FTA threats: | CONTENTS | INTRODUCTION | DANGERS | ISDS | BENEFITS | EXAMPLES of FTAs | NGOs | ACTION by YOU | REFERENCES / LINKS | Impacts on CLIMATE CHANGE & TAR SANDS & FRACKING  <<< SLACC members please note (& ACTION by YOU section - especially green text)
 
Free Trade Agreements (FTAs) and the dangerous Investor-to-State Dispute Settlement clause (ISDS)

  
                                     Trading our rights for corporate power and profits?
 My web-site HUB page HERE

Web-site written by Dr Henry Adams, Kendal, (that's me) who has been reading up on FTAs since 2011, when I received a not so "re-assuring" letter from Ed Davey MP (then in BIS, now DECC) after I wrote to government (via Tim Farron MP) on the dangers of CETA in forcing higher-carbon-emissions tar sands fuels into the EU and UK. Thank you Trade Justice Movement for describing this web-page as "a great resource". This web-page is currently being continually improved.


ACTION:  TTIP and CETA will liberalize trade and extraction of the worst fossil fuels, so increasing climate change.
         FoE makes it easy to urge your MEPs against this:  https://www.foe.co.uk/act/who-wouldnt-reject-toxic-trade-deal
ACTION: Please sign the 'Self-organised EUROPEAN CITIZENS' INITIATIVE (ECI) against TTIP and CETA' Sign the ECI! Stop TTIP   
        More ACTION options in ACTION by YOU section (see above - highlighted)
NB: Westmorland & Lonsdale constituency and South Lakes residents - green text is for you.

       I have also started (in October) a STOP TTIP South Lakes web-page for you: www.dragonfly1.plus.com/STOP-TTIP-South-Lakes.html  <<<
My briefing for Tim Farron MP in July (a pdf): www.bit.ly/FTAbriefTimFarron - now with Vince Cable/BIS for responses to specific numbered points.
LEAFLETING ACTION: Please
read, download, print and distribute this pdf leaflet by 'STOP TTIP South Lakes'. More on this in ACTION by YOU section. 


Joseph Stiglitz, Nobel prize-winning economist, said with regards 'Free Trade Agreements' such as TTIP/TAFTA: "Corporations everywhere may well agree that getting rid of regulations would be good for corporate profits. Trade negotiators might be persuaded that these trade agreements would be good for trade and corporate profits. But there would be some big losers - namely, the rest of us." (copied from www.citizen.org/TAFTA).

Legislation is under negotiation that would allow US multinational corporations such as Chevron or Monsanto to sue the UK or EU outside our court system if any new UK or EU laws or regulations might reduce their future profits (such as climate legislation). If this threat to our democratic rights to try for a better future "raises your hackles" then this web-page I hope will arm you to have your say.

Trade agreements can potentially be beneficial for the majority of affected people, but the so-called 'Free Trade Agreements', and Bilateral Investment Treaties (BITs), which are enveloping the world, are like "Trojan Horses" as they affect much more than just trade, and in ways opposite to beneficial, except for a minority. They are in effect "corporate charters", negotiated behind closed doors with exclusive access and influence given to corporate interests to further their aims for maximizing profits and global domination. The latter is implemented by the dangerous text they typically contain that empowers multi-national corporations to legally trump or straight-jacket national and EU law, policy and regulations, and thus also democracy and sovereignty. FTAs and BITs prioritize profit over people, and are a huge threat to our climate, environment, health and safety, human rights, employment rights, indigenous peoples' rights etc, etc (the list is long). This web-page explains how FTAs are dangerous in these ways, and provides evidence from existing FTAs.

The biggest FTA affecting the UK now is the Transatlantic Trade and Investment Partnership (TTIP) between the EU and US, which is currently under negotiation. As with other FTAs, one of its main aims, and its largest requirement for its hyped-up financial benefits, is deregulation: the levelling down or removal of key regulations protecting us and our environment, such as from toxic chemicals, pollution, carbon emissions, fracking, environmental destruction, misuse of GM and pesticides, employment rights, bank crises, etc. These hard-won regulations TTIP lumps in the category 'non-tariff barriers' - barriers to potential profits for multinational corporations. Also within this category are public procurement policies, to be prized open with a legal ratchet for irreversible privatization of public services such as the NHS - to convert taxpayers money into dividends for the rich. TTIP will increase some regulations: those that protect corporate power and profits. Here is a 4 minute introductory video of TTIP: What is the TTIP?

