishing some of his claims (especially his
weak and incorrect text re climate change impacts):
Here
I write a detailed rebuttal
of Ken Clarke's pro-TTIP "reassurance" letter to Tim Farron MP (pdf),
July 2014. Shortened link: www.bit.ly/FTAhenryKC
<<<
Letter re
TTIP, CETA, ISDS, by Brian Woodward (main author) to represent views
of South Lakeland WDM: SL-WDM-letter-TTIP-CETA-ISDS.pdf
Quick and easy things you can do
right now - sign these petitions:
Please
sign: 'Stop
TTIP' - SumOfUs 'Don't increase the power big corporations have
over European governments – refuse to include "investor-state dispute
settlement" in the TTIP trade deal."'
Please
sign: 'Stop
the TPP and TTIP' - SumOfUs petition.
Please sign: 'Stop the EU-US free trade agreement' - Avaaz
COMMUNITY Petitions.
Please sign:
'Say
no to corporate power grabs - reject the Trans-Pacific Partnership'
350_org Campaigns.
Please
sign: 'Before
Monsanto uncorks the champagne' - Avaaz. Note: 'Avaaz
TPP petition sabotaged?' Oliver Tickell, 6dec13 - The Ecologist
Please
sign: 'Protect Costa Rica's rainforests: tell Infinito Gold
to drop the $1b lawsuit' - SumOfUs
Please
sign: 'If
we want to ban fracking, we need to stop this secret trade deal'
"Stop the TPP" CREDO Action
On facebook: ✋ STOP the TPP Petitions! ✋ Sign & Share! ✋ TPP,
TAFTA, TTIP. Top Secret Trade Deals.
20jul13, updated 2dec13.
This Fb page lists petitions and ref-links - mostly re TPP, partly re
TTIP.
And if you are keen to organise a
"stunt" to raise public awareness - have a look at what the Brighton
& Hove WDM group did: http://wdm.org.uk/blog/ttip-tafta-sellout-our-democracy
I hope you will be inspired to do something similar.
In
2013 I was working towards writing a petition to go on 38 Degrees
website for the ISDS to be removed from the TTIP and CETA. But
unfortunately my Hard Disc Drive failed and I lost use of it and my
computer. This has considerably delayed my work on this and other
projects. Feb.2014 update: I now have a good computer but yet to
resume work on petition idea.
Where
do are Parties stand re TTIP and ISDS?
38
Degrees asked them to write statements: 'WHERE UK POLITICAL PARTIES STAND
ON ISSUES IMPORTANT TO 38 DEGREES
MAY
21ST, 2014 BY RACHEL OLIVER' Issue 1 is "How will MEPs from your
party go about stopping the NHS, our welfare and the environment from
being threatened by global trade agreements like the Trans-Atlantic Trade
and Investment Partnership (TTIP)?"
The
Green Party response is brief there, but links to its
manifesto: see page 9.
The Green
Party is the only major party pushing for a stop to TTIP and the
removal of the ISDS.
The Labour Party appears to be for
the TTIP with some exceptions - for instance they want the NHS
removed from being affected by the TTIP. The newly elected Labour MEP for
NW England is against TTIP and ISDS as she is very keen on communities
having more democratic power - i.e. true localism.
The LibDems and Conservatives
are acting as coalition partners in support of the TTIP.
Tim Farron (LibDem President) has so
far issued pro-TTIP coalition government propaganda to his constituents
and told me he is for "free
trade" (though has not yet made clear whether what he likes about "free
trade" is the same as what the trans-national corporations, nor as to
whether he ranks the principles of free trade higher than action against
climate change - as they are incompatible in the TTIP, CETA and ISDS. He
has not yet come out against the ISDS despite my numerous briefings to him
on this. Although he has expressed to me some concerns on the ISDS,
nonetheless they are clearly not strong enough for him to actually do
anything effective about them, as yet...
NB:
see which MEP candidates have signed up here: http://politicsforpeople.eu/en/
Previous actions by deadlines that
have now passed
This week is No
TTIP National Tour with Saturday 12july14 as TTIP
day of action and see #noTTIP
Day of Action
- www.nottip.org.uk
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or CONTENTS
--------------------------
Previous news items removed from top
of this web-page to replace with more recent items:
8jul14 newsflash: 'UK
anti-TTIP protests to focus on NHS privatisation'.
July 2014: This week is No
TTIP National Tour with Saturday 12july14 as TTIP day of action and
see #noTTIP
Day of Action - www.nottip.org.uk and
on facebook
URGENT ACTION via
38 Degrees: by
this Sunday (13jul14): 'Tell
TTIP negotiators not to let corporations sue governments'. More action: go to ACTION by YOU section.
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or CONTENTS
--------------------------
Recent
must-read
articles: (scroll down for more references, click
here to jump back up to CONTENTS near top)
'What
does the biggest free trade deal in history mean for the
environment?' The Guardian ECO
AUDIT of 14mar14, with Karl Mathieson collating comments and
ending with his verdict.
'Give
and take in the EU-US trade deal? Sure. We give, the corporations
take' George Monbiot,
11mar14, The Guardian. And on 13mar14 Monbiot shreds
tobacco-industry-supporting Tory Ken
Clarke's response with these comments: 1. LSE ripped apart claims
of boost to UK economy, & regs will be reduced, 2. ISDS unnecessary &
evidence exists of its dangers, 3. transparency needed,
especially of corporate text, 4. scrutiny required &
adequate time for democratic process to tackle the devils in the
detail and vote on them. LSE REF.
'Rough
trade: the new corporate power grab' Nick
Dearden (WDM) in Red Pepper. This puts
TTIP and other FTAs and the WTO etc into the wider context of
increasing corporate gains in global power, and provides
alternatives.
'No
rubber stamp for the TTIP!' Zac Goldsmith MP
in The Ecologist - 27feb14 from a Hansard transcript of his speech
in Parliament on 25feb14.
'Q&A:
What does the trans-Atlantic trade deal mean for energy?' [and
climate change legislation such as EU's Fuel Quality Directive]
19feb14 Christine Ottery at EnergyDesk, Greenpeace
UK. This has useful references.
'TTIP-TAFTA
The sellout of our democracy' Susanne Schuster (Brighton and Hove
WDM group), World Development Movement, 16dec13 , and 'EU-US
trade deal ‘nothing to do with jobs’' Miriam Ross,
19feb14, WDM.
'The lies behind this transatlantic trade deal' "Plans
to
create an EU-US single market will allow corporations to sue
governments using secretive panels, bypassing courts and parliaments" George Monbiot
2dec13 The Guardian.
'The Secret Trade Agreement About to Complete the
Corporate Takeover of Democracy' - Scriptonite
Daily, 2dec13.
'More than 100 organizations sign transatlantic
statement opposing dangerous investor “rights” chapter in CETA'
25nov13. Links to:
'Stop the Corporate Giveaway! A transatlantic plea
for sanity in the EU–Canada CETA negotiations' pdf
^^^ recent 'must read' articles ^^^
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TO TOP of page
or CONTENTS
--------------------------
REFERENCE
LINKS
(mostly in reverse chronological
order)
NB: summer
2014 - the frequency of articles appearing on TTIP has increased so much
(that's good!) that it's now hard for me to post all of them here. Thus
I suggest: also do a twitter-search for tweets under #TTIP #NoTTIP
#ISDS #TPP #CETA for links to recent articles and comments.
21jul14
a new way to stop TTIP: Launch
[on 15july14]of European Citizens' Initiative on TTIP and CETA -
War on Want, 21jul14.
23may14 'TTIP
serves the major corporations' "The TTIP trade agreement
between the US and the EU is continuing to cause a major row in
Europe. Economist Christoph Scherrer tells DW that the
corporations' right to file lawsuits will be particularly
problematic." World DW.DE
23may14 'EU-US
trade deal labelled an ‘attack on democracy’' - Blue and
Green Tomorrow.
22may14 'Call
this democracy' - Nick Dearden, World Development Movement.
"... So to demonstrate the extent of opposition, this week we
joined with 120 organisations from across Europe to form a
coalition committed to fighting against TTIP. Today, we’re also
calling a day of action on 12 July, with a number of other
organisations, to begin to show the strength of feeling on TTIP
all around the UK. It will be the beginning of an intensive
campaign to stop TTIP in its tracks. ..."
21may14 '120
groups demand 'ditch the TTIP EU-US trade deal'' - The
Ecologist.
21may14 'TTIP
Opponents Attack Negotiations as Undemocratic and Lacking
Transparency' by Finbarr Bermingham in IBT - International
Business Times. "In a joint statement issued today,"" a group of
120 European NGOs,"" which include Greenpeace, Unison, World
Development Movement and War on Want, demanded that "the EU
Commission's negotiation texts as well as all negotiation
documents must be made public to allow for an open and critical
public debate on the TTIP"....".
19may14 'De
Gucht, NGOs, trade accusations after anti-TTIP protestors
'kettled' by police' EurActiv
16apr14 TTIP: 'Commission’s
weak reforms of EU-US trade deal could unleash a corporate
litigation boom' - Corporate Europe Observatory press
release for this briefing:
16apr14 TTIP: 'Still
not loving ISDS: 10 reasons to oppose investors’ super-rights in
EU trade deals' - Corporate Europe Observatory. Essential
reading, especially if you are trying to counter UK
government/Conservative/LibDem false "assurances" that the ISDS in
the TTIP is benign.17mar14 TTIP: 'Even
The German Government Wants Corporate Sovereignty Out Of
TAFTA-TTIP' Glyn Moody, 17mar14, Techdirt.
27mar14 CETA: 'EU publishes CETA investment text,
launches consultations; Council of Canadians demands same
from Canada' The Council of Canadians.
27mar14 TTIP: 'Campaigners
slam Commission’s mock consultation on investor rights
in EU-US trade deal' - Corporate Europe Observatory.14mar14
TTIP: 'What
does the biggest free trade deal in history mean for the
environment?' The Guardian ECO
AUDIT of 14mar14, with Karl Mathieson collating comments
and ending with his verdict.
c.27mar14 TTIP (/CETA): European
Commission's "consultation"on TTIP/ISDS (3 months long):
http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=ISDS
http://trade.ec.europa.eu/doclib/docs/2014/march/tradoc_152280.pdf#Question2
see pages 18 onwards for CETA info
http://trade.ec.europa.eu/consultations/index.cfm?consul_id=179
http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151916.pdf
http://trade.ec.europa.eu/doclib/press/index.cfm?id=1052
11mar14
TTIP: 'EU-US
trade deal Big Energy’s backdoor plan to expand fracking' vg
summary by Pia Eberhardt of C.O.E. on WDM website. Or
try this link if that one fails.
11mar14 TTIP: 'Give
and take in the EU-US trade deal? Sure. We give, the corporations take'
George Monbiot, Comment is free,
The Guardian. And on
13mar14 Monbiot shreds tobacco-industry-supporting Tory Ken
Clarke's response with these comments: 1. LSE ripped apart
claims of boost to UK economy, & regs will be reduced,
2. ISDS unnecessary &
evidence exists of its dangers, 3. transparency needed,
especially of corporate text, 4. scrutiny required &
adequate time for democratic process to tackle the devils in
the detail and vote on them. LSE REF.
11mar14 TTIP: 'Green
party leaks confidential TTIP paper' EurActiv "On Friday (7
March), high-ranking German MEPs from the European Greens leaked a
confidential document from the Council of Ministers regarding the ongoing
TTIP negotiations. "TTIP threatens to take away democracy's means for
social and environmental management of the internal market, ..."".
