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June 27, 2015

How the Trans-Pacific Partnership Gives Corporations Special Legal Rights

By David Sirota

Opponents of the TPP say the new deal would do little to increase enforcement, and much to give companies special rights. Sure, corporations may still be considered people under U.S. domestic law -- but under American trade policy, they get far more rights than almost everyone else.

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Reprinted from Nation of Change


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In promoting a proposed trade pact covering 12 Pacific Rim nations, President Obama has cast the initiative as an instrument of equity. The Trans-Pacific Partnership would, in his words, "level the playing field" and "give our workers a fair shot." But critics argue that within the hundreds of pages of esoteric provisions, the deal -- like similar ones before it -- includes a glaring double standard: It provides legal rights to corporations and investors that it does not extend to unions, public interest groups, and individuals.

Recently leaked drafts of the agreement show the pact includes the kind of Investor-State Dispute Settlement (ISDS) provisions written into most major trade deals passed since the North American Free Trade Agreement. Those provisions allow companies to use secretive international tribunals to sue sovereign governments for damages when those governments pass public-interest policies that threaten to cut into a corporation's profits or seize a company's property.

But also like past trade deals, the TPP is not expected to allow unions and public-interest groups to bring their own suits in the same tribunals to compel governments to enforce labor, environmental and human rights laws.

The discrepancy is a deliberate effort to make sure trade policy includes a "tilt toward giant corporations," Sen. Elizabeth Warren, D-Mass., said.

"If a Vietnamese company with U.S. operations wanted to challenge an increase in the U.S. minimum wage, it could use ISDS," Warren wrote in a Washington Post op-ed in February. "But if an American labor union believed Vietnam was allowing Vietnamese companies to pay slave wages in violation of trade commitments, the union would have to make its case in the Vietnamese courts."

The Obama administration argues that concerns from TPP opponents are exaggerated because to date the federal government has "never once lost an ISDS case."

But those opponents counter by noting that those cases are on the rise across the globe.

While trade deals include rhetoric saying the international tribunal process is not designed to undermine public interest policies, some of the cases brought by corporations have directly targeted those laws.As the United Nations reported recently, ISDS cases "have proliferated in the past 10-15 years, with the overall number of known treaty-based arbitrations reaching 514."

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Authors Bio:

David Sirota is a full-time political journalist, best-selling author and nationally syndicated newspaper columnist living in Denver, Colorado. He blogs for Working Assets and the Denver Post's PoliticsWest website. He is a Senior Editor at In These Times magazine, which in 2006 received the Utne Independent Press Award for political coverage. His 2006 book, Hostile Takeover, was a New York Times bestseller, and is now out in paperback. He has been a guest on, among others, CNN, MSNBC, CNBC and NPR. His writing, which draws on his extensive experience as a progressive political strategist, has appeared in, among others, the New York Times, the Los Angeles Times, the San Francisco Chronicle, the Baltimore Sun, the Nation magazine, the Washington Monthly and the American Prospect. Sirota was a twice-a-week guest on the Al Franken Show. He currently serves in a volunteer capacity as the co-chairperson of the Progressive States Network - a 501c3 nonpartisan organization.

In the years before becoming a full-time writer, Sirota worked as the press secretary for Vermont Independent Congressman Bernard Sanders, the chief spokesman for Democrats on the U.S. House Appropriations Committee, the Director of Strategic Communications for the Center for American Progress, a campaign consultant for Montana Gov. Brian Schweitzer and a media strategist for Connecticut Senate candidate Ned Lamont. He also previously contributed writing to the website of the California Democratic Party. For more on Sirota, see these profiles of him in Newsweek or the Rocky Mountain News. Feel free to email him at lists [at] davidsirota.com Note: this online publication represents Sirota's personal views, and not the official views of the organizations he works with.



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