Special Multinational Court in Trans-Pacific Partnership Agreement

ACORN International Financial Justice Ideas and Issues International Organizers Forum
Facebooktwitterredditpinterestlinkedinmail

1439533698362New Orleans     President Obama sees the Trans-Pacific Partnership trade agreement as a legacy marker. News reports refer to the announcement of an agreement with the Pacific Rim countries including Japan, Canada, Peru, Mexico and many others as a “capstone” agreement for the president. The White House says that there are labor and environmental protections that are unprecedented for a trade agreement. Malaysia, Vietnam, and other countries had to agree to protect labor rights in a major announcement. Many big national environmental organizations are touting the agreement as a breakthrough including the World Wildlife Federation. Australia supposedly pushed hard enough that big Pharma can’t run roughshod over generics and cheaper access to drugs in developing countries.

Sounds good, huh, but what do we have here?

The Organizers’ Forum delegation met with a researcher and campaigner in Warsaw recently named Roland Zarzycki working with the Institute for Global Responsibility. In the course of the dialogue we touched on the troubling elements in the likely TTP agreement. One that was especially worrisome had to do with the special court provisions that would allow transnational companies to sue countries over restrictions on trade in their products, but would not allow countries to sue the multinationals nor provide access to any other parties to adjudicate their concerns. Such special provisions for multinational companies paint a picture of a world of particular privilege and provision for globalization that is worrisome.

Is this some imagined problem for the paranoid? Hardly. The proof seems to be in the last minute jostling that indicated that there would be special provisions in the TPP to prevent tobacco companies from being able to sue countries that are trying to put in place health protections for the many diseases advanced by tobacco. Under some agreements Big Tobacco has already tried to take countries like India and others to such international courts. So, this door was reportedly locked for tobacco in the TPP, and that’s good, but what about other ugly, unhealthy multinational products and practices that will continue to be able to access these special courts in order to try to circumvent country by country provisions and protections?

We really don’t know of course. The negotiations are conducted in secret and the agreements reached will not be public until such time that President Obama starts the 90-day clock for Congressional review and an up or down vote to approve or disprove the trade treaty as negotiated. It’s hard to dispute the need for some quiet and confidentiality in negotiations, but the lack of information about vital pieces of the agreement privileges insiders and multinationals as well, compared to all of us biscuit-cookers out there trying to figure out what’s up.

Maybe this is as good as they are spinning, but until we know the whole story, it’s worth a lot of worry, and in the wake of countless agreements like this in the past, it’s hard to be optimistic that this is going to be as good for all of us as it is for big companies and special interests who clearly already have the inside track.