Tag Archives: Transatlantic Trade and Investment Partnership (TTIP)

Secret Trade Deals – Role of Wikileaks

On August 11, 2015 WikiLeaks has launched a campaign to crowd-source a €100,000 reward for Europe’s most wanted secret: the Transatlantic Trade and Investment Partnership (TTIP).

Starting pledges have already been made by a number of high profile activists and luminaries from Europe and the United States….Since it began to face opposition from BRICS countries at the World Trade Organisation, US policy has been to push through a triad of international “trade agreements” outside of the WTO framework, aimed at radically restructuring the economies of negotiating countries, and cutting out the rising economies of Brazil, Russia, India, China and South Africa (BRICS).

The three treaties, the “Three Big T’s”, aim to create a new international legal regime that will allow transnational corporations to bypass domestic courts, evade environmental protections, police the internet on behalf of the content industry, limit the availability of affordable generic medicines, and drastically curtail each country’s legislative sovereignty.  Two of these super-secret trade deals have already been published in large part by WikiLeaks – the Transpacific Partnership Agreement (TPP) and the Trade in Services Agreement (TISA) – defeating unprecedented efforts by negotiating governments to keep them under wraps.

But for Europeans the most significant of these agreements remains shrouded in almost complete secrecy. The Transatlantic Trade and Investment Partnership (TTIP), which is currently under negotiation between the US and the European Union, remains closely guarded by negotiators and big corporations have been given privileged access. The public cannot read it.

Today WikiLeaks is taking steps to ensure that Europeans can finally read the monster trade deal, which has been dubbed an “economic NATO” by former US Secretary of State Hillary Clinton.  Using the new WikiLeaks pledge system everyone can help raise the bounty for Europe’s most wanted leak. The system was deployed in June to raise a $100,000 bounty for the TTIP’s sister-treaty for the Pacific Rim, the TPP.

The pledge system has been hailed by the New York Times as “a great disrupter”, which gives “millions of citizens… the ability to debate a major piece of public policy,” and which “may be the best shot we have at transforming the [treaty negotiation] process from a back-room deal to an open debate.”

WikiLeaks founder Julian Assange said,

“The secrecy of the TTIP casts a shadow on the future of European democracy. Under this cover, special interests are running wild, much as we saw with the recent financial siege against the people of Greece. The TTIP affects the life of every European and draws Europe into long term conflict with Asia. The time for its secrecy to end is now.”

Excerpts from WikiLeaks goes after hyper-secret Euro-American trade pact

Disputes between States and Foreign Investors

Investor-state dispute settlement (ISDS)cases*are decided by extrajudicial tribunals composed of three corporate lawyers. Although ISDS has existed for decades, its scope and impact has grown sharply in the last decade. As ISDS has been written into over 3,000 Bilateral Investment Treaties (BITs) and numerous Free Trade Agreements (FTAs), the opportunities for ISDS claims are huge and growing.

Originally justified as necessary to protect foreign corporate investments abroad from nationalization or expropriation by governments controlling national judiciaries, [it is claimed that] foreign corporations have used ISDS to change sovereign laws and undermine national regulations...Already, India, Indonesia and Ecuador have advised their treaty partners that they are considering ending their BITs because of ISDS. To reduce abuses, investors could be required to first prove discrimination in national courts before being allowed to proceed to ISDS arbitration. Alternatively, national courts could exercise judicial review over ISDS awards. Also, arbitrators could be required to be independent of the ISDS process, with set salaries, security of tenure and no financial ties to litigants while investor status for ISDS claims could be defined more strictly.

Excerpts from Jomo Kwame Sundaram ISDS Corporate Rule of Law, IPS, Dec. 1, 2016

*While ISDS is often associated with international arbitration under the rules of ICSID (the International Centre for Settlement of Investment Disputes of the World Bank), it often takes place under the auspices of international arbitral tribunals governed by different rules or institutions, such as the London Court of International Arbitration, the International Chamber of Commerce, the Hong Kong International Arbitration Centre or the UNCITRAL Arbitration Rules. ISDS has been criticized because the United States has never lost any of its ISDS cases. Some say the system is biased to favor American companies and American trade over other Western countries, and Western countries over the rest of the world (wikipedia)

Tar Sands from Canada to Europe

Canada and the US have threatened to pull out of TTIP [Transatlantic Trade and Investment Partnership] trade talks unless the EU ignores the massive emissions of oil from tar sands – and the EU is collapsing under the pressure…For five long years the federal government and the oil industry have lobbied against the European Union labeling oilsands (also called tar sands) bitumen as ‘dirty oil’ in its Fuel Quality Directive (FQD).  A new report [authored by environmental groups] reveals the how recent involvement of the US in the lobby offensive to keep the EU market open for bitumen exports has tipped the scales in favour of oilsands proponents….

The report shows the EU Fuel Quality Directive, a piece of legislation designed to reduce global warming greenhouse gas (GHG) emissions in the EU’s transportation sector, is unlikely to acknowledge fuels from different sources of oil – conventional oil, oilsands, oil shale – have different carbon footprints.  All oil is the same – no matter how great the disparity in emissions  Instead all oils will more than likely be treated as having the same GHG emissions intensity ‘value’ in the Directive. This is exactly what Canada, the oil industry and now the US have been pushing for…

The EU has not fallen for the federal government’s argument that bitumen produces only marginally more GHG emissions than conventional oil in extraction, processing, and use.  A European Commission study found bitumen’s carbon footprint is between 12% – 40% higher than conventional oil as so much of the bitumen produced from the tar sands is burnt to fuel the energy-intensive extraction process.  The report reveals trade, not science, is the cause of the EU backing off from implementing the Fuel Quality Directive as it was originally meant to be implemented.

The US in some ways has been more open [than Canada] about its lobbying against the Fuel Quality Directive.  US Trade Representative Michael Froman confirmed he “raised these issues [of the FQD implementation] with senior Commission officials on several occasions, including in the context of the Transatlantic Trade and Investment Partnerships (TTIP).” The TTIP is the highly controversial trade agreement between the US and the EU currently under negotiation.  European Commission documents obtained by Friends of the Earth Europe reveal the US trade missions has “substantive concerns” with the Fuel Quality Directive singling out fuels produced from bitumen as having a higher carbon footprint than conventional oil.    Like Canada and the oil industry, the US wants all oil – regardless of GHG emissions – to be treated the same as conventional oil in the Directive…Recently eleven members of US Congress sent a letter to the US trade mission expressing their concerns “that official US trade negotiations could undercut the EU’s commendable efforts to reduce carbon pollution.”

Excerpts, Derek LeahyIgnore tar sands emissions! EU buckles under US, Canada pressure in TTIP talks, Ecologist, July 23, 2014