Student thoughts: Trans-Pacific Partnership greatest modern threat to Democracy

Juan Salamanca / Contributing writer

opinion@fiusm.com



The unacknowledged moral crisis of the American left has reached a tipping point.
While the wedding bells chimed and the streets filled with howls of protest over antiquated battle flags, the President of the United States was hard at work.

His signature project of the last term, the Affordable Care Act, left him with  battle scars from fighting public opinion and legislative insolence. This time was different; the white hot spotlight on the stage of the presidency had finally been focused on other matters. He could work in the shadows this time, his well-publicized preference.

This project, the Trans-Pacific Partnership, the massive trade deal where of its 29 draft chapters, only five deal with trade, is shrouded in the vast and oily shadows of Federal secrecy. The sweeping treaty which affects 40% of global trade and outrageously huge swaths of domestic policies of the member nations – matters such as pharmaceutical regulations, environmental policy, financial and investment regulations and patent law – is hidden from the eyes of the public except for the Senate, who are voting on the bill.

The administration claims that the transparency of the treaty is sufficient, and its supporters argue that senators who wish to scrutinize the treaty can go read it. However, even if a US senator who desires to read it got into the soundproof and secure room below the capital where the document resides, they could only bring in aides with the appropriate security clearance (leaving no possibility of bringing in lawyers or industry experts to help interpret) and they could not take notes and bring them back to their offices for further study. In the best of circumstances, any senator voting on the bill, barring those with prior intimate knowledge of the legislation, would be basing their decision entirely on their (flawed, human) recollection of a document they do not fully understand.

The liberal who falls back to the tried-and-true “Republican obstructionist” defense for the President finds themselves as strange bedfellows with the likes of Sen. McConnell (R-KY) and most congressional Republicans. Together, with President Hope-and-Change and corporate America, they stand against unions, environmental groups and the progressive wing of the Democratic party on TPP.

You might notice that throughout this article, there is little discussion on what it is the TPP actually does. In that lies the rub of the issue; neither you nor your senator know what’s in it, but General Electric, PHRMA, Cargill, Wal-Mart and more have privileged access to its contents on “advisory” terms. The 500 corporate representatives “advising” the government have exclusive access to the documents and can even request one-on-one time with negotiators. It’s not quite a secret cabal of  multinational corporations in total command of the government, but honestly, it’s pretty close.

What we do know about the Trans-Pacific Partnership is terrifying. It would forbid the government from banning toxic financial products, placing capital controls, taxing capital gains, and having Glass-Steagall-like firewalls (sound familiar to anyone alive in 2008?), and all member nations would have to comply. The deregulated swashbuckling model of casino capitalism the world put on a moratorium after it nearly destroyed the global economy during the financial crisis would be revived by the stroke of the President’s pen.

The Investor-State Dispute Settlement section expands upon the “right” given to foreign firms to appeal to a secretive and extrajudicial tribunal of highly-paid corporate lawyers for damages whenever a government passes a law that hurts profit, such as environmental protections or laws that discourage tobacco consumption, for compensation. ISDS practices, as it is now, has been forcing governments like Germany to pay billions of dollars out in damages. TPP expands ISDS tribunal authority to include not just capital committed by a given firm in a foreign nation, but the “expectation of gain or profit.” In other words, money that hasn’t even been made yet.

A corporate lawyer sitting on a TPP ISDS tribunal will be able to decide the damages for whatever hapless government does something to hurt corporate profits, like implementing single-payer health care. The jurisprudence of the post-TPP world is one where capitalization is elevated to the sanctity of the Bill of Rights, and that if a government ever attempts to -god forbid – improve the public welfare of its citizenry, that government must materially compensate the capitalist for their immaterial expectation and calculation of profit.

Despite the bordering-on-biblical implications of this bill, you will not see huge student movements protesting it. You won’t see a hashtag about it trending on Twitter or Facebook. BuzzFeed won’t make a listicle about it. No major TV network, even the liberal ones, would ever run an investigative special on it. For many people reading this article, it will be their first exposure to TPP.

