Trans-Pacific Partnership (TPP) private agreement even the Senate does not now about has been leaked.
PUBLIC INTEREST ANALYSIS OF LEAKED TRANS-PACIFIC PARTNERSHIP (TPP) INVESTMENT TEXT
Closed-door talks are on-going between the U.S. and Australia,
Brunei, Chile, New Zealand, Peru, Singapore, Malaysia and Vietnam; with
countries like Japan and China potentially joining later. 600 corporate
advisors have access to the text, while the public, Members of Congress,
journalists, and civil society are excluded. And so far what we know
about what's in there is very scary!
After more than two years of negotiations under conditions of extreme
secrecy, on June 12, 2012, a leaked copy of the investment chapter for
the Trans-Pacific Partnership (TPP) trade agreement was posted at http://tinyurl.com/tppinvestment. Public Citizen has verified
that the text is authentic. The leaked text provides stark warnings
about the dangers of “trade” negotiations occurring without press, public or policymaker oversight. It reveals that negotiators
already have agreed to many radical terms granting expansive new rights
and privileges for foreign investors and their private corporate
enforcement through extra-judicial “investor-state” tribunals.
Although TPP has been branded as a “trade” agreement, the leaked text
shows that TPP would limit how signatory countries may regulate foreign
firms operating within their boundaries, with
requirements to provide them greater rights than domestic firms. The
leaked text reveals a two-track legal system, with foreign firms
empowered to skirt domestic courts and laws to directly sue TPP governments in foreign tribunals. There they can demand compensation
for domestic financial, health, environmental, land use laws and other
laws they claim undermine their new TPP privileges.
The leak also reveals that all countries involved in TPP talks –
except Australia – have agreed to submit to the jurisdiction of such
foreign tribunals, which would be empowered to order payment of
unlimited government Treasury funds to foreign investors over TPP
claims. As revealed in Section B of the leaked text, these tribunals
would not meet standards of transparency, consistency or due process
common to TPP countries’ domestic legal systems or provide fair,
independent or balanced venues for resolving disputes between sovereign
nations and private investors. For instance, in a manner that would be
unethical for judges, the tribunals would be staffed by private sector
lawyers that rotate between acting as “judges” and as advocates for the
investors suing the governments..
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