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Egnever

(21,506 posts)
14. Not sure how the ISDS could be any fairer
Tue Aug 16, 2016, 12:55 AM
Aug 2016

Each party has their own rep on the panel and one agreed to by both parties. Your characterization of it is a little hyperbolic IMHO.

The environmental groups complaint seems to be that it does not go far enough. That is much different than it being disastrous. I don't think there is an argument that it improves on what currently exists even as it doesn't go far enough. However the door is left wide open for countries to strengthen their environmental laws without fear of it affecting the agreement.


LGBT legislation would be a sure loser for the over all agreement. Unless you are purposely trying to blow it up. Clearly there are countries that need to work on all sorts of bigotry including our own. Putting something in you know will be objected to would not be any way to come to an agreement. I am not saying that makes it right but like I said we have a long way to go on this subject ourselves with the likes of Kim Davis and her crowd.

I wouldn't characterize Labor provision enforcement in Vietnam Anemic considering they have to reach a certain level of compliance before the agreement takes effect for them. Beyond that here is an article that I found interesting on it.

http://thediplomat.com/2016/04/the-tpp-a-win-for-vietnams-workers/

The TPP: A Win for Vietnam's Workers

In the last decade, free trade agreements (FTAs) have expanded to cover more than traditional commercial matters like tariff reductions. Recent FTAs have increasingly included labor requirements to protect workers, especially in countries where companies pursue low-cost production through depressed wages, poor working conditions, and other subpar labor standards. This has dramatic effects on countries like Vietnam, where I have practiced law for 20 years. But even though FTAs regulating labor matters have increased dramatically in recent years, from four agreements in 1995 to 72 by 2015, Vietnam has refused to commit to labor requirements in FTAs — until now.

The Trans-Pacific Partnership (TPP) is the first trade agreement to subject Vietnam to enforceable labor commitments like freedom of association, collective bargaining, and minimum work conditions. Additionally, Vietnam signed a labor implementation plan with the United States that identifies specific actions needed to comply with TPP and which are subject to an additional layer of enforcement. It is clear TPP lives up to its name as a “21st century agreement,” enacting the strongest labor provisions of any trade deal, giving the opportunity to improve living standards and the quality of work for Vietnam’s people. These advances range across a number of different areas:


On the IP portion I would agree that I don't much like it. Having said that I am not a huge fan of IP protection in general. I think it does more harm than good as it is currently implemented. The TPP actually shortens current IP lengths in most cases as it compares to current US law though so it is an improvement in my opinion. It likely makes them longer in some participatory countries or even put them in place where they weren't before so on the one hand an improvement and on the other not so much. That said a lot of what america produces these days is IP material it accounts for a large portion of our jobs according to the patents and trade office

On April 11, 2012, the U.S. Commerce Department released a comprehensive report, entitled "Intellectual Property and the U.S. Economy: Industries in Focus," which found that intellectual property (IP)-intensive industries support at least 40 million jobs and contribute more than $5 trillion dollars to, or 34.8 percent of, U.S. gross domestic product (GDP).


That is a huge portion of our economy and that is an old number. There is in my opinion good reason to protect IPs I still feel the terms are too long but I do recognize the need for some sort of protection period. That said the effect this might have on developing countries that are signing on may end up creating a lack of access to ip protected material.

The Ip portion is tricky and I am not really sure how I feel about it and it's myriad impacts. I am not by any means convinced it is something that should be painted as a construct of the evil empire either.


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