General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhy does the Administration Waste So Much Political Capital on Corporate Rights?
The Administration is tying itself in knots defending the corporate court of ISDS (investor-to-state dispute settlement). It has no real backers outside Wall Street, the US Chamber of Commerce, NAM, and other giant business conglomerates. So we need to keep asking ourselves why or why didn't Obama take one look at this messed up system and throw it out if he was truly committed to a new set of trade rules? So far, they don't seem all that different after all.
http://infojustice.org/archives/34113
Dizzy Yet? The Spin on Investor State Dispute Settlement Just Doesnt Stop
Introduction: Recently the United States Trade Representative (USTR) released a memo to reporters with Q&As on Investor-to-State Dispute Settlement (ISDS). ISDS is a mechanism by which foreign investors can challenge national governments, alleging that the government violated their investor rights. These rights include the right to be fairly compensated for expropriated property and to non-discriminatory treatment, but also the right to a minimum standard of treatment, which includes fair and equitable treatment and full protection and security and the right to be free from performance requirements.
While these may sound reasonable, in fact these are extremely broad legal rights, many of which are not clearly defined in domestic law. The challenges take place not in domestic courts, but in international arbitration panels that do not apply domestic law. There are numerous investment treaties in existence, but their proliferation does not make them harmless. There are lots of rats and mosquitoes in Washington, D.C., yet you find few defending them based on their capacity to reproduce successfully. You can read the U.S. Model Bilateral Investment Treaty, which embodies the Administrations position on ISDS and other protections for investors, here.
ISDS Tilts the Playing Field in Favor of Investors by Providing a Separate Justice System
The memo claims that ISDS does not tilt the playing field in the United States further in favor of big multinational corporations. But it fails to explain exactly how a system that is only open to foreign investorsand no one else in our societyisnt a giveaway of power to that particular group. The argument that separate systems of justice constitute a level playing field doesnt pass the laugh test. Reporters and citizens should ask who is demanding the special right to bypass domestic courts and why.
ISDS Provides Rights Far Outside of U.S. Law
The memo then claims that ISDS provides protections for a limited and clearly specified set of basic rights like non-discrimination and compensation in the event of an expropriation that are already consistent with U.S. law. This statement is not correct. The U.S. ISDS model requires countries to provide foreign investors a minimum standard of treatment, which includes fair and equitable treatment and full protection and security. The concepts of minimum standard of treatment and fair and equitable treatment are international law vague, ill-defined concepts that do not exist in U.S. law and are not interpreted according to U.S. law. And even the basic protections of U.S. law are interpreted differently by international tribunals than by U.S. judges using U.S. case law.
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ISDS is a Far More Powerful Process than the One Used for Labor & the Environment
The memo then compares ISDS to the dispute settlement provisions used for labor and environmental disputes. In fact, there is no comparison. The arbitration procedures for labor, environmental, and other commercial disputes in trade deals are government-to-government, which simply means the dispute involves the elected governments of two countries, like the U.S. and Guatemala. Workers whose rights are violated (as is currently happening in Guatemala, Honduras, and Colombia) cant bring a claim on their own. We have to petition our governments to do soand wait indefinitely for a response. But under ISDS, foreign investors, such as Occidental Petroleum, Chevron, or The Renco Group, can bring cases directlyno government middleman required.
More at link . . .
The key question the post asks is: "Are these the values that the U.S. really wants to promote in the world through its trade deals?"
Ask yourself. Are they? If so, why? If not, why not?
samsingh
(17,598 posts)SamKnause
(13,103 posts)techniques have been used all over the globe !!!!
They are now being used in the U.S. !!!!!!!!!!
What your government will do to another country it will eventually do to your country.
The elites who control the world do not care about poverty, low wages, homelessness, or unemployment.
They are robbing the workers of the world blind and the leaders around the globe are allowing it.
Global corporations have more rights than living breathing humans.
OrwellwasRight
(5,170 posts)our President is promoting this or at least allowing it through his promotion of the TPP. This is not OK.
SamKnause
(13,103 posts)You can tell by his appointments he supports the Milton Friedman Shock Doctrine policies.
JDPriestly
(57,936 posts)The US Constitution provides for the resolution of disputes between foreign nationals or corporations and the US.
Article III
Section 2.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
https://www.law.cornell.edu/constitution/articleiii
We do not need these trade courts. We should not sign agreements that provide for these courts. This may be hard to understand, but it is essential that commercial disputes be resolved in courts that are set up by the people of the country, and I would like to see the trials take place in the country of the defendant nation.
OrwellwasRight
(5,170 posts)Exactly.
appal_jack
(3,813 posts)Why are the most prominent Democrats, including our current President and likely Presidential nominee on the wrong side of this issue?
History will not be kind to these sell-outs. Of course, it won't be kind to us peasants in the much nearer future...
k&r,
-app
OrwellwasRight
(5,170 posts)For now, that light at the end of the tunnel is likely the oncoming train.
But we will prevail.