Lies, Damn Lies and Export Statistics
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Public Interest Analysis of Leaked TPP Investment Text
FR: Lori Wallach and Todd Tucker, Public Citizen’s Global Trade Watch DT: Wednesday, June 13, 2012 RE: Public Interest Analysis of Leaked Trans-Pacific Partnership (TPP) Investment Text 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. -
Public Citizen Copyright © 2016 by Public Citizen Foundation All Rights Reserved
Public Citizen Copyright © 2016 by Public Citizen Foundation All rights reserved. Public Citizen Foundation 1600 20th St. NW Washington, D.C. 20009 www.citizen.org ISBN: 978-1-58231-099-2 Doyle Printing, 2016 Printed in the United States of America PUBLIC CITIZEN THE SENTINEL OF DEMOCRACY CONTENTS Preface: The Biggest Get ...................................................................7 Introduction ....................................................................................11 1 Nader’s Raiders for the Lost Democracy....................................... 15 2 Tools for Attack on All Fronts.......................................................29 3 Creating a Healthy Democracy .....................................................43 4 Seeking Justice, Setting Precedents ..............................................61 5 The Race for Auto Safety ..............................................................89 6 Money and Politics: Making Government Accountable ..............113 7 Citizen Safeguards Under Siege: Regulatory Backlash ................155 8 The Phony “Lawsuit Crisis” .........................................................173 9 Saving Your Energy .................................................................... 197 10 Going Global ...............................................................................231 11 The Fifth Branch of Government................................................ 261 Appendix ......................................................................................271 Acknowledgments ........................................................................289 -
Testimony of Lori Wallach Director, Public Citizen's Global Trade Watch
Testimony of Lori Wallach Director, Public Citizen’s Global Trade Watch before U.S. International Trade Commission on “Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Report” October 2, 2020 Lori Wallach, Director Public Citizen’s Global Trade Watch 215 Pennsylvania Ave. SE Washington, D.C. 20003 [email protected] 202-546-4996 Mister Chairman and members of the Commission, thank you for the opportunity to testify today on the economic impact of trade agreements implemented since 1985 under trade authorities procedures so as to contribute to the Section 105(f)(2) report required by the Bipartisan Congressional Trade Priorities and Accountability Act of 2015. I am Lori Wallach, director of Public Citizen’s Global Trade Watch. Public Citizen is a national public interest organization with more than 500,000 members and supporters. For more than 45 years, we have advocated with some considerable success for consumer protections and more generally for government and corporate accountability. It is critical that the Commission’s evaluation of the economic impacts of the Free Trade Agreements (FTAs) negotiated by the U.S. government under trade authorities procedures (Fast Track) provides accurate and trustworthy information to policymakers and the general public about the agreements’ actual outcomes. In many communities nationwide, decades of trade agreements negotiated on a model established with the North American Free Trade Agreement (NAFTA) have caused economic damage to many and fueled anger and despair. The dwindling ranks of defenders of that model argue that it was not trade, but other policies and trends that have caused the problems people “blame” on trade pacts. -
Spring 2004 Can Civil War in Iraq Be Averted? by Bob Neveln Sistani, Has Consistently Been a Force Reaching Prewar Levels
DELAWARE COUNTY PLEDGE OF RESISTANCE P.O. Box 309 ~ Swarthmore, PA 19081 ~ phone & fax: 610-543-8427 Spring 2004 Can Civil War in Iraq Be Averted? by Bob Neveln Sistani, has consistently been a force reaching prewar levels. Oil prices are for moderation. Also fortunately, Am- high. Iraqi government ministers are cur- Despite the relentless death toll of Ira- bassador L. Paul Bremer III, presiden- rently in Amman being trained on the qis killed in bombings, presumably by tial envoy and chief civilian U.S. official intricacies of World Bank loans. Debt outsiders for the purpose of instigating in Iraq, has been consistently concilia- forgiveness by several major creditor na- civil war, Iraqis have failed to succumb tory towards Sistani. tions is under discussion. Unemploy- to these terrible provocations. The day Probably the most optimistic sign ment has dropped. before the bombing of the two Shi‘ite is the upturn in the economy, which may In sum there is reason for hope that mosques on the holiest day of the Shi‘ite help create a situation in which all can civil war will be avoided. calendar, Sunni clerics issued a fatwa be passably content. Oil production is against killing other Muslims, a very well-timed measure indeed. Incitement of strife by the U.S. mili- tary between Kurds and Shi‘ites, although it has yet to bear fruit in violence, defi- nitely shows more promise. Oblivious to the potential harm to Iraq’s stability, the military started right after the war with the re-routing of electricity north- wards causing outages in Baghdad and has been rewarding the Kurds for their support during the invasion and pun- ishing Turkey and Syria for their lack of it. -