The reason for this is the dirty little secret of American liberalism in the 21st century: the movement has been co-opted by “centrists,” a polite way of saying right-wing reactionaries. Beginning with the “New Democrats” of the Clinton administration, these liberals advocated a market-oriented approach to social policy with a neoliberal foreign policy made up of a combination of “humanitarian” intervention, free-trade advocacy and the active spread of liberal democracy. As liberal intellectuals argued that the Western-style liberal democracy was the last form of human government, free-market fundamentalism became fashionable. The fall of the Soviet Union proved that the current order is natural, inevitable and superior.

As those ideas proliferated through mass culture, the ethic of the Democratic program of government intervention in the economy shifted from combating market injustice and failure to perpetual expansion of the markets in the form of free-trade agreements, quantitative easing and the backhanded imposition of austerity through “welfare reform.” The New Democrat ideology turned social justice into a brand, a commodity to be sold on markets, advocating the synthesis of the cash nexus, multiculturalism and feminism. Thus, in a quest to correct the injustices of the system without radically reforming it, it became an authoritarian witch hunt; instead of addressing the problems inherent to the system, it simply repressed its symbolism. Rather than forcing it to engage in honest introspection about whiteness, the Charleston shooting sparked a media circus about the confederate flag in the US. The liberal movement is ready to coronate Hillary Clinton with the presidency, imposing her election as the primary project of feminism, while ignoring that her past support for warfare, management of an arms dealing scheme with repressive and violent regimes, push for and ultimate management of the murderous humanitarian intervention in Libya that has escalated the situation to a three-way civil war and rampant advocacy of free-trade makes her the candidate of the American military-industrial complex; a dragon of the American empire.

To paraphrase Thomas Jefferson, the preservation of liberty requires constant vigilance, and for too long the most capable guardians of freedom in America have unwittingly ceded its politics to the reactionary right-wing. Acceptance of this faustian bargain with neoliberalism, the endgame of Obama’s TPP project, is the irreversible path of our collective suicide. Our ecosystems will collapse all around us as industries destroy the environment with impunity. We will be helpless to stop it because corporations will extort concessions out of our governments justified by its selfish, cultish worship of capitalization and endless growth. The most remotely attentive observer would realize we are effectively codifying the excesses of capitalism as the law of the land.

The central question of this summer’s “Mad Max: Fury Road” surrounding its apocalyptic wasteland was “Who killed the world?” Unless we take action, we will know the answer all too soon.


 

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1 Comment on "Student thoughts: Trans-Pacific Partnership greatest modern threat to Democracy"

  1. David E.H. Smith | July 17, 2015 at 11:01 PM | Reply

    TPP; Questions for the executives of political parties & their Lobbyists
    Corporate Canada’s Depriving other Treaty Signatories of Due Diligence Info & Misinformation re; Reopening Native Treaties for WAD Accord Provisions makes it Less welcomed to TPP, et al.

    How do feel about signatory branch plants closing their plants in your country to continue to promote the lowering of wages, health, environmental, et al concerns, in other countries? What is a ‘good corporate citizen’?

    Why not ‘Commit’ to 60% of TPP (the easy stuff) & see how we get along?
    Questions for the executives of the political parties & their lobbyists

    How much does one have to worry about TPP & Global Treaties/’Arrangements;
    if:
    1) if the RELEVANT Corporations, not the harmless lil’ guy, pay the TPP’s Punitive Penalties for not respecting State, County & Municipal laws & maintains their ‘good corporate citizen’ status & thus, avoids becoming ‘persona non grata’,
    2) if signatory nations, et al, don’t make secret side deals that destabilize the other signatory nations & lives up to the spirit of the Treaties/’Arrangements’,
    3) if Corporate America, particularly Corporate Canada, et al, doesn’t continue to deprive the other signatories of the due diligence information which is continuing to promulgate unrealistic expectations (see; ‘The MERKEL (Chancellor of Germany) Letter; To Sue, or Be Sued?’ (davidehsmith.wordpress.com),
    4) if Corporate ‘America’ can decide which foreign lobbyists, including China’s, to consider today, then it may make it easier for Corp.’USA’ to consider who to consider tomorrow & make it more ’believable’ & easier for grassroots America to follow
    &
    5) et al,
    then there may not be much to worry about other than human nature and…
    By David E.H. Smith, Researcher, ‘Qui tam…’

    TPP & Global Treaties/’Arrangements’
    POLITICAL LAW; ‘IGNORAMUS et IGNORABIMUS’ (I do not know & I will Not Know)?

