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pampango

(24,692 posts)
9. Actually, the Senate and the House will have to approve the TPP - at least that has been the case
Sun Aug 4, 2013, 09:03 AM
Aug 2013

with every other trade agreement.

In the United States, the term "treaty" is used in a more restricted legal sense than in international law. U.S. law distinguishes what it calls treaties from congressional-executive agreements and sole-executive agreements. All three classes are considered treaties under international law; they are distinct only from the perspective of internal United States law. The distinctions are primarily concerning their method of ratification: by two-thirds of the Senate, by normal legislative process, or by the President alone, respectively.

In general, arms control agreements are often ratified by the treaty mechanism. At the same time, trade agreements (such as the North American Free Trade Agreement and United States accession to the World Trade Organization) are generally voted on as a CEA, and such agreements typically include an explicit right to withdraw after giving sufficient written notice to the other parties. If an international commercial accord contains binding "treaty" commitments, then a two-thirds vote of the Senate may be required.

American law is that international accords become part of the body of U.S. federal law. As a result, Congress can modify or repeal treaties by subsequent legislative action, even if this amounts to a violation of the treaty under international law

http://en.wikipedia.org/wiki/Treaty_Clause

Every trade agreement since the one with Israel in 1975 has been a "congressional-executive agreement" which requires both houses of congress to approve.

It will also be interesting to see if the House approves "fast track" authority. The tea party influence there (with their distrust of Obama and multinational organizations like the UN and the WTO) would seem to make make passage unlikely.

As you posted, the last time TPA passed in the House in 2002 it did so it did so by just 3 votes and that was with a republican president and before the big influx of tea party types. Also the republican congress refused to grant Clinton TPA when it expired during his second term. I don't think they are likely to give it to Obama now.

Without TPA the TPP is a "dead man walking". None of the previous trade agreements passed without TPA. Neither will the TPP.
What could go wrong? Just about everything cali Aug 2013 #1
That word keeps popping up more and more frequently, stakeholders Fumesucker Aug 2013 #2
Speaking of "stakeholders" cali Aug 2013 #3
"...a secretive regional free trade/investor rights initiative..." Buns_of_Fire Aug 2013 #11
last stage of global corporate takeover nt Mojorabbit Aug 2013 #12
I'm not sure how quickly this terrible deal written by hundreds of corporate attorney's midnight Aug 2013 #4
before it can happen, the admin has to get Congress cali Aug 2013 #5
soldout mtasselin Aug 2013 #7
Actually, the Senate and the House will have to approve the TPP - at least that has been the case pampango Aug 2013 #9
so corporations are being given even more economy manipulation power and international governance geckosfeet Aug 2013 #6
Deals like this could be a good thing, but usually aren't Babel_17 Aug 2013 #8
"that makes international corporations more powerful than governments Zorra Aug 2013 #10
"elevate the rights of foreign investors above domestic investors" GiaGiovanni Aug 2013 #13
Nah, not worse. About exactly what I expect. malthaussen Aug 2013 #14
A GOP administration could never have gotten away with this leftstreet Aug 2013 #15
huh? yes, they would have and they've done so in the past under shrub cali Aug 2013 #16
No, I mean Democrats would be screaming leftstreet Aug 2013 #17
oh. maybe. The thing is there's so damned little about the TPP in the MSM cali Aug 2013 #18
Latest Discussions»General Discussion»Fuck the TPP. It's worse...»Reply #9