This web-page aims to provide you with information and resources to help you have your say on these FTAs, especially the TTIP and its equivalent with Canada (the CETA).

 

Do watch this excellent 5 minute video, which gives evidence of some of the worst aspects of FTAs, such as their most dangerous clause the ISDS mechanism, which we must fight to remove from the TTIP and other FTAs:
 

NO FRACKING WAY | How the EU-US trade deal risks expanding fracking in Europe and the US | news release [2014] from SourcedTV on Vimeo.

'A trade agreement currently being negotiated between the US and the EU could open the way to multi-billion euro lawsuits from companies wanting to expand “fracking” for shale gas and oil, reveals a new report today. As part of the proposed investor rights chapter in the EU-US trade deal, companies could be allowed to sue governments, through a binding arbitration system that operates outside national frameworks, if they attempt to regulate or ban fracking [or change any policy or regulation that might reduce profits from any activity of a multi-national company]. Campaigning groups are urging the EU to not include such rights in the trade deal.'  - Such corporate rights are the ISDS mechanism, which this web-page describes in detail further below.

Stop the Corporate Power Grab
Click here to help stop the corporate power grab
  This power grab, unless checked, will give corporations a profit-focused set of laws with legal superiority above national sovereignty and thus democracy. With such added powers (as if multi-nationals are not powerful enough!), corporations are likely to legally force these on you: fracking and other risky extraction processes, Monsanto's GM crops and pesticides, more pollution of air, land and water, higher carbon emissions diesel from the destructive tar sands industry, irreversible privatization of public services (e.g. NHS), increased stifling of climate legislation by oil companies such as Chevron, etc, etc.
          For CONTENTS - scroll down (the jump to CONTENTS does not work well in Safari and Chrome)

There are better alternative forms of trade to "free trade", and
fair trade is better than "free trade"!
B
e aware that FTAs affect much more than just trade, and removing the very low remaining tariffs is but a tiny part of what they encompass:
They impact on almost all economic and political activity and more besides: they will affect all of us: much of what we do and try to do.
If you don't want big multi-national companies being given legal powers to constrain and even over-ride national sovereignty and your democratic rights, then I hope you will find this web-page useful to you as a resource to help you defend your rights.

If this subject is new to you (it has been hidden from the public) - scroll down to read my introduction, or a recent 'must-read' article, then if you feel the urge to respond - jump to the ACTION by YOU section, such as via the CONTENTS. Don't feel you have to read everything on this page before going to the action section. This is a huge multi-topic subject, much of which you can regard as for reference, for picking out what topics interest you most, whether it be tackling climate change, NHS privatization, food and farming standards ...


South Cumbria's Cumberland and Lonsdale constituents (including
SLACCtt & SL-WDM): 1. the green text is for you, 2. the 'ACTION by YOU' section provides help for you to write to Tim Farron MP.      SLACCtt: note that there is a section on impacts of FTAs on CLIMATE CHANGE, fracking, tar sands (via CONTENTS below).

CONTENTS of this web-page      Jumps to sections within this web-page:

DANGERS:
The negative aspects of FTAs

Any positive benefits?
Examples of FTAs
e.g.
TTIP TAFTA CETA
 TPP NAFTA

Alternatives to FTAs:

Alternative Trade Mandate
NGO's, people, websites re trade justice & local democracy, civil society ACTION by YOU
& SLACCtt
& for MPs & MEPs
Correspondence and meetings between Henry Adams and Tim Farron MP (pdf)
& ditto
Brian Woodward
Reference LINKS

you may prefer your own analysis
to mine!
CETA Canada-EU FTA & tar sands
NB: links to "reassuring" (NOT!) response letter from Ed Davey of 6sep11
CLIMATE CHANGE & fracking
 e.g. threat of TTIP & CETA negotiations to EU CC legislation & to democratic control of fracking & tar sands
             v  v  v                                                                                       Westmorland & Lonsdale constituents: useful information specific for you in the ACTION by YOU section
                
v

Negative aspects: | ISDS < the most dangerous threat! | Levelling down regulations | Corporate vetting of proposed regs | Will precautionary principle survive? | Re human rights & indigenous rights | Lowering of food & farming standards | Privatization of public services e.g. NHS | Employment rights | Chemicals | Education | Intellectual Property Rights, Patents & Copyright | Internet freedom & privacy | Further deregulation for financial services | Corporate tax-dodging ensures no level playing field | Flawed neoliberal ideology 