    ECONOMIC LAW; There is only a Finite Amount of Value/Wealth in the World; it does Not Grow, or, Shrink, it just moves around. And, the TPP & Global Treaties/’Arrangements’ just Funnel it to Global Corporate Signatories & Shareholders.

    YOUR Accelerating ‘AUSTERITY’ is Absolutely NECESSARY in order to Pay Corporate Leaders/Assocs. & Shareholders Their PENALTIES of Treaties’/Arrangements’ Tribunals.
    Come ON!
    Just ‘PATRIOTICALLY’ (Supplicantly) SUPPORT YOUR NATIONAL ‘RULING CLASS’ & their Assocs.

    How long before Japan & other TPP Signatories hear,
    ‘Well, you should have known…’; Pres. G.H. Bush said re; Corporate America ‘Arranged’ Reneging on NAFTA ‘dispute resolution’? Unethically More Profitable for Globalized ‘U.S.’ Corporations to Pay Lobbyists & Not Pay Taxes
    than to Pay Patriotic, Taxpaying American Workers & Accounting/BANKING SERVICE Industries.

    Scrutinizing TPP & Global Treaties/’Arrangements see; the ACLU/NAACP re;
    ‘The Submission’:
    ‘The SHAREHOLDERS & Corporations of the EU, Canada, AMERICA, Australia, the nations of the Trans Pacific, et al
    v
    the harmless Canadian NON shareholders, both; Native & non Native, et al’
    including
    ‘The MERKEL (Chancellor of Germany) Letter; To Sue, or, Be Sued?’

    Secrecy 4 – 5 years after Ratification for Wall St. to Muddy the Insider Trading & ‘IPO’ Trails; the lil’ Trader, Pension Funds, Public, et al, Don’t Stand a Chance.

    Fast Tracking TPP & Global Treaties; How desperate is Corp. ‘U.S.’ to
    Increase & ‘Share’ $17+ Trillion Debt ‘Earning$’ & to Legitimize Hidden Earning$ in Untouchable Foreign Banks.
    Time to REPATRIATE ‘Earnings’; NO FOREIGN Accountants, Banks, Services, etc.
    NO Trickle Down from Hiding ‘Earnings’ in Secret Off-Shore Accounts.

    Priority Taxpayer Payouts to TPP Secret Tribunals & Military Industrial Complex Leaves Much Less for Health Care, Investigating/REGULATING Global Corporate Abuses & Gov’t. Programs.
    As the ‘U.S.’ has No Intention of Paying ‘it’s’ +17 trillion Debt, or, ’it’s’ Treaty Expandable Debt, why not just Cut the Taxes of the lil’ Guy in Half?

    Congress Just Needed a lil’ ‘Bun Buttering’ with Taxpayer$ & ‘Considerations’ from those Companies ‘Willing’ to Pay to Pass TPP; Global Treaties/’Arrangements’ Done Deal for Secret Pre-Paid ‘Considerations’.

    TPP & Global Treaties/’Arrangements’;
    U.S. has made the Same Mistake that ‘Canada’ is Continuing to Make. Corporate Canada’s (Harper’s) Deliberate With-Holding Key Info from Treaty Partners Could Start Global Economic Meltdown with No Remorse for Misleading other Treaty Signatories.

    What do you think is a good criteria for ascertaining the health & robustness of an un-secret treaty? How will ‘The Criteria’ limit the Abuses of the Secret Treaties for the Taxpayers?

    What are the various different ways that we can All prevent The Secrecy Abuse, whether it be Human Rights Abuses like The Residential Schools, or, Civil Rights Abuses like the ‘foreign’, /or, ‘domestic’ treaties?

    If Not ‘Treason’, then, there are very compelling arguments for concluding that the corporations, whether they be, foreign, domestic, &/or, a blend, that do not respect the ‘lesser’ jurisdictions, ie. individual states, provinces, territories, or, municipalities, are not good corporate citizens of the host countries & thus, can be treated as ‘persona non grata’.

