
	by Michele Nash-Hoff
	March 01, 2013
	
	from
	
	HuffingtonPost Website
	
	 
	
	 
	
	In his State of the Union address, President 
	Obama declared in his intent to complete 
	
	negotiations for a Trans-Pacific 
	Partnership (TPP). 
	 
	
	The 
	Obama administration has pursued the TPP 
	through the offices of U.S. Trade Representative Ron Kirk instead of under 
	the auspices of the Department of State.
	
	 
	
	This was the first time negotiations to create a 
	free trade zone with Pacific Rim countries were made public although 15 
	rounds have been concluded. Eleven nations are participating: 
	
		
			- 
			
			Australia 
- 
			
			Brunei 
- 
			
			Canada 
- 
			
			Chile 
- 
			
			Malaysia 
- 
			
			Mexico 
- 
			
			New Zealand 
- 
			
			Peru 
- 
			
			Singapore 
- 
			
			the United States  
- 
			
			Vietnam 
	
	Although Japan and China are not presently 
	participating in TPP negotiations, "docking provisions" being written into 
	the TPP draft agreement would permit either Japan or China to join the TPP 
	at a later date without suffering any disadvantage.
	 
	
	To implement the TPP free-trade agreement, 
	Congress will be asked to surrender its responsibility under Section 1, 
	Article 8 of the Constitution to regulate commerce with foreign nations, and 
	grant President Obama extra-constitutional "Trade Promotion Authority" to 
	negotiate the final TPP agreement.
	 
	
	The administration seeks to gain "fast-track 
	authority," a provision under the Trade Promotion Authority that requires 
	Congress to review an FTA under limited debate, in an accelerated time frame 
	subject to a yes-or-no vote by a simple majority vote rather than a 
	two-thirds vote, as required for the ratification of a formal treaty. 
	
	 
	
	Under fast-track authority, there is no 
	provision for Congress to modify the agreement by submitting amendments. 
	Fast-track authority also treats the FTA as if it were trade legislation 
	being negotiated by the executive branch. The purpose is to assure foreign 
	partners that the FTA, once signed, will not be changed during the 
	legislative process.
	 
	
	A report released Jan. 24 by the Congressional 
	Research Service, "The 
	Trans-Pacific Partnership Negotiations and Issues for Congress," 
	makes clear that the present negotiations are not being conducted under the 
	auspices of formal trade promotion authority as the latest TPA expired July 
	1, 2007. 
	
	 
	
	However, the Obama administration is acting as if fact-track 
	authority were in effect already.
	 
	
	The report states that the TPP is being 
	negotiated as a regional free-trade agreement that U.S. negotiators describe 
	as a "comprehensive and high-standard" FTA. 
	 
	
	The U.S. hopes the agreement,
	
		
		"will liberalize trade in nearly all goods 
		and services and include commitments beyond those currently established 
		in the World Trade Organization (WTO.)"
	
	
	Opposition to the TPP ranges from one end of the 
	political spectrum to the other - from the liberal
	Public 
	Citizen non-profit, consumer rights advocacy group founded by Ralph 
	Nader in 1971 to the far-right, conservative news organization,
	
	World Net Daily founded in 1997 by Joseph Farah. 
	
	
	Lori Wallach of Public Citizen has written
	
	several articles warning about the dangers of the Trans-Pacific 
	Partnership. 
	 
	
	According to her review of TPP, foreign firms 
	would gain the follow privileges:
	
		
			- 
			
			Risks and costs of offshoring to low 
			wage countries eliminated 
- 
			
			Special guaranteed "minimum standard of 
			treatment" for relocating firms 
- 
			
			Compensation for loss of "expected 
			future profits" from health, labor environmental, laws (indirect or 
			"regulatory" takings compensation) 
- 
			
			Right to move capital without limits 
- 
			
			New rights cover vast definition of 
			investment: intellectual property, permits, derivatives 
- 
			
			Ban performance requirements, domestic 
			content rules. Absolute ban, not only when applied to investors from 
			signatory countries 
	
	Ms. Wallach
	
	opines that U.S. multinational corporations have the goal of imposing on 
	more countries a set of extreme foreign investor privileges and rights and 
	their private enforcement through the notorious "investor-state" system.
	
	
		
		"This system elevates individual 
		corporations and investors to equal standing with each TPP signatory 
		country's government- and above all of us citizens." 
	
	
	This would enable,
	
		
		"foreign investors to skirt domestic courts 
		and laws, and sue governments directly before tribunals of three private 
		sector lawyers operating under World Bank and UN rules to demand 
		taxpayer compensation for any domestic law that investors believe will 
		diminish their 'expected future profits.' 
		 
		
		Over $3 billion has been paid to foreign 
		investors under U.S. trade and investment pacts, while over $14 billion 
		in claims are pending under such deals, primarily targeting 
		environmental, energy and public health policies."
	
	
	This opinion was confirmed by Jerome Corsi 
	in an
	
	article last week on World Net Daily, in which he reported that a,
	
		
		"leaked copy of the TPP draft (Intellectual 
		Property Chapter of Trans Pacific Partnership) makes clear in 
		Chapter 15, 'Dispute Settlement,' that the Obama administration intends 
		to surrender U.S. sovereignty to an international tribunal to adjudicate 
		disputes arising under the TPP. 
		
		 
		
		Disputes concerning interpretation and 
		application of the TPP agreement, according to Article 15.7, will be 
		adjudicated by an "arbitral tribunal" composed of three TPP members."
	
	
	He states:
	
		
		Because the TPP agreement places arbitral 
		tribunals created under TPP to be above U.S. law, the Obama 
		administration's negotiation of the Trans-Pacific pact without specific 
		consultation with Congress appears aimed at creating a judicial 
		authority higher than the U.S. Supreme Court. 
		 
