Leaked text (allegedly) of TPP investment chapter
Investment chapter of secret Trans-Pacific Partnership
Copy at www.citizenstrade.org
I just wanted to list a few terms from the text that most have never heard of:
Article 12.2
Centre means the International Centre for Settlement of Investment Disputes (“ICSID”) established by the ICSID Convention;
Quote from World Bank website for ICSID:
ICSID is the world’s leading institution devoted to international investment dispute settlement. It has extensive experience in this field, having administered the majority of all international investment cases. States have agreed on ICSID as a forum for investor-State dispute settlement in most international investment treaties and in numerous investment laws and contracts.
ICSID was established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention). The ICSID Convention is a multilateral treaty formulated by the Executive Directors of the World Bank to further the Bank’s objective of promoting international investment. ICSID is an independent, depoliticized and effective dispute-settlement institution. Its availability to investors and States helps to promote international investment by providing confidence in the dispute resolution process. . . .
Selecting a few definitions of interest in Article 12.2:
ICSID Convention means the Convention on the Settlement of International Investment Disputes between States and Nationals of other States, done at Washington, March 18, 1965;
[Inter-American Convention means the Inter-American Convention on International Commercial Arbitration, done at Panama, January 30, 1975;]
. . .
New York Convention means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958;
. . .
Secretary-General means the Secretary-General of ICSID;
UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law.
The draft text is confusing. It seems to allow national and local governments to have protective laws. For example, Article 12.15:
1. Nothing in this chapter shall be construed to prevent a Party from adopting, maintaining or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental [,health, safety, or labour[],health or safety]concerns.]
[
2. The Parties recognise that it is inappropriate to encourage investment by relaxing its health safety or environmental measures. Accordingly, a Party should not waive or otherwise derogate from or offer to waive or otherwise derogate from, such measures as an encouragement for the establishment, acquisition, expansion, or retention in its territory of an investment of an investor.]
Comments
There are other sections like this in the leaked text. Does it mean that the treaty allows governments to have whatever reasonable laws they want?
My conclusion is that these private international tribunals will be judging and assessing whether national and local laws are “consistent” with the treaty–when corporations make claims against them.
It’s a loss of sovereignty regardless.
If a law doesn’t pass whatever test of “consistency” the tribunals have, they’ll rule against the national and local government. They’ll decide what’s good and bad.
It’s a loss of sovereignty.
It’s a nullification of democracy, because supposedly the local people of that country should be deciding the laws through their “representatives.”
But that’s too messy for the oligarchs. That’s why they have these international trade agreements and international organizations. All of this is going on already with the other trade agreements like NAFTA.
There is plenty of politically correct language in this text, which doesn’t surprise me.
Many people believe in the “left-right” paradigm, so these trade issues are presented in simplistic terms to the public, e.g. as “right-wing” or “neo-liberal” as if that explains what is going on.
The international corporate oligarchy create and funds movements on both the “left” and “right”–whatever those terms mean.
Canadian, American and European universities are, as a result, for decades, full of Marxism and full of political correctness and conformity to dogmas. Plenty of naiive people are building well-paid careers as servants of the international banks via NGOs and activist, culturally subversive groups–domestic or internationally, or as servants of state militaries (on the so-called “right”), or as servants of various mercenary groups who work as double agents and stooges provocateuring conflicts overseas. There is plenty of provacateuring pumped into our homes on a daily basis by mercenary media. Money makes the world go around. People do what they’re told to do for pay and prestige.
I believe the goal of these international agreements is uniformity of standards worldwide–which includes a reduced standard of living. This is part of the same picture as the other international plans for uniform control over energy use and emissions in the name of “climate change” (“smart grid” and “carbon taxes”.)
The oligarchy has a power and control agenda and doesn’t actually care about our well-being economically or pollution-wise or health-wise. And it doesn’t want us to have “freedom”. They don’t actually want the empowerment of individuals and small businesses.
That’s why the “climate change” doctrine has been substituted for legitimate health and pollution concerns. That’s why “security” has replaced civil liberties, individual rights and due process. “Hate speech” laws in most countries have replaced free speech.
Individuals don’t count. Just the oligarchy’s “collective.” The “good of the many” (the “good of the elite”) is translated down to us to make us sacrifice our economic well-being in order to compete with countries who have slave wages.
Shipping factories and jobs overseas is perfectly consistent with climate change propaganda in which we are supposed to pay more for the energy we use for materials we need. Same result. Sacrifice. Powerlessness. We’re to stop being “selfish,” believe their versions of reality, be afraid, and just do what we’re told.