    Should Congressmen & Parliamentarians Have to Sully Their ‘Beliefs’ & Sales Pitches with ‘Sordid’ Facts that Come from Actually Reading & Understanding Global Treaties/’Arrangements’? Just the Facts; ‘We’, The People can Draw our Own Conclusions?
    2 Republican Senators Admit that They Have read the TPP.
    Zero Canadian Admissions.
    Congress/Parliaments; Deluded, or, Deluding; ‘IGNORAMUS et IGNORABIMUS’ (I do not know & I will Not Know)?
    ‘Quis custodiet ipsos custodies’? (Who Will Guard the Guards?)

    Corporations Cut Costs & Dramatically Increase flat Profits by Not Suing each Other & by Suing the Little Guy (via ‘your’ Gov’t.) who is ‘Guilty’ even Prior to Tribunals & All of the Time.

    Teaching the Gordon Gekkos’ of Wall St., Congress, et al, some Humility & Integrity via Quantification?

    Global Treaties/’Arrangements’ with their Secret ‘Death-Star-Chamber’ Tribunals that The Global (non BRICS) Corporate Economy is in the Process of Secretly Passing will Finally Legitimize its Ability to secretly move money around, ie. ‘launder’ without Fear of Legal/government Regulation; ie. It’s the Global Corporate Economy’s Own Jurisdiction & they Insist that you Pay for it & Not them.

    What is Governors’/ Premieres’ Rationale for not Defending Taxpayers; Provinces/States Colluding with Feds?

    Corporate America’s Last Chance to Legitimize their Fleecing the Little, harmless Guy (95% – 99% of U.S.) Before Tanking the Global (non BRICS) Economy? Exploitable ‘Vulnerabilities’, Holes & Back Doors to Close.
    Can ‘your’ Federal Reps Willingly Answer ‘your’ Questions below If They haven’t Read the TPP & other Global Treaties
    Don’t Forget to Demand Your Money Back for ‘Supplementing’ Fed Rep’s Wages & Future Considerations at Incompetency (‘I didn’t know.) Tribunals.
    How many ‘Preferred’ Shares are You Selling Your Right to Sue The Global Corporate Economy for?

    Global Treaties Not about How Much Trade, but, How to ‘Vichy’ Profits & Who to Trade with to ‘Undermine’ AIIB.
    Shifting Costs to harmless Non Shareholders to Inflate ‘Profits & Dividends’.
    Is it Time to Cool off the ‘Stockbrokers’ again; Buy Gold?
    TPP & Global Corporate Treaties/’Arrangements more about Tort ‘Abolishment’ than Tort ‘Reform’?

    Not ‘good corporate citizens’ of the host countries respecting existing ‘lesser’ jurisdictions, then ‘persona non grata’.
    Making the leaders of TPP, Shareholders, et al, ‘Persona non Grata’; Shareholders’ Meetings I.D. Toxic Neighbors, In-laws, et al?

    Treaty Signatories Unwittingly Liable for W.A.D. Accord Compensation?
    Global Corporate Leaders (G-7) may have similar ‘Difficulties’ Dealing with Corporate Canada’s Pariah Prime Minister Harper as Pope Francis has ‘Difficulties’ Apologizing to the PM Harper for Residential Schools’ Abuses while PM Continues to Blame & Punish Those Who He Has Been Deliberately Depriving of the Info? Signatories Beware.

    TPP (& Global Treaties/’Arrangements’) Secrecy More, Or, Less than Canadian ‘Cultural Genocide’ Secrecy & ‘les Autres’ Abuses?

    But, If Not PUTIN; ‘The WHITE KNIGHT’, then Who Do YOU Want to Bankroll the Saving of the harmless NON shareholders of the World from Fast Tracking TPP’s, CETA’s (TTIP) Secret ‘Death-Star-Chamber’ Tribunal Penalties?
    Will Iran, China, the Muslim World, et al, Support Putin in Suits?
    How about Warren Buffett, &/or, the ‘coveted’ Hong Kong investor, et al?
    ***
    FULL Article, see; davidehsmith.wordpress.com
    ***
    Also see; ‘The MERKEL (Chancellor of Germany) Letter; To Sue, or Be Sued?’ (davidehsmith.wordpress.com)
    ***
    Please consider sharing the enclosed information & questions with 10 friends who will share it with 10 others…

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