General Discussion
In reply to the discussion: If you could vote on TPP for America like UK voted on Brexit, how would YOU vote? [View all]randome
(34,845 posts)A corporation cannot sue under ISDS unless a country is actively discriminating against it. In other words, if a country passes a law that favors its own companies over foreign companies, that's where ISDS comes in.
Both sides in a dispute choose one judge and agree to a third. Do you think a country will choose judges that will help it lose a case?
And there are protections for workers' rights baked in. It's a bare minimum of standards, to be sure, but it's better than nothing, which is what they have now. The only way to raise standards in other countries is not to demand wholesale changes but to gradually ease them in. Otherwise, they tell us to go to hell and nothing gets done.
http://www.theatlantic.com/business/archive/2016/01/tpp-mexico-labor-rights/426501/
Most everyone agrees the agreement is an improvement over NAFTA, signed in 1995. Labor advocates have many complaints about that decades-old agreement, one being that many of the provisions meant to improve life for workers were unenforceable. In response to complaints about the lack of labor rights in NAFTA and other trade agreements, Congress came up in 2007 with the May 10th agreement, a bipartisan compromise aimed at ensuring that trade partners were actually working to improve labor conditions. It required that member countries adopt and enforce the basic labor standards set in the 1988 Declaration of the International Labor Organization. It also made labor disputes subject to the same settlement procedures as commercial trade disputes, meaning that countries that violated labor rules could be subject to sanctions. May 10th required the U.S. to hold countries more accountable for labor standardsCongress did not vote on trade agreements negotiated with Peru, Colombia, and Panama until those countries had changed their labor laws.
The TPPs Labour chapter reiterates that all members should adopt and maintain the labor rights of the ILO. It also calls for all participants to end child labor and forced labor, and to allow workers to form unions and collectively bargain. It requires a minimum-wage, and safety and health standards meant to prevent common abuses like overcrowding, fire hazards, and overwork. But the document does not specify how any of those measures should work. And thats a big shortcoming, according to John Sifton, the Asia advocacy director with Human Rights Watch. The minimum wage, for example, could be set at a penny an hourwhich wouldnt do much to help workers.
Countries such as Vietnam would have to completely revolutionize their legal systems to comply with the labor-union requirements, which doesnt seem likely, Sifton said. Thats why the U.S. Trade Representative (USTR) negotiated the real teeth of the improvements on labor rights in consistency plans with some of the countries with the most serious human-rights violation records: Vietnam, Malaysia, and Brunei, he said. A consistency plan outlines changes a country needs to make before the trade agreement comes into forceand then relies on the U.S. to enforce those changes.