ISDS Reform in Latin America
ISDS Reform in Latin America Monday September 16, 2019 Georgetown University Law Center, Washington, D.C. In recent years, Investor-State Dispute Settlement (ISDS) has been at the center of the debate over globalizations’ effects and the entrenchment of corporate power worldwide. As the number of ISDS cases has grown, so too has skepticism over the investment regime’s benefits. Concerns about investors’ power and the reduction of governments’ policy space have emerged, in tandem with incoherent, sometimes contradictory, decisions by investment tribunals. Latin American countries have taken different approaches. For example, as a result of their experiences with Meanwhile, in the United States, criticism of ISDS has ISDS, Argentina, Ecuador, and Uruguay are all come from both sides of the political spectrum, in currently debating revisions to their treaty models voices as diverse as Public Citizen and Cato Institute, and investment policies to ensure that they pursue the U.S. Trade Representative Robert Lighthizer and the public interest. Colombia’s Constitutional Court Senator Elizabeth Warren, and Chief Justice John recently issued two judgements conditioning the Roberts and economist Joseph Stiglitz. Opposition ratification of international investment agreements to TPP in the U.S., for instance, was largely fueled with France and Israel on the treaties not providing by the critiques of ISDS. Additionally, as emerging more favorable treatment to foreign investors over economies now account for more than half of global national ones. Brazil has so far rejected the ISDS foreign direct investment (FDI) inflows and almost model and instead proposed creating Cooperation one third of outflows, rich countries are increasingly and Facilitation Investment Agreements that concerned about the system’s restrictions on their prioritize inter-governmental cooperation and own regulatory space. -
Getting the •Œmessage╊ on Free Trade: Globalization, Jobs and The
Santa Clara Journal of International Law Volume 16 | Issue 2 Article 1 7-1-2018 Getting the “Message” on Free Trade: Globalization, Jobs and the World According to Trump Follow this and additional works at: https://digitalcommons.law.scu.edu/scujil Part of the International Law Commons Recommended Citation Getting the “Message” on Free Trade: Globalization, Jobs and the World According to Trump, 16 Santa Clara J. Int'l L. 1 (2018). Available at: https://digitalcommons.law.scu.edu/scujil/vol16/iss2/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Journal of International Law by an authorized editor of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. 1 Getting the “Message” on Free Trade: Globalization, Jobs and the World… Getting the “Message” on Free Trade: Globalization, Jobs and the World According to Trump Sara Dillon† † Sara Dillon is a law professor and Director of International Programs at Suffolk University Law School in Boston, Massachusetts. 16:2 SANTA CLARA JOURNAL OF INTERNATIONAL LAW 2 ABSTRACT During the presidential campaign of 2016, Donald Trump successfully marshaled years of repressed popular anger over job losses and the erosion of the middle class, caused in part by a globalizing economy and the movement of the American manufacturing base to other parts of the world. Although a great deal of job loss in the American “heartland” was caused by automation, there is little doubt that many factories were closed and moved abroad with no regard for the devastated middle- class workers left behind. -
China, the Wto, and Human Rights
CHINA, THE WTO, AND HUMAN RIGHTS HEARING BEFORE THE SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS OF THE COMMITTEE ON INTERNATIONAL RELATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTH CONGRESS FIRST SESSION WEDNESDAY, DECEMBER 8, 1999 Serial No. 106±102 Printed for the use of the Committee on International Relations ( Available via the World Wide Web: http://www.house.gov/international relations U.S. GOVERNMENT PRINTING OFFICE 64±475 CC WASHINGTON : 2000 VerDate 11-SEP-98 12:50 Jun 15, 2000 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 \PRESS\64475.TXT HINTREL1 PsN: HINTREL1 COMMITTEE ON INTERNATIONAL RELATIONS BENJAMIN A. GILMAN, New York, Chairman WILLIAM F. GOODLING, Pennsylvania SAM GEJDENSON, Connecticut JAMES A. LEACH, Iowa TOM LANTOS, California HENRY J. HYDE, Illinois HOWARD L. BERMAN, California DOUG BEREUTER, Nebraska GARY L. ACKERMAN, New York CHRISTOPHER H. SMITH, New Jersey ENI F.H. FALEOMAVAEGA, American DAN BURTON, Indiana Samoa ELTON GALLEGLY, California MATTHEW G. MARTINEZ, California ILEANA ROS-LEHTINEN, Florida DONALD M. PAYNE, New Jersey CASS BALLENGER, North Carolina ROBERT MENENDEZ, New Jersey DANA ROHRABACHER, California SHERROD BROWN, Ohio DONALD A. MANZULLO, Illinois CYNTHIA A. MCKINNEY, Georgia EDWARD R. ROYCE, California ALCEE L. HASTINGS, Florida PETER T. KING, New York PAT DANNER, Missouri STEVE CHABOT, Ohio EARL F. HILLIARD, Alabama MARSHALL ``MARK'' SANFORD, South BRAD SHERMAN, California Carolina ROBERT WEXLER, Florida MATT SALMON, Arizona STEVEN R. ROTHMAN, New Jersey AMO HOUGHTON, New York JIM DAVIS, Florida TOM CAMPBELL, California EARL POMEROY, North Dakota JOHN M. MCHUGH, New York WILLIAM D. DELAHUNT, Massachusetts KEVIN BRADY, Texas GREGORY W. MEEKS, New York RICHARD BURR, North Carolina BARBARA LEE, California PAUL E. -
