Results tagged “Obama trade policy” from PlanetGreen.org

Say No To Kangaroo Courts

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Kangaroo.jpgAs I mentioned in my last installment of this series, TPP would eviscerate this country's already weak control over product safety. However, one argument in favor of weakening jurisdiction rules and long-arm statutes is that such an extensive reach would expose our businesses and government agencies to lengthy and costly lawsuits against them by foreign entities.

Enter the Investor-State Dispute Settlement system.

This is a binding arbitration agreement that allows corporations to challenge U.S. regulations without ever even submitting to the procedures and precedents of U.S. courts. Instead of impartial judges, they go up before a panel which, more often than not, would be made up of highly-paid lawyers from firms specializing in defending corporations and challenging government ordinances. Yet these judges would not be forbidden from practicing law between times, and in some cases representing the very parties they have just passed a judgment on. Instead of the Federal Rules of Civil Procedure or any comparable code, they would operate on a perplexing hybrid of multinational standards.

All the gains this country has made since the Roosevelt administration stand to be reversed. Any increases in the minimum wage, and possibly even our existing wages and hours laws, could be thrown over. What's left of our clean air regulations once our courts are through with them could be dismantled even further. Food safety measures dating back to 1906 are once again in danger of being arbitrarily struck down. Worst of all, though, because this tribunal's jurisdiction is reserved for cases brought by "international investors," U.S. companies, labor unions, and government agencies would still have to enforce the more liberal terms of the agreement in foreign legal systems, which are often inferior in their procedural safeguards and common law decisions.

It is hard for me to believe that we have spent so many decades and centuries attempting to improve our existing justice system and insure the fairness of every detail only to abandon it at the behest of outlaw corporations and their smooth-talking stooges. Yet, if Congress does approve the TPP, it will be rejecting our values of substantive justice at enormous cost to American consumers and workers.

Say No To TPP

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It's another average American evening, and there I am again, wandering the aisles of German-based grocery store Aldi. I begin to examine a package of bright red tomatoes, and intrigued by their unseasonable freshness, I begin to read the label. The vegetables, I discover, were grown in Mexico -- but distributed by a company headquartered in Ontario. Somewhat alarmed by this corporation's deliberate avoidance of the USA, I start examining other products around the store and the town, and discover the omnipresence of foreign goods. Walmart candy: the cherry balls were made in Canada and the peppermints originated south of the border. Canned fruit: the consumer is offered the comforting choice between Chinese and Mexican regulators. Apple juice: Argentina, China, and Turkey make their appearance frequently, but it seems unlikely Johnny Appleseed could find a buyer anytime soon. Silverware: It takes thirty minutes of reading the small print on the backs of tablespoons even to find tableware from Vietnam, and even longer to debate whether that's any safer than China or not. Tinfoil: "Made in America," but the generic brand admits using metal from Russia and the Reynolds Wrap package conveniently doesn't mention it. Even merchandise proudly sporting miniature American flags and other patriotic decorations is more often than not crafted from "imported materials."

Cheap, imported goods are commonplace and unavoidable, thanks to two factors -- international agreements such as NAFTA , which legalized and effectively sanctioned outsourcing, and common law decisions such as Asahi Metal Industry Co. v. Superior Court, 480 U.S. 102 (1987), which placed foreign companies completely out of the reach of US courts and regulators. Yet it still does not appear the U.S. government has learned its lesson.

Hence the proposed Trans-Pacific Partnership.

According to its official website, the TPP "levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American jobs here at home." But in reality, it opens the door to even more state-sanctioned outsourcing while providing no protections for sweatshop workers or enforceable environmental requirements. Therefore, we at PlanetGreen.org take a firm stand against it, and, in our "Say No to TPP" series," will explore the terms of the agreement not as they are conveniently summarized by the government but as they will affect our everyday lives and our collective strength and growth as a nation.

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