10mar14 TTIP: 'Leaked
memo: now Libdems are running scared of the Greens' - News - The
Ecologist'
10mar14 TTIP: 'Big
business and the worldwide assault on democracy' Nick Dearden of
WDM in 'Comment' in politics.co.uk. A very powerfully written criticism
of the TTIP.
10mar14 TTIP: 'Drop
trade talks' War on Want:
"Read our joint letter on TTIP trade negotiations in The Times today:
'There is little evidence to support claims that the TTIP agreement
would in fact boost growth and employment'."
10mar14 TTIP: 'What
does the TTIP really mean for workers' Clare Speak @ClareSpeak -
Equal Times. Refers e.g. to War On Want's assessment re impact of NAFTA
on jobs.
10mar14 TTIP: 'Report:
Investor-state lawsuits worth €1.7 billion rage across Europe'
EurActiv - re new report by Corporate Europe Observatory:
10mar14 TTIP: 'Profiting
from crisis - How corporations and lawyers are scavenging profits from
Europe’s crisis countries' Corporate Europe Observatory. This has
significant implications on what is likely to increase if the TTIP is
implemented with its ISDS mechanism still in place.
10mar14 TTIP: 'Leaked
TTIP Documents Expose Chemical Industry’s Toxic Agenda' John
Deike, EcoWatch.
7mar14 TTIP: 'New
report slams EU-US trade deal as talks resume in Brussels' Keith
Taylor MEP (Green Party MEP for SE England) - "Keith slams ‘deregulation
charter’ as trade talks resume". Links to: 'From your dinner plate to
your pay packet - How the EU-US Trade deal could change life in the UK'
Keith Taylor MEP & Jean Lambert MEP.
6mar14 TTIP:
'Corporate
Europe Observatory questioned on proposed EU-US trade deal'
- by Lords Select Committee - News from Parliament - UK
Parliament. Also on video: Meeting on Transatlantic
Trade and Investment Partnership started at 10.06am. Ended
at 11.13am. Witness:
Pia Eberhardt, Corporate Europe Observatory - via video-conference.
6mar14 TTIP: 'Report
Exposes How the TTIP Could Expand Fracking in U.S. and Europe'
Brandon Baker, EcoWatch. Refers to:
6mar14 TTIP: 'No
fracking way: how the EU-US trade agreement risks expanding
fracking' (pdf download) - by Friends
of the Earth Europe, the Sierra Club, Corporate Europe Observatory and others.
1mar14 TTIP: 'TTIP
threatens to “blow apart the power of our democratic decision
making”' Natalie
Bennett, Green Party Leader,
speaking at GP Spring Conference.
Feb2014 TTIP: 'Rough
trade: the new corporate power grab' Nick Dearden (WDM) in Red
Pepper.
27feb14 TTIP & TPP: 'We
cannot afford to stand on the sidelines of trade' Joe Biden, U.S.
Vice-President, gives his opinion in FT.com. Nick Dearden (WDM) tweets:
#TTIP, #TPP are about US power: 'Deploying soldiers is essential. But no
substitute for robust economic engagement.' I quote Biden: "deals we are
negotiating ... include unprecedented steps to protect labour
standards, the environment and intellectual property, as well as new
commitments against favouritism for state-owned enterprises. They
require nations that might otherwise try to undercut us to match our
high standards instead." <- this so misrepresents the reality, when
you consider e.g. the lack of regulations in USA for pollution from
fracking, or the excessive flaring in the N. Dakota Bakken shale oil
fields, both due to the capture of the US government by big biz such as
the oil and gas industry. Big Biz ensures that environmental protection
(and labour) standards in the USA are as low as possible.
27feb14 TTIP & CETA: 'TTIP
‘challenged’ by environmental critics, EU says' EurActiv.
27feb14 'No
rubber stamp for the TTIP!' Zac Goldsmith MP
in The Ecologist - 27feb14 from a Hansard transcript of his
speech in Parliament on 25feb14.
25feb14 TTIP debated in HoC on 25feb14: do read good contribution
by Zac Goldsmith MP
in Hansard.
23feb14 TTIP: 'US
pushes for greater transparency in EU business regulation' Shawn
Donnan in FT. First paragraph is worrying: "The US is using
transatlantic trade negotiations to push for a fundamental change in
the way business regulations are drafted in the EU to allow business
groups greater input earlier in the process."
22jan14 TTIP: 'Free
trade: EU frets over US investment talks' BBC Europe News.
21jan14 TTIP: 'Investor
dispute mechanism Trojan horse must be excluded from TTIP'
The Greens - European Free Alliance in the European Parliament.
20jan14 TTIP: 'Sovereignty
fears lead to EU-US trade rethink' Oliver wright, The Independent.
19feb14 TTIP: 'Q&A:
What does the trans-Atlantic trade deal mean for energy?' [and
climate change legislation such as EU's Fuel Quality Directive]
Christine Ottery at EnergyDesk, Greenpeace UK.
17feb14 TTIP: 'What
are you hiding? The opacity of the EU-US trade talks'
Corporate Europe Observatory.
?feb2004 TTIP: 'Free
Trade Is Not So Free After All' IDN - InDepthNews
Analysis That Matters.
22jan14 TTIP ISDS: 'Brussels
wants to hear more on TTIP investor-state dispute clause'
EurActiv. I quote: '“The investor-state dispute settlement
mechanism (ISDS) is a massive Trojan horse, which could be used by
multinational corporations to whittle away EU standards and
regulations across a range of policies from the environment to food
safety to social protection,” said MEP Yannick Jadot, the Greens’
trade spokesperson in the European Parliament.'
17jan14 TPP: 'Leaked
Trans-Pacific Partnership Document Reveals Failed Enforcement of
Environmental Protections' Occupy.com, by by Kevin
Zeese and Margaret Flowers.
16jan14 'The
City, the banks and the EU – all in it together' Tom Lines -- New
Internationalist - re e.g. the Council of the International
Regulatory Strategy Group (IRSG), TTIP,
ISDS, GM crops/food.
16jan14 'Lords
look at lessons learnt from recent trade agreement' - News from
Parliament - UK Parliament.
15jan14 TTIP: 'Osborne’s
bid to end democracy by the back door' Mike Sivier, Vox
Political
15jan14 TPP: ''Toothless'
environment protections in secretive global trade pact TPP leaked all
over the web' • The Register, by Richard Chirgwin.
13&15jan14 TTIP: 'TTIP
puts the EU's environmental and social policies on the line'
EurActiv.
20dec13 '10,000
protest in Brussels against TTIP, austerity' The Council of
Canadians
20dec13 TTIP: 'EU-US
trade talks What public safeguards are being traded away'
"Friends of the Earth
calls for end to secrecy surrounding talks" Friends of the Earth Europe.
17dec13 TTIP - Briefing for Parliament:
'The
Transatlantic Trade and Investment Partnership (TTIP)' by Gavin
Thompson - Commons Library Standard Note - UK Parliament (amended
17dec13, published 8nov13). Also see US-EU HLWG press release document
(download): 'High
Level Working Group on Jobs and Growth, February 11 2013'.
16dec13 'TTIP-TAFTA
The sellout of our democracy' World Development Movement (by
Susanne Schuster from the Brighton and Hove WDM group).
c.1or2dec13 'Profiting
from people and planet' (pdf) WDM Campaign
briefing on Trade Agreements including e.g. TTIP, TPP, TISA, written
just prior to the 3-6dec13 WTO trade talks which came to an agreement.
10dec13 'WTO
in Bali Anyone Would Think 400ppm Had Never Happened'
Ruth Bergan, Co-ordinator of the Trade Justice Movement, in HuffPost.
10dec13 TPP: 'US-led
Pacific trade zone talks end without deal' - The Guardian.
10dec13 TPP: 'Trans-Pacific
Partnership: a guide to the most contentious issues' Gabrielle
Chan - The Guardian. Covers issues in sections: 1. Intellectual
property, 2. Investment, 3. E-commerce, 4. Medicines and health, 5.
Environment, 6. Financial regulation, 7. Labour rights, 8. Tobacco
control, 9.Agriculture.
7dec13 TPP: 'Monsanto,
the TPP and global food dominance' Ellen Brown - The Ecologist.
6dec13 TPP: 'Avaaz
TPP petition sabotaged?' - Oliver Tickell - The Ecologist.
3dec13 'NGOs fear TTIP clauses will affect EU chemicals
regulation' EurActiv CETA, TTIP, ISDS, REACH "Alarm
bells
have rung for campaigners since last May when it emerged that a ‘fair
and equitable treatment’ clause had
been
inserted into a draft of the Canada-EU Trade Agreement (CETA), outlawing any
“breach of legitimate expectations of investors”." "‘fair
and
equitable treatment’" inserted into CETA allows corporations to sue re
almost any policy or reg they don't like “A
ban
on a chemical found to be harmful to public health could be considered a
violation of this provision.” "The
EU’s
wide-ranging REACH regulation, which provides the world’s most
comprehensive health and environmental regulation of chemical
substances, is already in the crosshairs of US industry. "
It's insane that what is being signed up to in CETA has not been
published or avialable to the public, yet has been secretly negotiated
by big corporate interests. "Regulation-chilling
suits In the US, the use of such clauses in the North
American Free Trade Agreement (NAFTA) has led to regulation-chilling
suits, such as one $250-million (€191-million) lawsuit challenging
a
shale drilling moratorium in
Quebec."
2dec13 'The lies behind this transatlantic trade deal'
"Plans
to
create an EU-US single market will allow corporations to sue governments
using secretive panels, bypassing courts and parliaments" George Monbiot The Guardian <<
a "must read" And see his 4nov13 article
below.
'The Secret Trade Agreement About to Complete the
Corporate Takeover of Democracy' - Scriptonite Daily,
2dec13.
'How the EU is making NHS privatisation permanent'
Benedict Cooper 2dec13 New Statesman "The
Transatlantic
Trade and Investment Partnership gives the coalition's health reforms
international legal backing"
2dec13 'The
corporation invasion - Government by big business goes
supranational' - Lori M Wallach - Le Monde diplomatique - English
edition - describes the insidious aspects of the ISDS and examples, and
corporate desires re a number of different topics.
EDM: Early day motion 793 -
TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - UK
Parliament - tabled 26nov13, primary sponsor: Caroline
Lucas.
CETA
(& TTIP) re ISDS:
'More than 100 organizations sign transatlantic
statement opposing dangerous investor “rights” chapter in CETA'
25nov13 - TNI Trans-national Institute re Trade & Investment - part
of the Economic Justice programme. <<<<
NB well worth reading >>>> Links to:
NB:
a "must read": 'Stop the Corporate Giveaway! A transatlantic plea for
sanity in the EU–Canada CETA negotiations' pdf
TTIP: Tweet by GeorgeMonbiot @GeorgeMonbiot
In
a leaked document, European Commission spells out how it plans to lie to
us about the transatlantic trade deal:
Leaked European Commission PR
strategy: "Communicating on TTIP" - 25nov13 - Corporate Europe
Observatory
GeorgeMonbiot @GeorgeMonbiot Whenever you see the EC's planned lies
about #TTIP, please pull out this article: http://www.theguardian.com/commentisfree/2013/nov/04/us-trade-deal-full-frontal-assault-on-democracy …
Thomas Mc Donagh 2013, The
Democracy
Center ‘Unfair, Unsustainable, and Under the Radar - How Corporations Use Global Investment Rules to
Undermine a Sustainable Future’
(pdf)
www.democracyctr.org
web-page that links to the pdf. A
good read, and very useful resource.