Th Congre Ha ̈̀ Av Th Ower.. . Egulat Co Erc
Lori Wallach Updated and Expanded Edition U.S. Constitio Articl I Sectio 8 “Th Congre ha ̈̀ av th ower.. egulat co erc it oreig ations.” The Rise and Fall of Fast Track Trade Authority Updated and Expanded Edition Lori Wallach Public Citizen’s Global Trade Watch © 2013 by Public Citizen’s Global Trade Watch. All rights reserved. ISBN: 978-1-58231-052-7 No part of this document may be reproduced or utilized in any form or by any means, electronic or mechanical, including photography, re- cording, or by information exchange and retrieval systems, without written permission from the authors. Permission will be granted for educational use upon request at [email protected]. Public Citizen is a nonprofi t membership organization in Washing- ton, D.C., dedicated to advancing the public interest through research, publications, information services, litigation and lobbying. Public Citizen advocates for corporate and government accountability, con- sumer rights in the marketplace, safe and secure health care, fair trade, and clean and safe energy sources. Visit our web page at http://www.citizen.org. Acknowledgments: Chapters 1 through 4 of this book were authored by Todd Tucker for the 2008-09 edition, and remain mostly unchanged. Tucker was research director of Public Citizen’s Global Trade Watch until 2012. He is author of dozens of reports on the World Trade Organization, the North American Free Trade Agreement, and other trade, investment, consumer and economic issues. A graduate of George Washington University, he received his masters from Cambridge University where he is currently pursuing his Ph.D. Tucker conducted much of the primary research for the book’s earlier edition, with assistance from Lauren Forbes. -
Fast Track Trade Authority Todd Tucker and Lori Wallach
The Rise and Fall of Fast Track Trade Authority Todd Tucker and Lori Wallach The Congress shall have power ... to regulate commerce with foreign nations. 3 The Rise and Fall of Fast Track Trade Authority Todd Tucker and Lori Wallach © 2008 by Public Citizen’s Global Trade Watch. All rights reserved. ISBN 978-0-937188-66-8 No part of this document may be reproduced or utilized in any form or by any means, electronic or mechanical, including photography, recording, or by information exchange and retrieval systems, without written permission from the authors. Acknowledgments: This report was written by Todd Tucker and Lori Wallach. Additional writing and research provided by Lauren Forbes. Amy Bruno, Isaac Raisner and Rebecca Rid- dell provided research assistance. Thanks to Heather Boushey, James Decker, Bill Holland and Adina Rosenbaum for additional support. Thanks to Steve Charnovitz, Alfred Eckes, Ben Francis- Fallon, James Galbraith, Allen Matusow and Rick Perlstein for their historical insights. The authors are solely responsible for the paper’s content. Cover design by James Decker. Public Citizen’s staff is represented by the Service Employees International Union, Local 500. All photographs herein are believed to be in the public domain, and come primarily from government websites. Additional copies of this document are available from: Public Citizen’s Global Trade Watch 215 Pennsylvania Ave SE, Washington, DC 20003 (202) 546-4996 PC Product ID No: E9031 Other Titles by Public Citizen’s Global Trade Watch Federalism and Global Governance: Comparative Analysis of Trade Agreement Negotiation and Approval Mechanisms Used in U.S. and Other Federalist Governance Systems (July 2008) Prosperity Undermined: Economic Outcomes During the Era of Fast Tracked NAFTA and WTO Model Trade Agreements (June 2008) International Trade Agreements’ Constraints on State Government Procurement Policy Authority and Practices (March 2008) Presidential Candidates’ Key Proposals on Health Care and Climate Will Require WTO Modifications (Feb. -
Proposed TPP Rules Could Undermine Drug Cost Containment Provisions of Medicare, Medicaid
