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Leaked TPP ‘Environment Chapter’ Shows ‘Corporate Agenda Wins’ January 15, 2014

Posted by rogerhollander in Asia, Trade Agreements.
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Roger’s note: I have always found international trade issues and documents to be dull and boring.  Time to wake up, Roger.  The TPP (Trans-Pacific Partnership) is NAFTA on steroids.  Consider this: when governments turn over authority to private corporations, the distinction between private and pubic disappears.  Government and corporations become indistinguishable.  This is rightly called National Socialism.  Another word for it is Nazi-ism.  You don’t need Brown Shirts, goose-stepping and a dictator with an absurd looking moustache to have genuine fascism.  A president and Congress, backed by a compliant Supreme Court, wholly sold out and owned by the private corporate world (backed by the military and Homeland Security supplied local police forces) will do.

Published on Wednesday, January 15, 2014 by Common Dreams

US called main ‘outlier’ when it comes to strong protections; Leak comes as Obama tries to ram trade deal through Congress

– Jon Queally, staff writer

Confirming the suspicions and fears of environmental campaigners and concerned individuals across the globe, Wikileaks on Wednesday released a draft version of the ‘Environment Chapter’from the Trans-Pacific Partnership (TPP), exposing most of the so-called “environmental protections” as toothless policies that serve to protect corporate profit not Mother Earth.

In its review of the chapter—which covers environmental issues related to trade, including climate change, biodiversity and fishing stocks; and trade and investment in ‘environmental’ goods and services—Wikileaks described the chapter as functioning like “a public relations exercise” and saying the text is most notable “for its absence of mandated clauses or meaningful enforcement measures.”

“Today’s WikiLeaks release shows that the public sweetner in the TPP is just media sugar water,” said Wikileaks’ publisher Julian Assange in a statement. “The fabled TPP environmental chapter turns out to be a toothless public relations exercise with no enforcement mechanism.”

The draft chapter, which was presented at the Salt Lake City, Utah round of negotiations that took places in November, contains language from the participating nations describing their positions on environmental protections that would be included in the final deal.

According to Jane Kelsey, a professor of environmental law at the University of Auckland in New Zealand, the leaked text of the agreement shows no balance between commercial interests and those of the environment.

“Instead of a 21st century standard of protection, the leaked text shows that the obligations are weak and compliance with them is unenforceable… The corporate agenda wins both ways.” –Jane Kelsey, Univ. of Auckland

“Instead of a 21st century standard of protection, the leaked text shows that the obligations are weak and compliance with them is unenforceable,” she writes in apublic statement (pdf) Wednesday. “Contrast that to other chapters that subordinate the environment, natural resources and indigenous rights to commercial objectives and business interests. The corporate agenda wins both ways.”

Kelsey’s review of the draft also points out that the main outlier on environmental protections is the United States. She also notes that because the protections included in the draft fall short even of those contained in previous trade agreements backed by the US, passage of the deal will create a “particular political dilemma” for President Obama and other backers. She writes:

The text falls far below the standards it has insisted are included in all US free trade agreements since May 2007, which resulted from a deal reached between the Democrat-­‐controlled Congress and President George W Bush.

The most fundamental problem for the US is the refusal of all the other countries to agree that the chapter should be subject to the same dispute settlement mechanism as the rest of the agreement. It provides for consultation at officials and ministerial levels, leading to arbitration and agreement to a plan of action, but there are no penalties if the state does not implement the plan.

Obama is going to find this a very hard sell to domestic constituencies. The timing of the leak could hardly be worse. On 9 January 2014 a Bill seeking fast track authority was presented to the Congress. The controversial fast track process requires the Congress to accept or reject the deal as a whole and imposes a strict time limit on debate. The numbers were already stacking up against the Bill, with Democrats especially critical of the erosion of their powers and the secrecy of the negotiations, as well as the reported content. This leaked environment chapter will further erode support among Democratic members of the House of Representatives who are up for re-election later this year.

Obama is going to have to rely heavily on unfriendly Republicans.

Read Wikileaks’ full press statement here and view the complete draft version here (pdf).

The secretive TPP trade deal between the United States and 11 other Pacific rim nations that has been negotiated with the backing of corporate interests but kept secret from the general public and even most lawmakers from the participating countries.

Ilana Solomon, the director of the Sierra Club’s Responsible Trade Program, responded to the leaked draft by telling the New York Times on Wednesday that the language in the deal omits crucial protections against increased environmental destruction caused by globalized trade practices.

“It rolls back key standards set by Congress to ensure that the environment chapters are legally enforceable, in the same way the commercial parts of free-trade agreements are,” Ms. Solomon said.