16nov13
'Charlotte McDonald-Gibson: 'Good for business or bad for democracy? The new
US-EU free-trade talks are raising concerns' - Business
Comment - Business - The Independent.
15nov13
Marietje Schaake, ALDE on the ISDS: 'Does pursuing investment protection in TTIP signal
more transatlantic mistrust?' 15nov13 ALDE is the Alliance
of Liberals and Democrats for Europe.
15nov13
FoE Statement on Brussels round of TTIP negotations
15nov13 www.foe.org "Michelle Chan, economic policy director
for Friends of the Earth U.S., has this to say about the negotiations: “A
TTIP investment chapter would be a corporate power tool. It would allow
Chevron and other energy giants to sue governments if environmental or
other regulations interfere with their expected future profits by, for
example, restricting oil and gas drilling, imposing pollution controls,
or limiting the use of hydraulic fracturing. This would freeze in place
our current dependence on fossil fuels, and result in climate disaster.”"
To which I add: Thus
Halliburton
- which has held meeting(s) with Celtique
Energie re possible sub-contracting deals for
fracking in Sussex, could sue the UK as our regulations are
unlikely to be as loose as the US regulations (such as the
"Halliburton loophole" that allows frackers to pollute).
TTP - Trans-Pacific Partnership:
The ISDS threat applies to other FTAs too: 'When trade agreements threaten sovereignty:
Australia beware' - Ruth Townsend, Lecturer health law, ethics,
human rights, at Australian National University. Refers to e.g.
Phillip Morris tobacco case and the chilling effect of ISDS. Includes
very useful quote by a tribunal judge.
Please read and sign this in solidarity: We still have time to kill the Trans-Pacific
Partnership!
'A Corporate Coup in Disguise' - Alternet "The Trans-Pacific Partnership would create a
virtually permanent corporate rule over the people" - Jim
Hightower, 1oct13.
TPP is NAFTA on steroids - Ea O Ka Aina - ISLAND
BREATH - blogspot for www.IslandBreath.org
- via 24nov13 tweet by Cecalli Helper @Cecalli_Helper of Nicaragua.
'Strangling Democracy: How the TTP extends the
tentacles of corporate power' - Thomas McDonagh 26nov13 The
Democracy Center
11nov13
letter
(pdf) re TTIP/TAFTA to Obama, Barroso, Van Rompuy which has
many signatories of NGOs etc from both sides of the Atlantic.
NB: 11nov13 A
brief "must read" for everyone: how ISDS will affect all of us: 'Why Trade Deals are Privatising Government' - Ruth Bergan (Trade Justice
Movement).
NB:
'EU-US trade talks threaten citizens, environment and
democracy' - Friends of the Earth
Europe 15nov13 Magda
Stoczkiewicz,
director of Friends of the Earth Europe said: "... "It
is
unbelievable that the EU and US are discussing plans to allow companies
to sue governments if they see their profits affected by a
democratically agreed decision. It is no exaggeration to say that this
is a direct attack on democracy. ..." NB: Well worth reading
the full article. Also see articles it links to to the right.
6nov13
'It's
David Cameron who's rolling over for big corporations in the EU-US
trade deal' "The
investor-state dispute settlement included in the proposed deal is a
scandal – and it shouldn't be blamed on 'Brussels'" David Martin Comment
is free theguardian.com NB: 'David
Martin is Labour MEP for Scotland and a member of the European
parliament's international trade committee'
NB:
4nov13 'This transatlantic
trade deal is a full-frontal assault on democracy' 'Brussels
has
kept quiet about a treaty that would let rapacious companies subvert
our laws, rights and national sovereignty' George
Monbiot 4nov13 Comment is free The Guardian.
Here George Monbiot gives examples of the dangerous payload of the FTA
Trojan Horse in its destructive action mode.
George
Monbiot here amongst other things describes the dangers of the EU-USA FTA
under negotiation: the
Transatlantic
Trade
and Investment Partnership (TTIP). “The European commission
calls it "the
biggest
trade deal in the world".” Big multinational corporations want to
remove differences between EU and US regulations then co-rewrite them to
suit their own interests - a “direct
assault on sovereignty and democracy”:
‘From
Obamacare
to trade, superversion not subversion is the new and very real threat to
the state’ George Monbiot 14oct13 Comment
is free The Guardian.
CETA:
1nov13 'Why
CETA could be a setback for European climate policy - A tar sands
trade deal' - Guest
blog: Stuart Trew, trade campaigner, The
Council of Canadians, in Ethical Consumer, 1nov13. Also re
the EU's Fuel Quality Directive (#FQD).
A
“must read”:
An increasingly tragic example of FTA’s going badly
wrong - in Colombia:
‘Colombian
protests
show cracks in disastrous economic model’
- War on Want - via Brian Woodward of SL WDM. - thanks Brian
for that.
In association with recent FTAs with
USA then EU, the Columbian government is trying to force on its peasant
farmers regulations which favour huge agri-businesses such as Monsanto,
which is understandably causing unrest.
A Canadian
mining company Infinito Gold, is suing Costa
Rica using an investor-state arbitration mechanism, for loss of
potential profits in being stopped from turning
the rainforest into a polluting open-cast mine. The
investor-state clause in this case is part of a Bilateral
Investment Treaty (BIT), the mechanism is essentially the same as
in typical FTAs/BITs, in giving a tribunal the over-riding decision above
local democracy, sovereign law and sovereign policy, even when the latter
aims to protect environment and human health. The clause is designed to
put corporate profits first. Details:
4oct13 'Calgary-based mining company suing Costa Rica for more
than $1 billion' Jeremy Hunka 4oct13 Globalnews.ca
A longer more detailed account: 'All that glitters' - Tyler Hamilton 3oct13,
Corporate Knights
Please sign petition: Protect Costa Rica's rainforests: tell Infinito Gold to
drop the $1b lawsuit - SumOfUs
4oct13 'Canadian
miner will sue Costa Rica for $1bn' Ana Komnenic MINING.com
4oct13 'Calgary-based mining company
suing Costa Rica for more than $1 billion' Globalnews.ca
dec13 'Costa
Rica faces billion-dollar lawsuit to protect rainforest' Wildlife Extra News
TTIP:
'Busting the myths of transparency around the EU-US
trade deal Corporate Europe Observatory 25sep13
The
undemocratic assault from a global trade agenda is bearing poisonous
fruit in the form of EU trade and procurement law
argues Linda Kaucher. Chartist - on EU trade law sep2013
IIAPP – INTERNATIONAL INVESTMENT
ARBITRATION + PUBLIC POLICY a searchable
database of
investment
treaty
cases
http://www.iiapp.org/ The
website
is produced by researchers based at Osgoode Hall Law School of York
University. The
link
tweeted
to me by cupeceta Interesting examples: http://www.iiapp.org/media/cases_pdfs/Glamis_Gold_v_United_States.rev.pdf
outcome good in my opinion.
http://www.iiapp.org/treaties/
is interesting – types of treaties eg BITs FTAs NAFTA ECTs etc
VG example of bad outcome re
environment: http://www.iiapp.org/media/cases_pdfs/Vattenfall_v_Germany.rev2.pdf.
It also raises questions about the impact of investment arbitration on
the ability of governments to adopt or alter environmental measures,
especially following elections. Here, previously-agreed environmental
requirements for the power plant were withdrawn, and the disputed permit
was issued,
SYSTEM CHANGE!NOT CLIMATE
CHANGE systemchange.ca Economy Naomi
Klein, Steven Shrybman, Dr
Peter A Victor, Andrea Peart talk re diff aspects of our system that
drive climate change: http://systemchange.ca/?cat=8 Steven
Shrybman
Practices International Law as a Partner at Sack Goldblatt Mitchell LLP
& talks re FTAs, IPR (Intellectual Property Rights), Globalization
vs localization re climate change, restriction of local governance of
resources such as water etc, Dr Peter A Victor Professor in
Environmental Studies at York University, Canada talks re discusses
low/no growth economics eg re resources refers to Dr Birol of Int.
Energy Agency
Legal
weapon
gives
corporations the edge on governments Law guardian.co.uk 4nov11 re Investor state
dispute mechanism in FTA s. Good egs re threat of CETA
http://www.guardian.co.uk/law/2011/nov/04/corporations-powerful-tool-against-governments
The flaw in Canada’s pursuit
of free-trade deals Troy Media
24oct11
http://www.troymedia.com/2011/10/24/the-flaw-in-canada%E2%80%99s-pursuit-of-free-trade-deals/
http://www.forbes.com/sites/amywestervelt/2011/08/17/gold-rushes-trade-agreements-and-how-companies-sue-countries/
Canada
backs profits, not human rights, in Honduras - thestar.com
http://www.thestar.com/opinion/editorialopinion/article/1040372
CETA's High
Toll on Health-Care
http://canadians.org/publications/CP/2011/summer/health-care.pdf
NAFTA
at 20 The New Spin
FPIF - verdict on whether NAFTA has helped Mexico 14mar13
http://www.fpif.org/articles/nafta_at_20_the_new_spin
EU-US
Transatlantic Trade and Investment Partnership (TTIP)
Transatlantic
Trade
and Investment Partnership (TTIP) - Trade - European Commission
EU-US TTIP: ‘A
trade deal that allows corporations to sue governments is not about
“recovery” - The
proposed
US-EU partnership is likely to strip away rules that protect health and
the environment.’ - David Cronin 26jul13 New Statesman http://www.newstatesman.com/business/2013/07/trade-deal-allows-corporations-sue-governments-not-about-recovery
“It
is
not hard to see the attraction of the planned deal for the cigarette
industry. The European Commission is committed to having a clause in it
that will allow
corporations
to sue governments over
laws
that
constitute a "barrier" to their activities in a specialised court. The
history of arbitration panels resulting from trade liberalisation
agreements is that they are headed by pro-corporate lawyers, not
impartial judges. Last year, the World Trade Organisation ruled that the
US would have to lift
its
ban on clove-flavoured cigarettes,
which have been designed to entice teenagers. Shielding the young
from sweetened carcinogens is not permissible, according to the zealots
of the "free market".”
EU-US
trade
deal to include 'corporate bill of rights'
EurActiv 26sep13 EXTRACT:
“SPECIAL
REPORT / Controversial rights for multinational
corporations to sue states, likely to be included in
the Transatlantic Trade and Investment Partnership (TTIP), are
causing a political headache for EU and US negotiators, but may also
set a precedent for future trade agreements, notably with China.
The TTIP currently being
negotiated includes so-called "investor-state" dispute clauses
empowering EU and US-based corporations to lodge private legal cases
directly against governments.
The European Commission's
proposal for investor-state dispute settlement under the TTIP would
enable US companies investing in Europe to by-pass European courts and
directly challenge governments at international tribunals, whenever they
find that laws in the area of public health, environmental or social
protection infringe their right to do business.
EU companies investing
abroad would have the same rights in the United States.
"Politicians might think
they are acting in the interests of ‘their' investors overseas, but they
are in fact exposing themselves to predatory legal action from
corporations,” according to NGO Corporate Europe
Observatory's Pia Eberhard, who wrote a report on the issue, "A
Transatlantic Corporate Bill of Rights", in June.
