What makes this piece by Joe Firestone so interesting is that it is full of reasons why your Republican Representatives should vote against TPP, especially if they’re crazy Tea-Baggers (don’t tell them I called them that of course, use ‘populist conservatives’ instead).
The New York Times Covers the TPP: A Commentary
by Joe Firestone, New Economic Perspectives
Posted on March 27, 2015
Wikileaks did us all another service yesterday by releasing the “Trans-Pacific Partnership Agreement (TPP): Investment Chapter Consolidated Text,” and collaborating with the New York Times to get the word out. Jonathan Weisman wrote the story for the New York Times.
Why are we negotiating the TPP at all? Why is it the business of the Representatives of the people of the United States in Congress to support agreements that will mitigate the political risks borne by American businesses who chose to invest in other nations, as well as the political risks borne by foreign corporations, who choose to invest in the United States? Why is it their business to provide protection against such risks to foreign corporations beyond the protections we provide to our own corporations?
The “expectations” of business investors are their own business, not the public’s business; and there’s no reason why either the government of the United States or the governments of other nations should have to accommodate themselves to these expectations. If it is the will of the people of a nation as expressed through their representatives to pass legislation that destroys the “expectations” of business investors, then that’s just too bad for the investors.
Private businesses have no right to expect that their governments will protect them against risks that they alone choose to take, and that they alone will profit from. Risk is part of the game of investing. It’s business.
In free market ideology businesses are supposed to shoulder their risks. They’re not supposed to manipulate their political systems to get legislation providing them with financial protection at the expense of the public. That’s not capitalism, it’s lemon socialism; and it is also one of the key components of fascism.
How have we come to this pass that we view it as legitimate for American businesses to demand that the American public ought to ensure them against the business risks they take abroad? When did it become acceptable to insulate large multinational corporations against the hazards of their folly?
The TPP provides for three-judge “courts” to conduct the dispute settlement proceeding. One of the judges is actually selected by the corporate plaintiffs. All of the judges are private attorneys who in other disputes may have represented corporate plaintiffs, and it is common for attorneys to be shifting roles from “corporate advocates” in one case to “judges” in another. Of course, the advocates get paid far more than the judges.
Can anyone imagine a more criminogenic environment than this, where all the incentives are aligned in such a way as to extract funds from state treasuries for the benefit of corporations and corporate attorneys alike? Where are the representatives of the various nation-states in these tribunals?
To add to the travesty, there are no limits on the tribunals in the size of the awards they can mandate. So, let’s get this straight, according to the TPP, tribunals staffed by private attorneys who frequently advocate for the very corporations whose complaints they are deciding upon have unconstrained authority to award damages of unlimited size to these same corporations and then the governments of the nations would be obligated to pay these awards. So, assuming present policies in effect for government financing in most nations including the United States, the governments would increase taxes or increase borrowing to pay these awards.
So, tell me do we really want an international “trade agreement” that will expose the United States to unplanned levies from multinational corporations that would create budgetary political crises in the United States? Would any sane citizen want to take this risk, to mitigate the risks American investors take when they choose to invest overseas? Where does this craziness come from?
“We’ve done this before” is no defense of a proposed agreement among 12 nations that would expose the citizens of each of them to the risks that properly belong to foreign corporations, or American corporations operating in foreign nations for their own profit. Such corporations are guests in the nations they do business in. They should not be given advantages that aren’t enjoyed by domestic businesses.
With the TPP Congress is being asked to buy the proverbial pig in the poke. Well, they’ve previously bought three highly touted free trade agreements, and none of them has delivered net benefits to the American people in terms of net jobs created, or a higher standard of living for most of the population, or greater economic equality. So, I think the Administration, really needs to answer the question “What’s in it for us?” in concrete terms without delivering the glittering and deceptive generalities this President is so skillful at offering.
Free trade is an ideological commitment for many. But there’s no doubt that general implementation of free trade rules would prevent the government from legislating industrial policy, and more specifically would limit the policy space of the government in nurturing industries that it viewed as vital to the American future or to American national security. In view of this, I would never approve any agreement prohibiting the government favoring the products of American companies, if the government wanted to follow such a policy.
Being able to “Buy American” is an essential aspect of the sovereignty of the United States. And in my view Congress and the President have no right to give away this aspect of our sovereignty.
In my view, this trade-off isn’t in accord with public purpose, and it gives away key aspects of the sovereignty of the United States. In addition, it undermines American democracy and takes another step down the true road to serfdom.
Nothing wrong with a little Mobying and Bi-partisanship say I.