Long sought by journalists, green activists, and environmental advocacy organizations the trade deal’s chapter on the environment will be hotly reviewed throughout the day. Follow reactions and updates on Twitter:

The Underlying Divisions in the Health Care Debate December 18, 2009

Posted by rogerhollander in Barack Obama, Democracy, Health, Political Commentary.
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(Roger’s note: Hmm, “the merger of government power and corporate interests.”  Now, where have I heard that before?  Yes, now I remember, it was called National Socialism and occurred in post-Weimar Germany in the 1930s.  The article below discusses the corporatist phenomenon but stops short of calling a spade a spade.  Corporatism = Capitalism.  Plain and simple.  The inner logic of capitalism, whether it occurs in a political democracy or in a Communist dictatorship in the form of state capitalism, is accumulate, accumulate, accumulate.  The big keeps getting bigger, the rich richer, the poor poorer.  With greater economic concentration comes the ability to hijack the political process, which is exactly what we are seeing in the United States.  Big Corporate America owns Congress, the Presidency, and via the Presidency the Supreme Court.  “We the People” are the ones left out.  Permanent war, billions upon billions spent upon nuclear and non-nuclear armaments; permanent economic crisis; continuing deterioration of the social safety net; continuing environmental degradation: these are the by-products of worldwide capitalism.  Nothing short of revolutionary changes can save the planet [or do you think the heads of state meeting at Copenhagen — the heads of state of the industrial nations fronting for oil and coal, the heads of state of the poor nations bludgeoned by the likes of Hillary Clinton and Rahm Emanuel into submission — do you think they can or will do it?])
 
Published on Friday, December 18, 2009 by Salon.comby Glenn Greenwald
Ed Kilgore has a very perceptive analysis in The New Republic about the underlying (and largely unexamined) ideological and strategic differences among progressives that are at least partially driving the rift over the health care bill.  He argues — correctly — that the current debate “displays a couple of pretty important potential fault lines within the American center-left” that have manifested in other disputes as well.  That was the principal point of this much-maligned Daily Kos post observing that many (but not all) of the progressive bloggers most vehemently demanding passage of the health care bill also supported the Iraq War.  As the author of that post (Jake McIntyre) explicitly said, his intent wasn’t to suggest that those individuals shouldn’t be listened to because of their Iraq position six years ago (that would be an invalid and unfair claim), but simply that — as Kilgore says — there are underlying and significant differences in strategic and ideological outlook driving the health care debate that have been present for some time but are typically ignored.Shared contempt for the Bush administration (at least once Bush and the Iraq War became discredited) largely obscured these differences when Bush was in office.  The desire to undermine the Bush GOP and dislodge that movement from power subsumed all other objectives and united people with vastly different political outlooks and agendas.  There is still a shared revulsion towards the Palin/Limbaugh Right, but that faction is too marginalized and impotent to serve the same function.  With the unifying force of Bush/Cheney gone, the divisions Kilgore describes are now vibrant and increasingly potent.  In addition to health care and Iraq, roughly the same progressive fault lines are seen over the bank bailout, escalation in Afghanistan, Obama’s economic team, tolerance for Obama’s embrace of Bush/Cheney civil liberties polices, and even the reaction to Matt Taibbi’s recent Rolling Stone article on Obama’s subservience to Wall Street. 

There are many reasons for the progressive division on the health care bill.  There are differences over the narrow question of health care policy, with some believing the bill does more harm than good just on that ground alone.  Some of it has to do with broader questions of political power:  if progressives always announce that they are willing to accept whatever miniscule benefits are tossed at them (on the ground that it’s better than nothing) and unfailingly support Democratic initiatives (on the ground that the GOP is worse), then they will (and should) always be ignored when it comes time to negotiate; nobody takes seriously the demands of those who announce they’ll go along with whatever the final outcome is.  But the most significant underlying division identified by Kilgore is the divergent views over the rapidly growing corporatism that defines our political system.

Kilgore doesn’t call it “corporatism” — the virtually complete dominance of government by large corporations, even a merger between the two — but that’s what he’s talking about.  He puts it in slightly more palatable terms:

To put it simply, and perhaps over-simply, on a variety of fronts (most notably financial restructuring and health care reform, but arguably on climate change as well), the Obama administration has chosen the strategy of deploying regulated and subsidized private sector entities to achieve progressive policy results. This approach was a hallmark of the so-called Clintonian, “New Democrat” movement, and the broader international movement sometimes referred to as “the Third Way,” which often defended the use of private means for public ends.

As I’ve written for quite some time, I’ve honestly never understood how anyone could think that Obama was going to bring about some sort of “new” political approach or governing method when, as Kilgore notes, what he practices — politically and substantively — is the Third Way, DLC, triangulating corporatism of the Clinton era, just re-packaged with some sleeker and more updated marketing.  At its core, it seeks to use government power not to regulate, but to benefit and even merge with, large corporate interests, both for political power (those corporate interests, in return, then fund the Party and its campaigns) and for policy ends.  It’s devoted to empowering large corporations, letting them always get what they want from government, and extracting, at best, some very modest concessions in return.  This is the same point Taibbi made about the Democratic Party in the context of economic policy:

The significance of all of these appointments isn’t that the Wall Street types are now in a position to provide direct favors to their former employers. It’s that, with one or two exceptions, they collectively offer a microcosm of what the Democratic Party has come to stand for in the 21st century. Virtually all of the Rubinites brought in to manage the economy under Obama share the same fundamental political philosophy carefully articulated for years by the Hamilton Project: Expand the safety net to protect the poor, but let Wall Street do whatever it wants.