. . . ”
Questions and answers (TTIP) - Trade - European Commission http://ec.europa.eu/trade/policy/in-focus/ttip/questions-and-answers/ e.g. “What about
the effect on the environment? The
Commission’s impact assessment found that the overall environmental impact
of a TTIP with the US was likely to be modest. Even if there
were a lot of liberalisation, it forecast only a very limited increase in
global CO2 emissions. It also suggests that other possible negative
side effects of a TTIP – such as increased waste, reduced
biodiversity, and more use of natural resources – should be largely offset
by the benefits of more trade in environmental goods and services.”
FoE Europe Denounces US-EU Trade Agreement as Secretive
and Harmful to People’s Interests 28
de octubre | Entrevistas | Anti-neoliberalismo
Radio Mundo Real
The Transatlantic trade deal will not create
export-led growth 12nov13 ToUChstone blog A public
policy blog from the TUC. re TTIP
15nov13 Re ISDS mechanism, BITs etc: Time's up for outdated treaties
Business 15nov13 Mail & Guardian "South
Africa's
decision to revoke its bilateral investment treaties (BITs)
has caused rather a stir in the investment community. ..."
Leaked document shows EU fear of inferiority in US
trade talks 26nov13 EurActiv
25jul13 'What
impact would a US-EU free trade agreement have on the natural gas sector'
in NATURAL GAS EUROPE, by Trevor Slack, a Senior Analyst for
Europe and Central Asia at Maplecroft, an industry partner of Natural Gas
Europe. Article contains a section headed: "Investor-state
dispute resolution may challenge opposition to fracking". Ref.
via Mel Kelly.
8jul13 'Transatlantic
corporate rights talks begin (in Washington) and continue (in Ottawa)
this week' Stuart Trew, The Council of Canadians.
4jul13 'The
Free-Trade Charade' - Nobel Laureate Joseph
E. Stiglitz explains how multilateral trade negotiations fail
ordinary citizens - Project Syndicate.
29apr13 TTIP: 'ETUC
position on the Transatlantic Trade and Investment Partnership' ETUC.
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--------------------------
Pre-April 2013 ref-links
NB: also read about furore in Canada over investor-state clause in
proposed FTA FIPA / FIPPA - btwn Canada & China - designed to give
Chinese government-owned oil companies the power to over-ride
environmental legislation and First Nations treaty rights if they reduce
potential profits from the tar sands.
FIPA -
Canada China Foreign Investment Promotion and Protection Agreement (FIPA) http://fipafacts.ca/
The Tyee – China Investment Treaty Expert Sounds Alarms in
Letter to Harper 16oct12 Gus Van Harten
** FIPA The Greatest Threat to Canada's Future - YouTube 5apr13
1:55mins http://www.youtube.com/watch?v=bi6IWGzeJTQ&feature=youtu.be
*** Tar Sands and the CETA - by Scott
Sinclair of/for CCPA http://www.policyalternatives.ca/sites/default/files/uploads/publications/National%20Office/2011/10/Tar%20Sands%20and%20the%20CETA.pdf
** Excessive Corporate Rights in
Canada-EU Trade Deal Are Unacceptable to Broad Section of European,
Canadian and Quebec Society 5feb13 http://www.marketwire.com/press-release/-1753125.htm I tweeted re this
* Ottawa
sued over Quebec fracking ban - Business - CBC News 23nov12 http://www.cbc.ca/news/business/story/2012/11/23/fracking-ban-nafta-lawsuit.html NAFTA FTA FIPA FIPPA
[16-Aug-12] Break up the Canada-EU
“omni-trade deal” Merkel’s CETA endorsement will not calm
controversy over drug costs, public procu 16aug12 http://canadians.org/media/trade/2012/16-Aug-12.html#.UC03J8QTam4.twitter
** The Tyee – What's the Big Deal About CETA –
3may12 by Robert Duffy vg refers to assessment by Steven Shrybman
http://thetyee.ca/Opinion/2012/05/03/Secrets-of-CETA/?utm_source=daily&utm_medium=email&utm_campaign=030512
Ontario should call Europe’s bluff on
Green Energy Act - thestar.com Stuart Trew 16jan12 http://www.thestar.com/article/1116574--ontario-should-call-europe-s-bluff-on-green-energy-act#.TxagaG5DA8Y.twitter
IIAPP
–
INTERNATIONAL
INVESTMENT ARBITRATION + PUBLIC POLICY a searchable
database of
investment
treaty
cases
http://www.iiapp.org/ The
website
is
produced by researchers based at Osgoode Hall Law School of York
University. The
link
tweeted to me by cupeceta Interesting examples: http://www.iiapp.org/media/cases_pdfs/Glamis_Gold_v_United_States.rev.pdf outcome good in my opinion.
http://www.iiapp.org/treaties/ is interesting – types of treaties eg BITs
FTAs NAFTA ECTs etc
VG example of bad outcome re
environment: http://www.iiapp.org/media/cases_pdfs/Vattenfall_v_Germany.rev2.pdf. It also raises questions about the impact
of investment arbitration on the ability of governments to adopt or alter
environmental measures, especially following elections. Here,
previously-agreed environmental requirements for the power plant were
withdrawn, and the disputed permit was issued,
Legal weapon gives corporations the edge
on governments Law guardian.co.uk 4nov11 re
Investor state dispute mechanism in FTA s. Good egs re threat of CETA
http://www.guardian.co.uk/law/2011/nov/04/corporations-powerful-tool-against-governments
The flaw in Canada’s pursuit of
free-trade deals Troy Media 24oct11
http://www.troymedia.com/2011/10/24/the-flaw-in-canada%E2%80%99s-pursuit-of-free-trade-deals/
SYSTEM CHANGE!NOT CLIMATE CHANGE
systemchange.ca Economy Naomi Klein, Steven Shrybman, Dr
Peter A Victor, Andrea Peart talk re diff aspects of our system that drive
climate change: http://systemchange.ca/?cat=8 Steven
Shrybman Practices International
Law as a Partner at Sack Goldblatt Mitchell LLP & talks re FTAs, IPR
(Intellectual Property Rights), Globalization vs localization re climate
change, restriction of local governance of resources such as water
etc, Dr Peter A Victor Professor in Environmental Studies at York
University, Canada talks re discusses low/no growth economics eg re
resources refers to Dr Birol of Int. Energy Agency
http://www.forbes.com/sites/amywestervelt/2011/08/17/gold-rushes-trade-agreements-and-how-companies-sue-countries/
Canada backs profits, not human rights,
in Honduras - thestar.com
http://www.thestar.com/opinion/editorialopinion/article/1040372
CETA's High Toll on Health-Care
http://canadians.org/publications/CP/2011/summer/health-care.pdf
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--------------------------
CETA
- the Canada - Europe FTA, the Alberta tar sands etc
CETA - Comprehensive Economic and Trade
Agreement between Canada and the EU. The main negotiation stage has now
ended, and it still includes the ISDS in the investment chapter (the most
dangerous part).
Most of the ref-links in the pre-April 2013 section above concern the CETA
as its negotiations started several years before those for TTIP.
The text below is mostly pasted from my
web-page on the tar sands (mostly re those in Alberta, Canada).
June/July
2011 CETA, the Canada-EU
free trade agreement under negotiation,
threatens to undermine the FQD and give tar sands oil
companies the power to legally challenge any limits we put on
trade in tar sands oil.
Oct11 sequel: 'Tar Sands and the CETA'
- briefing paper by CCPA (Canadian Centre for Policy
Alternatives). NB: "must read": Also see e.g. UK Tar Sands Network on
CETA and refs it links to, including a vg UKTSN briefing
document on the CETA.
CETA (Comprehensive Economic and
Trade Agreement) is a proposed Canada-EU free trade agreement
under negotiation which threatens to legally undermine EU climate
change policy (e.g. the FQD) and increase the already over-large powers of
oil companies etc etc (many devils in the details!). Further information:
17july11 postings:
CETA THREAT: Ongoing
negotiations in Brussels between EU and Canada towards a free trade
agreement (CETA) threaten to hugely increase import of tar sands oil into
Europe if Canada's government has its way, by undermining EU climate
policy such as the Fuel Quality Directive (FQD) and giving power to tar
sands oil companies to challenge UK or EU social and environmental
regulations and policies if they try and limit free trade in tar sands
oil. I recommend you read UK Tar Sands Network's "Keep Europe out of
the Tar Sands" http://www.no-tar-sands.org/campaigns/ceta/ and
it's
link to an excellent CETA-briefing pdf. The write-up of a meeting it
organized during this July's round of CETA negotiations is also very
informative:
www.no-tar-sands.org/2011/07/trading-blows-tar-sands-critics-in-brussels-face-off-with-canada%E2%80%99s-pr-machine/
ACTION: URGENT: Having
read
about CETA you will no doubt wish to do something to remove the worst
clauses (or stop CETA altogther!). Do write to your MP and MEPs, and you
are welcome to base your letter on my email to Tim Farron MP. Copy and paste sections
if you so wish, or use your own words to give it more identity.
26july11: Please
read
my email to my MP re CETA. If you agree with it please
email likewise or similar to your MP. LINK
September 2011 sequel:
It
would
not surprise me if Valero has been in un-reported discussion with the UK
Government as to its prospects for importing Tar Sands products here.
The EU has been trying to restrict import of Tar Sands fuel into
Europe due to its high production carbon emissions - with the Fuel Quality Directive (FQD). But the UK Government is trying
to prevent the FQD from being effective in this aim, now by delaying
re-instatement of an emissions value for tar-sands-derived fuel to
distinguish it from fuel derived from more conventional sources.
Furthermore - UK Government is supporting an "investor-state
clause" within another EU law (sensu
lato) under negotiation (called CETA -
explained below and HERE) - which almost unbelievably will give oil
Corporations (and other corporations) legal powers to sue any
Government or body that restricts their profits in
trading Tar Sands products (or any other products) by means of for
example environmental or climate change legislation such as the FQD.
I have now received a letter back from Government (dated 6sep11, signed by Ed
Davey, BIS) (via my MP)
in reply to my letter regarding the CETA (my 26july posting below) which
shows the Government position continues to be as I have described - it
gives false and flimsy re-assurances with regards Government concerns
about higher emissions fuel sources such as from tar sands, and gives
obvious priority to financial benefits of the CETA to UK GDP (via
free-trade rights to big business). I
recently briefly met my MP Tim Farron (President
of
LibDem Party) to update him on this matter.
Letters from government that try
to be "reassuring" are often anything
but! (hence the ""), and that certainly applies to Ed Davey's 6sep13
letter from BIS (probably written by some boot-licking civil servant (in
effect a corporate servant).
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or CONTENTS
--------------------------
(section of web-page by Henry
Adams on free trade agreements (FTAs) and the dangerous Investor-State
Dispute Settlement mechanism (ISDS))
CLIMATE CHANGE, fracking, tar
sands and FTAs ("Free Trade"and investment Agreements)
The
effect of FTAs such as TTIP and CETA on our ability via democratic
processes to tackle climate change and fracking with legislation,
regulation, policy and governance (including effects on limiting
future growth of a mega-emitter - the tar sands industry).
Answer in brief:
- straight-jacketing our democratic powers to tackle climate change by
an increase in legal powers to oil and gas companies,
- liberalizing export and trade of some of the most carbon-intense
fuels, such as US fracked gas and tar sands products.
(TTIP and CETA are EU-US and EU-Canada FTAs.
ISDS is explained in video below and here)
PRIORITY ACTION:
TTIP and CETA will liberalize trade and extraction of the worst
fossil fuels, so increasing climate change.