Memo From: Todd Tucker, Public Citizen1 Date: June 14, 2012 Re: Proposed Trans-Pacific Partnership rules could undermine drug cost containment provisions of Medicare, Medicaid and Veterans’ Health, hurting seniors, military families and the poor Summary Unbeknownst to the public and many policymakers, “trade” deals that are now being negotiated by the Obama administration could undermine access to affordable medicines in the United States. It has been an open secret among trade negotiators that U.S. pharmaceutical companies have pushed to limit countries’ drug price containment measures, such as through the recent bilateral U.S. “free trade” agreements (FTAs) with Korea and Australia. But the following analysis shows in detail (for the first time) that current U.S. efforts to reduce drug costs could be undermined by trade agreements such as the Trans-Pacific Partnership (TPP) FTA, which the Obama administration is currently negotiating. The U.S. programs that could be implicated by TPP proposals include Medicaid, Medicare, the Department of Defense’s TRICARE program for active military personnel, the Veterans Health Administration and the 340B program. We base our analysis on leaked texts of a new “Annex on Transparency and Procedural Fairness for Healthcare Technologies” that the Office of the U.S. Trade Representative (USTR) has submitted for inclusion in the TPP. We also show how proposed changes to Medicare championed by President Obama would clearly risk violating this TPP annex. Throughout, we show how trade tribunals are less likely to defer to health care program officials than do national judges, including conservatives like Justices Scalia and Thomas. We conclude with a suggested change to the TPP to insulate smart drug price containment strategies. -
Written Testimony of Todd Tucker, Research Director Public Citizen's Global Trade Watch Division Before the Ways & Means C
Auto Safety Congress Watch Energy Program Global Trade Watch Health Research Group Litigation Group Written Testimony of Todd Tucker, Research Director Public Citizen’s Global Trade Watch division Before the Ways & Means Committee, Subcommittee on Trade Hearing on Investment Protections in U.S. Trade and Investment Agreements Thursday, May 14, 2009 I thank Subcommittee Chairman Levin and the other members of the Ways & Means Committee for this opportunity to submit written testimony on behalf of Public Citizen for the record for the Hearing on Investment Protections in U.S. Trade and Investment Agreements. My testimony can be summarized with the following three points, elaborated in detail below: 1. The record of the North American Free Trade Agreement (NAFTA) demonstrates why removing harmful investment provisions from international agreements is in the interest of the United States and its trading partners. NAFTA’s investment chapter provides incentives to offshore jobs by removing many of the costs and risks of relocating production offshore. It also subjects U.S. environmental, consumer and other public-interest laws to challenge by foreign investors empowered to demand U.S. government compensation directly in foreign tribunals for domestic laws they deem to undermine their expected future profits. The investment chapter of the Central America Free Trade Agreement (CAFTA) expanded on the definition of foreign investments that were provided special protections and rights. Instructions in the 2002 Fast Track – that U.S. trade agreements not provide greater rights to foreign investors than are provided to U.S. investors under the U.S. Constitution – have been systematically ignored by U.S. -
Paul Kogan Adler 215C Palmer Hall 14 East Cache La Poudre St., Colorado Springs, CO 80903 [email protected] Office: (719) 389-6530
Paul Kogan Adler 215C Palmer Hall 14 East Cache La Poudre St., Colorado Springs, CO 80903 [email protected] Office: (719) 389-6530 ACADEMIC APPOINTMENTS Colorado College, Assistant Professor, 20th Century U.S. and the World, July 2018-Present. Harvard University History and Literature Concentration, Lecturer, July 2014-July 2018. EDUCATION Georgetown University, Ph.D. with Distinction in History, December 2014. Dissertation: Planetary Citizens: U.S. NGOs and the Politics of International Development in the Late Twentieth Century. Committee: Michael Kazin (chair), Joseph McCartin, and David Painter. Brandeis University, BA in Politics, May 2004. Magna Cum Laude with Highest Honors. BOOK The Fair Globalizers: U.S. NGO Activism from the 1970s to the Battle in Seattle. Under contract with the University of Pennsylvania Press. PUBLICATIONS “‘Can the World Bank Ever Be Reformed?’”: NGOs, Congress, and Critiques of Modernization,” Article for Humanity: A Journal of Human Rights, Humanitarianism, and Development. Revision requested. “Operation Monkeywrench: Towards A Populist Policy Process?” Article co-written with Dr. Todd Tucker for “Emerging Global Populisms” a special edition of the journal, Populism, Volume 2, Issue 2 (October 2019): 137- 156. “Creating ‘The NGO International’: North-South Civil Society’s Alternate Development Visions, 1974-1994.” Book chapter in The Development Century: A Global History, eds. Stephen Macekura and Erez Manela (Cambridge: Cambridge University Press, 2018), 305-326. “‘The Basis of a New Internationalism’: The Institute for Policy Studies and North-South Politics from the NIEO to Neoliberalism,” Diplomatic History 41, issue 4 (September 2017): 665-693. BOOK REVIEWS AND ENCYCLOPEDIA ARTICLES International Development: A Postwar History by Corinna Unger.