		
		The judicial entity could overrule decisions 
		U.S. Federal District and Circuit courts make to apply U.S. laws and 
		regulations to foreign corporations doing business within the United 
		States. 
		 
		
		The result appears to allow foreign 
		companies doing business within the United States to operate in a legal 
		and regulatory environment that would give the foreign companies decided 
		economic advantages over U.S. companies that remain subject to U.S. laws 
		and regulations.
	
	
	Another group opposing the TPP is
	Americans for Limited 
	Government , a lobbying group and advocacy organization which describes 
	itself as a non-partisan, nationwide network committed to advancing 
	free-market reforms, private property rights and core American liberties.
	
	
	In a recent
	
	statement they pointed out:
	
		
		This new trade agreement will place domestic 
		U.S. firms that do not do business overseas at a competitive 
		disadvantage. Foreign firms under this trade pact could conceivably 
		appeal federal regulatory and court rulings against them to an 
		international tribunal with the apparent authority to overrule our 
		sovereignty. 
		 
		
		If foreign companies want to do business in 
		America, they should have to follow the same rules as everyone else. 
		Obama is negotiating a trade pact that would constitute a judicial 
		authority higher than even the U.S. Supreme Court that could overrule 
		federal court rulings applying U.S. law to foreign companies. 
		
		 
		
		That is unconstitutional. The U.S. cannot be 
		allowed to enter a treaty that would abrogate our Constitution.
	
	
	As a director on the board of the American 
	Jobs Alliance, an independent, non-partisan, non-profit organization, I 
	wish to point out some of the additional problems with the TPP that are 
	cited on our website:
	 
	
		
			- 
			
			TPP 
			Undermines Our Sovereignty and Democracy 
			It is misleadingly called a trade 
			agreement when in fact it is an expansive system of enforceable 
			global government.    
			Only two of its 26 chapters actually 
			cover trade issues, like cutting border taxes ("tariffs") or lifting 
			quotas that limit consumer choice. In reality, most of the deal 
			would impose one-size-fits all international rules to which U.S. 
			federal, state and local law must conform. This includes limits on 
			the U.S. government's right to regulate foreign investors operating 
			here and control our natural resources and land use.    
			TPP also would provide preferential 
			treatment to foreign banks and other firms operating here. The pact 
			would subject the U.S. to the jurisdiction of two systems of foreign 
			tribunals, including World Bank and United Nations tribunals. 
			   
			These foreign tribunals would be 
			empowered to order payment of U.S. tax dollars to foreign firms if 
			U.S. laws undermined the foreign firms' new special TPP privileges.
			 
	 
	
		
			- 
			
			TPP Threatens 
			States Rights 
			The agreement undermines the critical 
			checks and balances and freedoms established by the U.S. 
			Constitution, which reserves many rights to the people or state 
			governments.    
			TPP would obligate the federal 
			government to force U.S. states to conform state laws to 1,000 pages 
			of rules, regulations and constraints unrelated to trade - from land 
			use to whether foreign firms operating in a state can be required to 
			meet the same laws as domestic firms. 
			
			The U.S. federal government would be 
			required to use all possible means - including law suits, and 
			cutting off federal funds for states - to force states to comply 
			with TPP rules. 
			 
			
			Already a foreign tribunal related to 
			the World Trade Organization has issued a ruling explicitly stating 
			that such tactics must be employed against U.S. states or the U.S. 
			would face indefinite trade sanctions until state laws were brought 
			into compliance.
		
	
	 
	
		
	
	 
	
		
			- 
			
			UN and World 
			Bank Tribunals Would Replace U.S. Courts 
			The "Investment" chapter would submit 
			the U.S. to the jurisdiction of international tribunals established 
			under the auspices of the United Nations or World Bank.    
			It would shift decisions over the 
			payment of U.S. tax dollars away from Congress and outside of the 
			federal court system established by Article III of the Constitution 
			to the authority of international tribunals.    
			These UN and World Bank tribunals do not 
			apply U.S. law, but rather international law set in the agreement. 
			These tribunals would judge whether foreign investors operating 
			within the U.S. are being provided the proper property rights 
			protections.    
			The standard for property rights 
			protection would not be those established by the U.S. Constitution 
			as interpreted by the U.S. Supreme Court, but rather international 
			property rights standards, as interpreted by an international 
			tribunal. 
	 
	
		
			- 
			
			TPP Cedes a 
			Quarter of All U.S. Land to Foreign Control (544 million 
			acres of public land)  
			It would subject to the foreign 
			tribunals' judgment all contracts between the U.S. federal 
			government and investors from TPP nations - including subsidiaries 
			of Chinese firms,  
			
				
				"with respect to natural resources 
				that a national authority controls, such as for their 
				exploration, extraction, refining, transportation, distribution, 
				or sale; to supply services to the public on behalf of the 
				Party, such as power generation or distribution, water treatment 
				or distribution, or telecommunications; or to undertake 
				infrastructure projects, such as the construction of roads, 
				bridges, canals, dams, or pipelines, that are not for the 
				exclusive or predominant use and benefit of the government."
				
			
		
	
	
	In conclusion, the TPP is a direct threat to 
	American national sovereignty, the U.S. Constitution and American-owned 
	businesses. 
	 
	
	TPP would destroy American jobs and our 
	independence. It would have a negative impact on jobs, the safety of our 
	food, Internet freedom, our right to "Buy American" and our laws. 
	
	 
	
	We must make sure Congress rejects any 
	fast-track authority the Obama administration seeks to invoke when it comes 
	time to get final congressional approval.