FoE makes it easy to urge your MEPs against
this: https://www.foe.co.uk/act/who-wouldnt-reject-toxic-trade-deal
A shortened link to the present
section: bit.ly/FTAclimatefracking
Please first read
this summary pdf: 'The
impact of “Free Trade Agreements” such as TTIP and CETA on climate
change' by me in October 2014, from which I quote:
"If the TTIP and CETA are signed up to by the US and EU member
states without substantial changes, they would result not only in
A: significantly increased carbon emissions, but also B: the
straightjacketing of our democratic ability to implement legislation,
regulations or policy to limit carbon emissions in ways that might
reduce business profits."
(shortcut link to this pdf: www.bit.ly/TTIP-CETA-Climate - easier to
note down to distribute, than full address)
The text below is much more detailed and lengthy than the above pdf -
and provides more supportive evidence. The pdf is a more concise summary
and an easier read to get the main points across.
Summary of impacts: FTAs such as TTIP and CETA, especially
if the lethal ISDS mechanism is not removed, are a huge threat to our
ability to tackle climate change as they increase the power of the big
fossil fuel and high-energy-use companies - especially the
multi-nationals - to increase and legally "lock-in" their obstruction of
climate legislation and global climate agreements. Furthermore, TTIP and
CETA threaten to increase the expansion of destructive, polluting and
high-emissions unconventional methods of oil and gas extraction such as
from tar sands and by fracking etc. Powerful oil interests are using the
TTIP and CETA negotiations to put a stop to any climate legislation they
can label as being a "barrier to free trade", as if ensuring "free
trade" should be presumed as being more important than tackling climate
change! TTIP and CETA will significantly increase carbon emissions if
implemented, and even the EU Commission's studies acknowledge they will
increase emissions.
TTIP will
increase emissions:
Increase in de-regulated trade, resource extraction and consumption
promoted by TTIP and CETA is likely to increase carbon emissions. “In
respect of greenhouse gas emissions, the Commission states that its
preferred outcome from TTIP will add an
extra 11 million metric tons of CO2 to the atmosphere,
challenging the EU’s own emission reduction commitments under the Kyoto
Protocol.” [my bolding]. I here quote War on Want’s Director John Hilary
referring to an EU Commission ‘Impact Assessment Report’ (REF: Section
5.8.1 of ‘Impact Assessment Report on the future of EU-US trade
relations’, Strasbourg: European Commission, 12 March 2013). (The
Barnet
Alliance write re this).
This only refers to the added emissions that the Commission acknowledge
(though effectively ignore).
It
does not include all consequent additions to emissions: makes you wonder
what the real figure will be
if the TTIP is implemented.
Oil
Change International estimate that TTIP by lifting the US ban on
export of US crude oil could increase production of US oil equivalent to
4.4 billion tons CO2
(over 2015 to 2050), and then there's the added emissions from export of
Canadian tar sands products and US shale gas as LNG to Europe...
NEWS / recent articles:
July 2015 'The
Customs Bill: an unacceptable barrier to climate action (Policy Brief)
(July 2015)' by CIEL - the (US) Center for International
Environmental Law - very useful briefing: shows how Republicans are
trying to legally ensure that TTIP is not climate-friendly as opposed to
fossil-friendly, and also gives examples showing how existing FTAs have
been bad for climate. Here's
a direct link to the pdf. Via tweet by FoE's Sam Lowe.
3jul15 'TTIP aim to lift US oil export ban goes
against climate targets' by FoE's Trade Campaigner Sam
Lowe in The Guardian.
FoE TTIP briefing: 'Stop
this Trojan Horse Treaty' https://www.foe.co.uk/sites/default/files/downloads/stop-trojan-treaty-47364.pdf
- Samuel
Lowe, Friends of the Earth: sam.lowe@foe.co.uk,
@SamuelMarcLowe Also see: http://www.foe.co.uk/page/secret-eu-us-trade-deal
3sep14 'The
EU's drive for free energy trade in the TTIP endangers action on
climate change' - Llana Solomon - EnergyPost.eu
17jul14 'New
Report: Trade Talks Threaten to Undermine EU Climate Policy and Bring
Tar Sands to Europe' - Llana Solomon - Director, Responsible Trade
Program, Sierra Club.
'Dirty deals - How
trade talks threaten to undermine EU climate policies and bring tar
sands to Europe JULY 2014' FoEE
web-page pdf
download -
Friends of the Earth Europe. My response to the title: they already
have started the undermining, and tar sands import to EU has already strarted to increase.
'U.S.
Accused of Forcing EU to Accept Tar Sands Oil' Carey L. Biron,
17jul14, Inter Press Service.htm
Background (or scroll down and
watch the excellent 5 minute video first)
The TTIP negotiations are being undertaken at a time when pro-fossil fuel
industry lobbyists and high energy users are having gains in their
influence over the European Commission (EC), such as the EU's
Energy Commissioner Gunther Oettinger, in trying to press their
arguments that the "need" to re-vitalize economic growth in the EU to get
us out of the recession, and to be able to compete in the "global race"
with rising "BRICS" economies especially China, is more important and
urgent than the need to combat climate change - which can be put aside or
diluted for now [e.g. 'EU
eyes softer climate policies to fuel ‘industrial renaissance’' -
EurActiv, 25feb14]. Using the TTIP to remove "barriers to free trade",
such as legislation on transport emissions, is being seen by powerful
"stakeholders" as a means to achieve such "growth". This is despite the
science-based case that strong action on climate change needs to happen
right now and within 5 years or so to have any good chance of keeping
global temperature rise within the internationally agreed 2 degrees
threshold [Refs: e.g. Prof Kevin
Anderson of Tyndall Centre
says we need urgent radical emissions
reductions: video
+ text 'The
why and how of radical emissions reductions' - Kevin Anderson].
The ISDS
mechanism if retained in the TTIP would give big oil
companies the power to “checkmate” climate legislation and
straightjacket future action against climate change. I quote Michelle
Chan, economic policy director for Friends of the Earth U.S. (from FoE’s
Statement on Brussels round of TTIP
negotations 15nov13
www.foe.org): “A TTIP investment chapter would be a corporate power
tool. It would allow Chevron and other energy giants to sue governments
if environmental or other regulations interfere with their expected
future profits by, for example, restricting oil and gas drilling,
imposing pollution controls, or limiting the use of hydraulic
fracturing. This would freeze in place our current dependence on fossil
fuels, and result in climate disaster.” Note: "Chevron is an
official advisor to the U.S. trade representative..." writes
Pia Eberhardt of Corporate Europe Observatory. (Chevron is
reported to be responsible for 3.52% of the total carbon emissions since
1751 [REF.],
has
used ISDS to sue Ecuador, and is pushing for a strongly pro-corporate
ISDS in TTIP p.7 & p.6 respectively).
US is pushing for the regulatory
co-operation chapter (which includes the problematical
"regulatory harmonisation" aim) to contain a complex process for any
embryo future new regulatory changes to survive, which dangerously
includes the opening up of the process at
an early stage to US interests and their lobbying groups and
stakeholders (in US likely to be mostly industry) before even reaching
the democratic stage. This would give for example the US oil and gas
industry the power to delay or block embryo climate regulations before
even our democratic processes (e.g. by MEPs in the EP) or public
citizens can get a say (killing them at birth?). Pia Eberhardt of C.E.O.
(Corporate Europe Observatory) brought this issue up with the Lords
Select Committee on TTIP on 6mar14 [LINK].
It
was also referred to on 11mar14 by Monbiot (6th paragraph) in his
reference to an article
in FT by Shawn Donnan which states "The US is using
transatlantic trade negotiations to push for a fundamental change in the
way business regulations are drafted in the EU to allow
business groups greater input earlier in the process."
The TTIP will give the free trade of fossil fuels a higher priority than
tackling climate change, by legally
preventing the restriction of exports/imports of fossil fuels, and
thus taking away this tool as a means of reducing more burning of
fossil fuels. Here's evidence for this and other threats:
19may14 Leaked evidence that TTIP will hold back action on
climate change: In summary TTIP will "Expand fossil fuel
exports from the U.S. to the EU, and therefore increase fracking and
mining in the U.S.; Limit the ability of governments to set the terms of
their energy policy; and Restrict the development of local renewable
energy programs." - Sierra Club (USA). Here are the ref-links:
19may14 'TTIP:
a blueprint for climate catastrophe? Leaked
EU position paper calls for increase in US fossil fuel exports to
Europe'
19may14 TTIP: 'Read
The Secret Trade Memo Calling For More Fracking and Offshore Drilling'
Huffington Post.
19may14 TTIP: The
leaked EU "draft non paper" on "Raw materials and energy" (pdf)
19may14 TTIP: 'Energy
Trade in the Trans-Atlantic Trade and Investment Partnership: Endangering
Action on Climate Change' joint Sierra Club - Power
Shift statement.
19may14 TTIP: 'Transatlantic
Trade Pact Endangers Action on Climate' - Ilana
Solomon, Director, Responsible Trade Program, Sierra Club, in HuffPost
Green.
19feb14 Useful ref: 'Q&A:
What does the trans-Atlantic trade deal mean for energy?' [and
climate change legislation such as EU's Fuel Quality Directive]
19feb14 Christine Ottery at EnergyDesk, Greenpeace UK. - also links
to other useful refs.
Impact of TTIP and CETA
negotiations on the EU
Fuel Quality Directive (FQD)
I have summarized this in my
brief to Tim Farron MP in July 2014 (pdf) prior to his meeting
with government on TTIP. Shortened link: bit.ly/FTAbriefTimFarron
"The transport sector is responsible for 24% of all the CO2 emissions in
the EU. The road sector alone accounts for 72% of transport emissions in
Europe. What is worse, while emissions from other sectors (i.e. the
industry) went down since 1990 by 32%, those from the transport sector
have increased with about 28%." - Michael Cramer MEP 'Transport
sector is nullifying Europe's climate efforts' 19nov14 in
EurActiv. More recent(?) official EU data gives even higher figures:
More recently Transport
and Environment (T&E) state: "Transport
is almost entirely dependent on oil: it emits 31% of the EU’s total CO2 emissions and will become the biggest source of
climate-changing emissions soon after 2020. The FQD is a key law to
promote cleaner transport fuels and is part of the EU's wider goals to
cut carbon emissions by 20 percent by 2020."
Refers
to the pdf: 'EU
energy
in figures - statistical pocketbook 2014'.
Pressure from US "Big Oil" interests in the TTIP
negotiations has "put the boot in" on EU climate legislation designed to
reduce the rising EU transport emissions (transport emissions are
important in being en route to being the largest emitting sector in the
EU). This 15apr14 article by EurActiv 'The
tar sands mystery and the smoking TTIP gun' tries to reveal the
secretive dirty dealing with oil interests (and assisted by UK e.g. Euractiv
29nov11) that has scuppered the FQD legislation. Can we get it
back into play? Or is the push for the TTIP destroying hopes for any
climate legislation that can be interpreted as being a barrier to the
false principle of "free trade"? Laura Buffet of Transport and and
Environment NGO summarizes the background of the lengthy battle over the
FQD, and why NGOs are now having to take legal action against the
Commission: 'Canada,
Big Oil and the frequently and quietly delayed Fuel Quality Directive'
(28mar14, EurActiv).