One finds this in far more than just economic policy, and it’s about more than just letting corporations do what they want.  It’s about affirmatively harnessing government power in order to benefit and strengthen those corporate interests and even merging government and the private sector.  In the intelligence and surveillance realms, for instance, the line between government agencies and private corporations barely exists.  Military policy is carried out almost as much by private contractors as by our state’s armed forces.  Corporate executives and lobbyists can shuffle between the public and private sectors so seamlessly because the divisions have been so eroded.  Our laws are written not by elected representatives but, literally, by the largest and richest corporations.  At the level of the most concentrated power, large corporate interests and government actions are basically inseparable.

The health care bill is one of the most flagrant advancements of this corporatism yet, as it bizarrely forces millions of people to buy extremely inadequate products from the private health insurance industry — regardless of whether they want it or, worse, whether they can afford it (even with some subsidies).   In other words, it uses the power of government, the force of law, to give the greatest gift imaginable to this industry — tens of millions of coerced customers, many of whom will be truly burdened by having to turn their money over to these corporations — and is thus a truly extreme advancement of this corporatist model.  It’s undeniably true that the bill will also do some genuine good, as it will help many people who can’t get coverage now to get it (though it will also severely burden many people with compelled, uncontrolled premiums and will potentially weaken coverage for millions as well).  If one judges the bill purely from the narrow perspective of coverage, a rational and reasonable (though by no means conclusive) case can be made in its favor.  But if one finds this creeping corporatism to be a truly disturbing and nefarious trend, then the bill will seem far less benign.

As I’ve noted before, this growing opposition to corporatism — to the virtually absolute domination of our political process by large corporations — is one of the many issues that transcend the trite left/right drama endlessly used as a distraction.  The anger among both the left and right towards the bank bailout, and towards lobbyist influence in general, illustrates that.  Kilgore says that anger among the left and right over corporatism is irreconcilable, and this is the point I think he has mostly wrong:

To put it more bluntly, on a widening range of issues, Obama’s critics to the right say he’s engineering a government takeover of the private sector, while his critics to the left accuse him of promoting a corporate takeover of the public sector. They can’t both be right, of course, and these critics would take the country in completely different directions if given a chance.  But the tactical convergence is there if they choose to pursue it.

This supposedly irreconcilable difference Kilgore identifies is more semantics than substance.  It’s certainly true that health care opponents on the left want more a expansive plan while opponents on the right want the opposite.  But the objections over the mandate are largely identical — it’s a coerced gift to the private health insurance industry that underwrites the Democratic Party.  The same was true over opposition to the bailout, objections to lobbying influence over Washington, and most of all, the growing anger that Washington serves the interests of financial elites at the expense of the working class.  

Whether you call it “a government takeover of the private sector” or a “private sector takeover of government,” it’s the same thing:  a merger of government power and corporate interests which benefits both of the merged entities (the party in power and the corporations) at everyone else’s expense.  Growing anger over that is rooted far more in an insider/outsider dichotomy over who controls Washington than it is in the standard conservative/liberal ideological splits from the 1990s.  It’s true that the people who are angry enough to attend tea parties are being exploited and misled by GOP operatives and right-wing polemicists, but many of their grievences about how Washington is ignoring their interests are valid, and the Democratic Party has no answers for them because it’s dependent upon and supportive of that corporatist model.  That’s why they turn to Glenn Beck and Rush Limbaugh; what could a Democratic Party dependent upon corporate funding and subservient to its interests possibly have to say to populist anger?

Even if one grants the arguments made by proponents of the health care bill about increased coverage, what the bill does is reinforces and bolsters a radically corrupt and flawed insurance model and and an even more corrupt and destructive model of “governing.”  It is a major step forward for the corporatist model, even a new innovation in propping it up.  How one weighs those benefits and costs — both in the health care debate and with regard to many of Obama’s other policies — depends largely upon how devoted one is to undermining and weakening this corporatist framework (as opposed to exploiting it for political gain and some policy aims).  That’s one of the primary underlying divisions Kilgore identifies, and he’s right to call for greater examination and debate over the role it is playing.

Copyright ©2009 Salon Media Group, Inc.

Glenn Greenwald was previously a constitutional law and civil rights litigator in New York. He is the author of the New York Times Bestselling book “How Would a Patriot Act?,” a critique of the Bush administration’s use of executive power, released in May 2006. His second book, “A Tragic Legacy“, examines the Bush legacy.