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Egnever

(21,506 posts)
19. Interesting links thanks
Wed Aug 17, 2016, 04:22 AM
Aug 2016

I think fair points as well.


Some thoughts

The first link is in reference to NAFTA not TPP though it does concern the arbitration proceedings TPP changes them to be more transparent.

The Rules of Procedure, established under this Agreement in accordance with
Article 27.2.1(f) (Functions of the Commission), shall ensure that:
(a) disputing Parties have the right to at least one hearing before the
panel at which each may present views orally;
(b) subject to subparagraph (f), any hearing before the panel shall be
open to the public, unless the disputing Parties agree otherwise
;
(c) each disputing Party has an opportunity to provide an initial and a
rebuttal written submission;
(d) subject to subparagraph (f), each disputing Party shall:
(i) make its best efforts to release to the public its written
submissions, written version of an oral statement and
written response to a request or question from the panel, if
any, as soon as possible after those documents are filed;
and
(ii) if not already released, release all these documents by the
time the final report of the panel is issued
;
(e) the panel shall consider requests from non-governmental entities
located in the territory of a disputing Party to provide written views
28-13
regarding the dispute that may assist the panel in evaluating the
submissions and arguments of the disputing Parties;
(f) confidential information is protected;
(g) written submissions and oral arguments shall be made in English,
unless the disputing Parties agree otherwise; and
(h) unless the disputing Parties agree otherwise, hearings shall be held
in the capital of the responding Party.

Considering the complaints of the first article this should be a welcome change.


The second link excerpt you posted states

the extrajudicial tribunals are authorized to order unlimited sums of taxpayer compensation for health, environmental, financial and other public interest policies seen as frustrating the corporations


The TPP specifically recognizes the right of nations to improve health and environmental laws

RECOGNISE their inherent right to regulate and resolve to preserve the
flexibility of the Parties to set legislative and regulatory priorities,
safeguard public welfare, and protect legitimate public welfare objectives,
such as public health, safety, the environment, the conservation of living
or non-living exhaustible natural resources, the integrity and stability of
the financial system and public morals;
RECOGNISE further their inherent right to adopt, maintain or modify
health care systems;


On the third one while I think it is correct that labor can not bring a suit directly I am not sure how a suit from a corporation would be brought against labor. Unless you think they would be complaining the labor standards were too high?

I think it would make much more sense that competitors would complain that the countries are not enforcing labor standards and therefore are essentially subsidizing their competitor.

It does provide for reviews of labor standards and sets up councils for those reviews that are accessible to the public. It also provides a mechanism for the public or interest groups to file concerns that are public and must be considered.

I don't think it is perfect by any means but I do think it improves in a lot of areas over existing treaties and takes many steps in the right direction. Yes I agree parts could be stronger but in many areas it improves on what is currently in place.

Thanks again for the links they were interesting reading
Latest Discussions»General Discussion»If you are against the TP...»Reply #19