The US government under pressure from “Big Oil” has been trying to
eliminate the
FQD climate legislation as being a barrier to free trade profits
(adding to many years of lobbying pressure by the tar sands industry and
its mouthpiece the Conservative Harper government of Canada [FoEE
report 2011], including trade
retaliation threats [Euractiv
2012]). In autumn 2013 Oil Change International stated that "Michael Froman, the US Trade
Representative in charge of negotiating a variety of secretive "free
trade" agreements, is apparently siding with Big Oil in demanding that
Europe weaken its climate laws". They were referring to an article in Huff
Post1.
Quoting EurActiv: "Last July [2013], the US trade representative Michael
Froman told a Congressional House Ways and Means Committee hearing that
the FQD guidance on tar sands was “discriminatory, environmentally
unjustified and could constitute a barrier to US-EU trade.”“We continue to
press the Commission to take the views of stakeholders, including US
refiners under consideration as they finalise these amendments,” he said."
The
EurActiv web-page also has other useful quotes, such as by Canada's
minister Joe Oliver.
As feared, already during the TTIP negotiations the EC has
been persuaded by oil interests and the USA (itself part-captured by “Big
Oil”) to truncate the climate change legislation within the EU Fuel
Quality Directive to discontinue beyond 20202,4, despite the
fact that it has yet to be implemented due to lobbying by tar sands
interests such as oil companies, their financiers (e.g. RBS) and Canada's
Conservative Harper government. Also, LibDem’s Norman Baker was pushing
for delay in implementation until a complex detailed alternative had been
formulated – which would take years to do. These factors combined result
in a squeezing of the potential duration of implementation of the
legislative proposal to maybe zero or very few years.
|
Note that 2020 is the deadline
within the proposed FQD Article 7a for the EU to reduce the
greenhouse gas intensity of transport fuels by 6%. But a 6%
reduction is not asking much by 2020 from a climate point of view,
and we would want more than 6% post-2020. But the oil industry -
in its push for an increase in unconventional feedstocks (more
emitting &/or more risky, & higher EROI) want to minimize
emissions reductions. Also Exxon's chief has openly stated that he
doesn't expect a significant reduction in oil demand by 5050
(presumably betting on Big Oil's lobbying power to ensure
continued political failure to legislate effectively on emissions
from oil use). |
Then at the start of June 2014
it was revealed that pressure by the tar sands industry - this time
especially via Canada's Harper government - negotiators for the EU-Canada
FTA (CETA), had resulted in the EU Commission buckling and diluting the
effectiveness of the FQD until at least around 2016. Canada, with help
from e.g. the UK government, has now been successful in its long battle
claiming that the legal application on trade, of a distinction between the
carbon emissions of tar sands sourced fuel and conventional oil sourced
fuel, is "discriminatory" against Canada's tar sands
industry. NB: Note that this term 'discriminatory' defines one of several
bases on which a company can sue a nation under the ISDS mechanism. I
provide more details (with reference links) of this buckling and diluting
in my tar
sands web-page in its blog section.
And this shows the
urgency for implementation of the FQD, before infrastructure and
associated investments get 'locked-in':
22may14 'Europe to receive its first shipment of
Canadian tar sands' by Sophie Yeo RTCC "Arrival of tar
sands in Spain next week will raise fears that Europe will provide new
market for polluting fuel" <<<
brief and well worth reading - a great summary. The following article
and its ref-links are also a highly relevant "must read" on this topic
and the FQD:
2jun14 'First
tar sands shipment to Europe sparks protests EurActiv "... The 600,000 barrels of
Western Canada Select (WCS) heavy blend crude, is being shipped by the
Spanish oil company Repsol to the port of Bilbao, from where it will be
taken to a nearby refinery in a heavily-populated area.
Europe currently imports around 4,000 barrels per day (bpd) of
tar sands, but studies suggest that
could rocket to 700,000 bpd by 2020, due to the planned Keystone XL
pipeline linking Alberta’s tar sands fields to Texas. ...". And
it's not just the extra carbon emissions: "In
other parts of the world, tar sands refining facilities have been linked
to increased
cancer
incidences near
plants, and also to
respiratory ailments such
as asthma, cardiovascular illness, heart attacks, lung dysfunction and
even premature death. [Tar
sands pollution of air and water.]" << NB: the whole
article should be read, as it relates this event and its context to the
FQD.
NRDC's 'The
Tar Sands Threat to Europe: How Canadian Industry Plans Could Undermine
Europe’s Climate Goals' January 2014 Natural Resources Defense
Council.
Ken Clarke (Minister without portfolio, Cabinet Office)
wrote a letter to Tim Farron MP insisting that TTIP and ISDS pose no
threat to our ability to tackle climate change via democratic processes,
but I point out in my detailed rebuttal that
it already has, and correct him on his claims of fossil fuel
solutions to tackling climate change. Link to pdf: www.bit.ly/FTAhenryKC
The climate change legislation in the FQD
is important for many reasons, and here are some of them:
1.
The transport sector is set to be the EU’s biggest CO2 emitter from 2020,
and quoting EurActiv: "Around a quarter of Europe’s greenhouse gas
emissions come from transport – the only sector in which CO2 output is
increasing – and that figure could rise to 40% of the total by 2020, according
to the European Commission" [EurActiv
ref].
A letter by a variety of concerned
groups to .. in EurActiv states that: "emissions from transport now
account for 25% of the EU’s total greenhouse gas emissions and, by 2020,
will be the largest single source of pollution" 3
Furthermore, the
Fifth
Assessment Report from the Intergovernmental Panel on Climate Change (IPCC
AR5) states that "Transport
accounts
for about a quarter of global energy-related carbon emissions. This
contribution is rising faster than for any other energy end-use
sector. Without aggressive and sustained policy intervention, direct
transport carbon emissions could double by 2050." [LINK
to SOURCE - download the infographic].
2. The FQD if implemented should put a restraint on unconventional
high-emissions oil extraction from e.g. tar sands (such as Alberta tar
sands), and eventually the avoidable/unnecessary pollution by flaring
(e.g. by shale oil extraction from Bakken shale - North Dakota, oil
extraction from Nigeria delta, Russian flaring) which contribute
unnecessary extra GHG emissions. Also tar sands extraction results
in large-scale ecocide and pollution of land and cancer deaths amongst
First Nations, whose treaty rights and human rights are ignored. This has
to be stopped.
3. Oil companies are controlling governments and obstructing climate
legislation. The UK's Conservative-controlled coalition government on
behalf of the oil industry attacks the FQD as "burdensome"
to the oil industry [gov
ref. on "red tape"] as well as being "discriminatory"
against Canada's tar sands industry. The FQD is a useful tool for us to
"turn the tables" here and put everyone's future needs ahead of the greed
of the oil industry and its financial backers and beneficiaries. The FQD
if implemented would send a signal to Obama to stop the Northern section
of the Keystone XL tar sands pipeline being built, and significantly
reduce the foreign market required for the proposed 3 times expansion of
the Alberta tar sands oil (bitumen) production for export.
Here is
a quote from the UK gov's red tape reference above: "C.4 – Costly new
reporting requirements on the oil industry: Fuel Quality Directive:
“Proposed reporting rules under the Fuel Quality Directive would make
the refining industry less competitive” – a large oil company. Problem:
The oil industry is concerned that additional reporting, necessary to
calculate greenhouse gas emissions from fuel, could be costly for UK
refineries, and require sharing of commercial data. ..." [the reporting
though would also apply to other countries' oil industries]. So UK rates
oil company profits as being more important than tackling climate
change.
The CETA and its ISDS: The TTIP is of course not the only FTA that
threatens the FQD. The CETA (Canada-EU FTA), which has already completed
negotiation in 2013 and been approved by the European Commission, is
another big threat to the FQD because 1. Canada's Harper government have
been intensively lobbying for many years against the FQD as being for
example "discriminatory" in free trade jargon against Canada and its tar
sands industry (ref. e.g. FoEE's
2011 report), with threats to use free trade legislative action
against the EU to get their way, and using the
CETA negotiations as a means of stopping the FQD (Euractiv
2012), 2. the CETA still contains an ISDS clause (though yet to be
approved by the European Parliament and EU Member States), and its text
has yet to be made public (presumably to try and dodge democratic
scrutiny). The ISDS would be a powerful weapon in the hands of the tar
sands industry, both if part of the CETA and the TTIP, as it would give
oil companies power to sue the EU if legislation such as the FQD
restricted import of tar sands products into the EU. The ISDS mechanism,
its associated tribunal system and corporate lawyers, are likely to put
the free trade principle and corporate profits much higher priority over
carbon emissions and climate concerns. (I recently had a twitter
conversation with a law postgrad studying the ISDS and related law, and he
referred me to climate denialist articles that he refers to on climate
issues). As you might expect, DECC Minister Ed Davey, when he was a BIS
minister in 2011, wrote to Tim Farron and I in response to my letter on
CETA and the ISDS a very unconvincingly "re-assuring" response (scroll up
to the green-backed text to access a link to his letter).
Some references on recent events in the long battle over the
FQD:
(My tar
sands web-page describes the FQD)
- 'Michael
Froman, Top U.S. Trade Official, Sides With Tar Sands Advocates In
EU Negotiations' Kate Sheppard, Huff Post Politics, 24sep13.
Oil Change International - The Price of Oil referred to this article
when it stated in its action (using template email) HERE
that "Michael Froman, the US Trade Representative in charge of
negotiating a variety of secretive "free trade" agreements, is
apparently siding with Big Oil in demanding that Europe weaken its
climate laws". I joined in this action and tweeted: @USTradeRep
DO NOT INTERFERE with EU #FQD
climate law. We in UK are watching you @BarackObama
@NoTarSands
http://action.priceofoil.org/p/dia/action3/common/public/?action_KEY=14338&tag=twitter … #NoKXL
Another possible tweet wording: I demand @USTradeRep
stop paving the way for #KeystoneXL
by weakening EU's climate laws http://bit.ly/1bcyis8 @priceofoil
#nokxl
#tarsands
- 'EU
roadblock to transport fuel decarbonisation', "The EU could be
on the verge of watering down plans to decarbonise transport"
Christine Ottery, EnergyDesk, Greenpeace, 20jan14
- 'Strange
bedfellows unite to defend Fuel Quality Directive' EurActiv
20jan14.
- ‘Carbon
Briefing Who killed the EU’s transport fuel standards’ Ros
Donald 30jan14 Carbon Brief.
- ‘Parliament
endorses continuation of Fuel Quality Directive, emphasizes its
importance’ Transport & Environment 5feb14
Document by me on impact of
TTIP, CETA and ISDS on climate change: www.bit.ly/TTIP-CETA-Climate
- document version of a poster display shown at SGR conference (SGR =
Scientists for Global Responsibility) in 2014. A more recent modified
version of this was published on the Parliamentary Environment
Audit Commission (EAC)'s website as part of written evidence on
the impact of TTIP on the environment HERE (as html) and as a pdf. FoE's submission HERE
(as html page) and HERE
(as pdf) covers not just climate change but also other
environmental impacts. [Note: since I wrote my submission, 2 bits of
good news mean I must write updates here: 1. the FQD's may
continue post-2020 (Barroso's agreement to end it appears to
have been over-ruled under the new Commission's period of office) and 2.
Chevron has withdrawn from its push for fracking in several European
countries (at least for now)]. This
link is to Dept BIS's response on 24th July 2015 to the EAC
report.
