qHere it comes.   Why I was not truly in favor of the NAFTA (North American Free Trade Agreement)   Why I am not sold on the Trans Pacific Partnership agreement (TPP).

You know that it’s mostly big business that is in favor of these agreements.  So, they can sell their products in more countries.  Which by and large has not meant more employment, higher wages, or better benefits for the US worker.  (Yet, it does amplify- like they really need it- the salaries of corporate executives.)

What’s my reservation?  The provisions in these documents that means US decisions are subject to adjudication outside the US.  Where our laws don’t apply.

Just like when we were being sold that bill of goods to pass NAFTA, the same arguments are being proffered to the US public for the TPP agreement.  Claiming that unreasonable and potentially expensive cases really can’t proceed.   And, even so, decisions that do reach adjudication they allege won’t change our laws- they’ll just be financial damages.   Like that NEVER leads to changes in our laws.  (Now, that I have your interest, wait till you hear these new claims below.)

So, what’s happening now?   The TransCanada Corporation is going to sue the US government, claiming that their inability to prove that the Keystone XL pipeline is environmentally safe has no bearing on reality.  Or, why they are not choosing to instead build their pipeline across Canada to the Canadian West Coast harbors to sell their oil overseas.  (Hmm. Probably because Canada doesn’t want the potential oil floods to destroy the lands of Alberta and British Columbia.  But, it’s ok is they screw up American lands.)

Sure, TransCanada is claiming that the US decision was “arbitrary and unjustified”.    Which is simply another way of saying, “We don’t like your decision.”    And, since NAFTA exists, the signers (US, Canada, Mexico) are subject to investor-state dispute settlements (IDS).

These IDS means that investors (stock holders) and businesses in one country have the right to challenge any decision of another country.  Under arbitration.  (Think about how well arbitration works in the US.  Now, amplify those problems to consider international arbitration.)

I can see Pfizer, which is about to become a non-US company, suing the US because it loses approval for a drug that harms humans.  And, claims that the FDA decision was arbitrary and unjustified.   Let us not forget that Big Pharma has been one of the biggest screamers for TPP approval.

And, the only law that applies for adjudicating these IDS disputes is “international law”.   You know, where no one has written any laws, but there are treaties- and interpretations of those treaties, and extensions of those treaties for countries that have no treaties.   You get it, don’t you?  A real mess.

Which explains why TransCanada is suing for $ 15 billion in costs and damages.  Because it bought land and rights- before they had any approvals to build their pipeline.  Oh, wait.  Even before they firmed up the final route.  And, those damages?   That’s the profit TransCanada might have made IF they chose an environmentally acceptable route, met the standards, and operated for years.

Because they spent a total of only $ 3.1 billion for landowner payments and some piping.

I just can’t wait to see what some company in VietNam or Laos or some other Pacific nation will consider to be their damages if they are not happy meeting US standards.

Yeah.  Go TPP.  Maybe they just mean TP.  (Come on, you’re not that old!  That means Toilet Paper.  The protection Americans get in this treaty.)

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