July
2015: This
link is to a pdf [or try www.bit.ly/TTIPclimateBearder]
comprises a thread of correspondence and meetings of Henry Adams with
Tim Farron MP mainly on TTIP and
climate change, also on separate court systems (ISDS &
"ISDS-lite"), with added correspondence with Catherine
Bearder MEP, and the GreenLibDems
(Catherine Bearder [SE England] is the Liberal Democrat Party’s only
MEP - and is also in the GreenLibDems). This thread mainly concerns
the European Parliament's plenary
voting for a resolution on TTIP which took place on
8th July 2015. The resolution
report was a Trojan Horse in that it contained text promoting the
liberalization of export of oil and gas from the US (see link for
details). Thus not just the US trade rep., but also the EU
Commission, and the EP's resolution report, are urging for TTIP to
be pro-oil/gas (and thus anti-climate).
On fracking:
(another unconventional method of extracting fossil fuels that should be
left in the ground)
US
or Canadian fracking companies could use the ISDS in the TTIP to
challenge and neutralize any existing regulatory controls on fracking,
or "chill" any potential regulations from being formulated. For
example - this could potentially be used in the UK by the U.S. oil and
gas company Halliburton (involved in the well failure of BP's Mexican
Gulf disaster), which is partnering with the Celtique Energie fracking
company in Southern England. Canada is already being sued by a
fracking company using the ISDS in NAFTA, as a result of Quebec's
moratorium against fracking (the suing is by a US subsidiary of a
Canadian company - Lone Pine Resources Inc.).
Also bear in mind that Chevron is both an official advisor to the US
on TTIP, and is pushing fracking on European countries with disregard
to local democracy [Romania
example]. It is hardly surprising that US oil and gas companies
are pushing for a strong ISDS.
The following report by C.O.E and FoEE, and video and summaries
referring to it, go into this threat in more detail:
Well
worth reading:
11mar14 TTIP: 'EU-US
trade deal Big Energy’s backdoor plan to expand fracking' vg
summary by Pia Eberhardt of C.O.E. on WDM website.
6may13 CETA: 'The
right to say no EU–Canada trade agreement threatens fracking bans'
Corporate Europe Observatory.
6mar14 TTIP: 'Report
Exposes How the TTIP Could Expand Fracking in U.S. and Europe'
Brandon Baker, EcoWatch. Refers to:
6mar14 TTIP: 'No
fracking way - how the EU-US trade agreement risks expanding
fracking' Corporate Europe Observatory, - links to this pdf:
'No
fracking way: how the EU-US trade agreement risks expanding
fracking' (pdf download) - by Friends
of the Earth Europe, the Sierra Club, Corporate Europe Observatory and others.
Excellent
5 minute video:
NO
FRACKING WAY | How the EU-US trade deal risks expanding fracking in
Europe and the US | news release [2014] from SourcedTV
on Vimeo.
'A trade agreement currently being
negotiated between the US and the EU could open the way to multi-billion
euro lawsuits from companies wanting to expand “fracking” for shale gas
and oil, reveals a new report today. As part of the proposed investor
rights chapter in the EU-US trade deal, companies could be allowed to
sue governments, through a binding arbitration system that operates
outside national frameworks, if they attempt to regulate or ban
fracking. Campaigning groups are urging the EU to not include such
rights in the trade deal.'
25jul13
'What
impact would a US-EU free trade agreement have on the natural gas
sector'
in NATURAL GAS EUROPE, by Trevor Slack, a Senior Analyst for
Europe and Central Asia at Maplecroft, an industry partner of Natural
Gas Europe. Article contains a section headed: "Investor-state dispute
resolution may challenge opposition to fracking". Ref. via Mel Kelly.
What should be done?
Obviously the dangerous ISDS should be removed from both the TTIP and CETA
as number one priority, and this website gives you resources to have your
say on this.
The section on ISDS above (via CONTENTS) gives further details about the
ISDS.
Jump
to the ACTION by YOU section if you want
help persuade your MP or MEP that the ISDS should be removed.
Or if you're short of time jump straight to the template
email: www.bit.ly/FTAemailMP
- quick and easy!
Do bear in mind that though we had a period of "consultation" over the
ISDS in TTIP, there has been no such consultation on the ISDS in the
CETA (EU-Canada FTA) - an FTA which has received less attention than the
TTIP. The CETA has completed the main negotiation process in 2013 and
has been agreed to by the European Commission with the ISDS in place.
Incredibly and worryingly, the CETA's ISDS text has not yet been made
public (correct in January 2014; sequel: leaked in c.summer 2014). We
must insist that it is ASAP, and well before it has been approved by the
EP and the Member States.
Any trade agreement should have at its core climate legislation or an
agreement that facilitates and ensures urgent action on climate change -
mainly the urgent reduction in carbon emissions. This especially applies
to trade because increase in trade and consequent resource extraction and
consumption results in increase in emissions unless there are mechanisms
in place for decoupling these and decreasing the latter. Furthermore, the
global cost of transport emissions are unaccounted for at present (and
disregarded as an externality). A trade agreement should aim for these to
be taken into account, as increased trade will obviously increase them.
FTAs increase the shifting of labour-intensive processes to where-ever
labour is cheapest, which can sometimes result in extra transport and thus
carbon emissions - which should be accounted for by companies when they
consider whether to do such shifting. Trade agreements in summary must be
designed not to produce a net increase in carbon emissions. However - I
could not find the words climate, carbon or emissions in several official
documents summarizing the aims of the TTIP, when I used a 'find' text
search on them. And:
Furthermore, TTIP
will increase emissions: The
Barnet
Alliance write: "As
far as greenhouse gas emissions are concerned the European
Commission’s EIA states that its preferred outcome ofTTIP would result
in an extra 11 million metric tonnes of CO2 being
put into the atmosphere, thus challenging the EU’s commitments under
the Kyoto Protocol." That's the E.C.'s estimate, which
does not include all consequent additions to emissions:
makes you wonder what the real figure
will be if the TTIP is implemented. Phil Fletcher of Barnet Alliance
informed me that this text is from "p 21 note 34 ibid section 5.8.1"
from John Hilary's 'THE
TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - A CHARTER FOR
DEREGULATION, AN ATTACK ON JOBS, AN END TO DEMOCRACY' February
2014. This refers to the source as '‘Impact Assessment Report on the
future of EU-US trade relations’, Strasbourg:
European Commission, 12 March 2013'.
(The need for decreasing emissions especially applies to TTIP and CETA
because Europe and "The West" are historically the main culprits for the
accumulative increase in man-made GHG emissions and have a "carbon debt"
to the power nations such as in "The Global South" who emit a lot less per
person but are impacted the most.)
IDEA re CARBON ACCOUNTING & CARBON COST: If a company tries to sue a
government for loss of profits due to regulations (which of course is
absurd and shouldn't be facilitated by e.g. an ISDS mechanism), the
negative externalities, at least as regards carbon emissions, should be
internalized into the profits-foregone calculation right from the start. I
emailed LibDem's MEP spokeswoman on human rights on this (Sarah Ludford
[update: she lost her MEP seat c.22may14]): "If a company is successful in
claiming its future profits foregone, are negative externalities such as
carbon costs deducted from those lost-profits – calculated by a
respectable carbon costing consultancy? (measure: SCC – Social Cost of
Carbon)....". Please read the rest of this if interested: it's very
relevant here: www.bit.ly/FTAhumanrightsLudford
(pdf).
On fossil fuel subsidies - a major driver
of carbon emissions:
'Using
the Transatlantic Trade and Investment Partnership to limit fossil fuels
subsidies' 9 January 2014 - Discussion Paper - The Greens | EFA In the
European Parliament.
Bear in mind:
The U.S. government and much of Congress has been 'captured' by huge
corporations, and fossil fuel multinationals have a powerful influence on
the U.S. negotiating pressures on the TTIP.
Climate change legislation is regarded by fossil fuel multinationals as a
barrier to free trade that needs to be removed, blocked or chilled by the
FTAs such as TTIP and CETA.
At least one of these corporations - "Chevron is an
official advisor to the U.S. trade representative..." writes
Pia Eberhardt of Corporate Europe Observatory.
The ideologies that form pre-conceptions underlying or
"justifying" the free-trade agreements such as neoliberalism, going for
growth, reducing the size of governments (de-regulation / dismantling of
governance), etc are fundamentally flawed and are steering and pushing in
the opposite direction of what is needed to tackle climate change.
Here is an extract from 11nov13
letter
(pdf) re TTIP/TAFTA to Obama, Barroso, Van Rompuy which has
many signatories of NGOs etc from both sides of the Atlantic:
"Climate
Security: Any agreement must provide policy space for signatory
countries to respond to the emerging climate crisis and facilitate a
transition to more sustainable consumption and production patterns. To
advance sustainability and avert catastrophic climate change, trading
partners must have the policy space to adopt tax policies, mandatory
performance standards, carbon and pollution regulations, schemes for
self-generation or "feed-in" electricity tariffs, procurement policy that
gives preference to renewable energy and green products, renewable energy
standards, or other policies without being subject to challenge under the
agreement."
Other Carbon-emissions-related
connections re TTIP or CETA
LNG from U.S. fracked gas,
if imported to EU would be ultra-high life-cycle-emissions gas because it
would have 2 big additions to its carbon footprint as compared with
non-liquefied locally sourced natural gas: 1. fugitive methane emissions
from open fracking-flowback pits and other leaks in the U.S. made worse
due to inadequate U.S. regulation of fossil fuel industry, 2. LNG
conversion process (and associated shipping) is carbon-intensive.
Nonetheless, ignoring these facts: [Reuters
ref 11mar14] "at trade talks in Brussels this week, EU
negotiators will press U.S. counterparts to agree a framework to make it
easier for the country's liquefied natural gas (LNG) to flow to the European
Union, EU officials said. "One of the solutions to the European
Union's energy dependence on Russia is the Transatlantic Trade and
Investment Partnership," EU trade spokesman John Clancy said. "The crisis in
Ukraine can help to focus minds." The United States has begun granting
licences to export LNG, but progress has been slow because of price concerns
and industrial lobbying to keep most of the gas for domestic use in the
United States."
Also: 'European
leaders [Presidents of E. Commission and E. Council] ask Obama to allow
increased exports of US shale gas' Ian Traynor 26mar14 The Guardian.
He writes: 'While European
access to the US shale gas revolution is currently constrained by American
licensing procedures, a successful conclusion of ongoing ambitious trade
talks aimed at creating a transatlantic free trade area would also hasten
European access to American gas.'
Thus EU leaders and TTIP negotiatiors are ignoring the importance of
reducing carbon emissions and climate change.
----------------------------------------------------
Aviation emissions:
unclear of direct connection to TTIP but the timing is suspicious:
4mar14 Another bit of EU climate
legislation is blocked by free-trade threats: 'EU
agrees draft plan for aviation emissions' - EurActiv, 5mar14: "The
European Union on Tuesday (4 March) reached a preliminary deal on a law
that will exempt long-haul flights from paying for carbon emissions until
2016, EU sources said. The deal is a further weakening of the bloc's
stance following immense international pressure and threats of a trade
war. ...". Thank you Chris Davies MEP for trying to curb aviation
emissions but it looks like tough action is being traded away for more
trade.
------------------------------------------------------------------------------------------------------------------------
BACK TO TOP of
page or CONTENTS
--------------------------
Free
Trade Agreements, Bilateral Investment Treaties and human rights
- especially the impact of FTAs and
BITs on human rights
27feb16 UN
says the TPP threatens Indigenous rights - The Council of Canadians.
'
"The Trans-Pacific Partnership agreement, better known as the TPP,
seriously threatens indigenous land rights, as well as the natural
resources they preserve, U.N. Special Rapporteur on the Rights of
Indigenous Peoples Victoria Tauli-Corpuz said.'
16oct15 Nick Dearden of GJN summarizes statement by UN expert: TTIP
is a ‘revolution against international law’, says UN Expert and
links to the transcript:
At the UN's Human Rights Council session of 16sep15 UN expert de Zayas
says that the ISDS should be abolished:
Statement of Mr. Alfred-Maurice de Zayas Independent Expert on the
promotion of a democratic and equitable international order at the Human
Rights Council 30th Session, Geneva, 16 September
2015 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16461&LangID=E
"At another event the UN Human Rights expert pointed to the need for Human
Rights to take precedence over treaty law, that ISDS in TTIP contradicts
HR law, and that the US connecting the disallowing of any anti-Israel
boycott to its Fast Track legislation negates freedom of speech."
c.October 2015 by LK
'UN
calls for suspension of TTIP talks over fears of human rights abuses'
by Phillip Inman, economics correspondent, Guardian, 4&5may15.
'Privatising
public services is no way to fund sustainable development'
Mark Dearn and Meera Karunananthan, Global development The
Guardian. "With trade and investment deals often enabling firms to sue
states for putting the public good before profit, we privatise water and
sanitation services at our peril" - because profit motive removes
incentive to serve the poorer communities, which has led to human rights
violations in poorer countries.
There is plenty of evidence of
human rights abuses brought about by FTAs, and the Columbia example (3rd
ref down in google search below) is a good example.
20may14: My email debate with Sarah Ludford MEP (LibDem,
London) - human rights spokeswoman and strong supporter
of the TTIP (even supports the ISDS): TTIP-ISDS-humanrights-emails-SarahLudfordMEP.pdf
I've 10jul14: pdf of my letter I
emailed to Tim Farron MP re the UK-Colombia BIT requesting he vote against its
ratification, as it does not adequately address human rights
and related sustainable development reasons, and its ISDS
gives too much power to multinational companies:
http://www.dragonfly1.plus.com/UK-Colombia-BIT-HenryToTimFarron.pdf
Trade
campaign at the World Development Movement -
World Development Movement - gives an overview of the
effect of FTAs on poor people in poor countries, such as
small farmers.
I've already shown, such as in the
section above on
ISDS, evidence
of impacts of this FTA clause and other aspects of FTAs
on human rights such as the increased power FTAs give to
foreign extraction companies to displace indigenous
communities, pollute their water or remove their
sustainable livelihoods by environmental destruction.
Brian
Woodward pointed me to a new book which I have yet to
read but on brief inspection looks like being a good
resource on the impact of FTAs on human rights:
'The Violence of
Development - Resource Depletion,
Environmental Crises, and Human Rights Abuses in
Central America' by Martin
Mowforth, Plymouth University, Pluto Press.
The link is to the companion website for the
book.
I'll here collate other references
on the impacts of FTAs on human rights.
'Free
Trade Agreements and human rights' - The
Greens European Free Alliance, shows that the EU
is not showing a good example. It is not just the US and
Canada that are the bad guys.
A
“must read”:
An increasingly tragic example of FTA’s going badly
wrong - in Colombia:
‘Colombian
protests
show cracks in disastrous economic model’
- War on Want - via Brian Woodward of SL WDM. - thanks Brian
for that.
In association with recent FTAs with
USA then EU, the Columbian government is trying to force on its peasant
farmers regulations which favour huge agri-businesses such as Monsanto,
which is understandably causing unrest.
Note how the main push of FTAs is for de-regulation
of laws protecting us and the environment from collateral
damage by corporations (when wanting to increase profits by
externalizing costs to us), but the parts of the FTAs increasing
regulations are those parts designed to protect corporations
from fairness and genuine free trade for poorer people, such
as in the use of seeds, by excessive IP rights for
agri-businesses.
'DOSSIER
COLUMBIA' pdf report by Laura Rangel (lawyer, Columbia)
for Transnational Institute TNI
- May 2012. "Organisations and trade unions in Colombia and in
Europe, including the European Trade Union Confederation
(ETUC) and the International Trade Union Federation (ITUC)
have frequently argued against the EU-Colombia
Free Trade Agreement. They state that it implies gross violations of human rights,
and the rights of trade unionists in particular. Colombia has
the highest number of trade union murders in the world. Also
from the parliamentarian side critiques are being articulated.
A broad range of Latin American and European parliamentarians
are against the agreement because they argue that the benefits
for the European investors can never be prioritized above
human rights. They point to the numerous farmers and
communities of indigenous peoples that are expelled from their
lands for mining and palm oil plantations. This dossier maps
out the situation in the mining industry, dairy and palm oil
sectors and looks at the possible implications that the FTA
will have for those sectors."
Google
results of free trade agreements human rights:
-
www2.warwick.ac.uk/fac/soc/law/.../humanrightsimpactassessments/trade...
17 Jan
2014 - He
also delivered a second presentation named Human Rights Impact
Assessments of Free Trade
Agreements: What is the State of the Art?
-
en.wikipedia.org/wiki/Human_Rights_Impact_Assessment
Human Rights Impact Assessment
is a process for systematically identifying, .... The
Canada–Colombia Free Trade
Agreement, requires the governments of ...
-
en.wikipedia.org/wiki/United_States–Colombia_Free_Trade_Agreement
Jump to Allegations
of human
rights violations - [edit].
In the first 10 months of the Santos administration in
Colombia, 104 labor and human rights activists ...
[- useful ref on human rights
abuses]
-
www.colombia-eu.org/en_GB/background/political-provisions
The agreement sets out both human
rights and
sustainable development obligations, endeavouring to reinforce
the solid progress that has already been ...
-
www.ilo.int/global/...and.../free-trade-agreements...rights/.../index.htm
Since
the beginning of the 1990's, the need to create a minimum
social foundation for the development of trade - one that
guarantees certain safeguards against ...
-
14 Feb
2011 - The human
rights promoted
in these agreements include privacy rights, political ... If
we add the US FTAs –Israel to the
GSP 131 plus 16=147.
-
irpp.org/en/po/.../human-rights-and-a-canada-china-free-trade-agreemen...
One
of Canada's main foreign policy objectives is to promote human
rights and
democracy in regimes that exhibit high degrees of political
repression. We argue ...
-
papers.ssrn.com/sol3/papers.cfm?abstract_id=2140033
3 Sep 2012
- ...
the EU's trade agreements have included a 'human
rights clause'
requiring the ... Development Obligations in EU Free Trade
Agreements ...
-
www.greens-efa.eu/free-trade-agreements-and-human-rights-8750.html
6 Dec 2012
- Free Trade
Agreements and human
rights. the EU's double standards. In its meeting
today, the European Parliament's Development
Committee ...
-
www.academia.edu/.../Human_Rights_Provisions_in_Trade_Agreement
This
chapter of a handbook on Free Trade
agreements examines
how human
rightsprovisions are slipping into a growing number of FTAs.
www.refworld.org/docid/534bd8cc16.html
7 Mar 2014 - EU-Vietnam Free
Trade agreement must
protect human
rights and
be preceded by a human rights impact
assessment ...
www.huffingtonpost.com/.../the-uscolombia-fta-bad-deal_b_983780.ht...
4 Oct 2011 - In
Washington, Congress is nearing a vote on the U.S.-Colombia free trade
agreement. Human rights,
labor, environmental and faith-based ...
Free trade,
while opening world markets, is feared in many quarters as ...
that multinational companies lobby for international trade agreements that foster the race
... By 2009, according to Dovey, 242 companies had a human rights policy, and ...
[PDF]
www.hks.harvard.edu/.../workingpaper_57_lang%20FINAL%20APRIL...
While trade liberalization can
drive improvement in human rights conditions, ...
Specifically, some have argued that trade agreements may be a useful tool
in this ..... EPZs (including single factory and hybrid EPZs) from Free
Trade Zones, ...
[PDF]
www.europarl.europa.eu/.../EXPO-JOIN_ET(2014)433751_EN.pdf
1.1
EU POLICY ON HUMAN
RIGHTS CLAUSES
IN TRADE AGREEMENTS .... the practice of other countries' free trade
agreements, proposes a mechanism that ...
worldtradelaw.typepad.com/.../human-rights-in-trade-agreements.html
6 May 2010 - Canadian
opposition lawmaker Scott Brison, whose proposal to includehuman
rights reviews
in a free
trade accord
with Colombia may win its ...
[PDF]
www.ccic.ca/_.../apg_2012-05-14_brief_CCOFTA_Human_Rights_Imp...
15 May 2012 - 1. Americas
Policy Group Briefing Note: The Canada-Colombia Free Trade
Agreement. Human Rights Impact Report.
Summary: On May 15th ...
www.counterpunch.org/.../how-the-colombia-trade-agreement-accelerate...
21 Dec 2012 - How the
Colombia Trade
Agreement Accelerates Human
RightsAbuses. ... and human rights community, submitted
the Colombia Free
Trade ...
www.cambridge.org/...trade.../law-and-development-perspective-internat...
Intellectual
property rights, trade, and economic development Bryan Mercurio
... FTAs,
developing countries, and human rights conditionality
Anthony Cassimatis
https://www.kluwerlawonline.com/abstract.php?area=Journals&id...
Lorand
Bartels, 'Human
Rights and
Sustainable Development Obligations in EU Free Trade
Agreements' (2013) 40 Legal Issues of Economic Integration,
Issue ...
In
an age of globalization, free trade should be synonymous
with prosperity for all. ... The Future of Human Rights Impact Assessments of Trade
Agreements.
www.codev.org/.../canadas-first-report-on-human-rights-impact-of-colo...
18 May 2012 - Such an
assessment would not only help to illuminate what effect a free trade
agreement would
have on the ongoing human rights crisis in
that ...
Through
new rules on intellectual property rights, agreements currently under ...
Extraordinary Work of Art Puts Human Face
on Global Economy National Labor ...Rights in Export Processing
Zones International Confederation of Free Trade ...
[PDF]
digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1060...
by
KJ Fandl - 2014
18 Feb 2014 - Human
Rights and
Development Journal by an authorized ... the design and
negotiation of free trade
agreements between
the United.
www.saflii.org/za/journals/LDD/2008/11.pdf
For
example, the Global Exchange states: “By promoting the free trade agenda of ....
explore the human
rights implications
of two controversial WTO agreements:.
[DOC]
www.twnside.org.sg/.../FTAs/.../Thailand'sFTAsAndHumanRightsObligat...
Thailand's Free
Trade Agreements and Human
Rights Obligations.
Prepared by FTA Watch Thailand, March 2005, for Submission to the
84th Session of the UN ...
books.google.co.uk/books?isbn=023061261X
As human
rights NGO
participation in the struggle against hemispheric ... fact that free
trade agreements led
to widespread violations of human rights—income ...
www.oxfordscholarship.com/.../acprof-9780199578184-chapter-24
This
chapter explores whether EC Free Trade and Investment Agreements (FTAs)
present a new, alternative model for addressing human rights in foreign ...
www.fta-eu-latinamerica.org/.../free-trade-agreements-and-the-limits-of-t...
International human
rights law
clearly establishes that human rights take precedence over
States` other international commitments. ICTUR (International
Center ...
cadmus.eui.eu/handle/1814/27661
by
D KLEIMANN - 2013
Lorand
Bartels, secondly, examines how the EU, by means of 'human
rights ...
for a Transatlantic Free Trade
Agreement, Elisabeth Roderburg - 81 • Exporting ...
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Miscellaneous
items appendix
Twelve
leverage points - Wikipedia. Interesting.