Recent or must read articles:      (to view more click HERE, from where you can click to get back to CONTENTS section)

My briefing for Tim Farron MP in July (a pdf): www.bit.ly/FTAbriefTimFarron
A useful summary of the strong concerns of NGOs representing our public interests: 11nov13 letter (pdf) re TTIP/TAFTA to Obama, Barroso, Van Rompuy which has many signatories for NGOs etc from both sides of the Atlantic.

16apr14 [Not introductory but powerfully useful and up-to-date:] 'Still not loving ISDS: 10 reasons to oppose investors’ super-rights in EU trade deals' - Corporate Europe Observatory.
'What does the biggest free trade deal in history mean for the environment?' The Guardian ECO AUDIT of 14mar14, with Karl Mathieson collating comments and ending with his verdict.
'Give and take in the EU-US trade deal? Sure. We give, the corporations take' George Monbiot, 11mar14, The Guardian.
And... (continue here).
'30 Reasons why Greens oppose TTIP' - 6jun14.  <<< Excellent, and easy to read.
This brief concise summary is also an easy read: TTIP of the Iceberg [but 2nd sentence of 2nd paragraph is strangely wrong].
Here I write a detailed rebuttal of Ken Clarke's pro-TTIP "reassurance" letter to Tim Farron MP (pdf), July 2014. Shortened link: www.bit.ly/FTAhenryKC
An excellent letter re TTIP, CETA, ISDS, by Dr Brian Woodward (main author) to represent views of South Lakeland WDM: SL-WDM-letter-TTIP-CETA-ISDS.pdf
Brian briefly summarizes some TTIP issues at NW Transition Conference on 12july14: 'TTIP and Transition' 


Introduction             (N.B. in reality, FTA's are not just about trade)

Big multinational corporations are insidiously using the negotiations towards Free Trade Agreements to increase their power over and above sovereign states by secretively stitching up the world's nations within legal straitjackets. These are forming a global sticky web that will be increasingly difficult for nations to get out of when the public eventually realize how much "democracy" has been seriously diminished.  Such corporations are achieving this by playing a major part within the "behind closed doors" FTA negotiations between nations and nation-groups such as the EU. These negotiations are non-transparent, inaccessible and unaccountable to us the public and any NGOs trying to protect our public-interest. The resulting FTAs become "Trojan Horses" by containing dangerous "payloads". Here are some:

1. Deregulation: Under the name "regulatory harmonisation" or other preferred terms they try to level down or eliminate any regulations or policies that can be regarded as being "barriers to free trade" and free market principles, or "burdensome" to investment profits, even those
regulations designed to protect people and environments. Profits are given legal primacy over everything else. Conversely they aim to increase regulations that protect potential profits - especially from those corporate activities that are against the public interest (i.e. that would be harder to gain legal protection under democratic scrutiny). An alternative to regulatory harmonisation has been proposed for some trade sectors for TTIP called 'mutual recognition' - where differing regulatory standards are retained for domestic products but foreign (US to us) products can be imported even if they don't meet our regulatory standards: this has obvious health and safety implications for example regarding US food and other products currently banned from the EU. Linda Kaucher of StopTTIPuk shows here how deregulation in TTIP connects with the deregulation drive in the EU and the UK (UK Deregulation Bill now Act).

2. Especially dangerous is the inclusion in the investment chapter of text that gives companies the right to sue governments outside of our legal and court system if their potential profits from trade, investment or other activities are restricted or threatened by any new policy decisions or new laws and regulations. This text is the Investor-to-State Dispute Settlement mechanism (ISDS) - which I will explain in the "Trojan Horse" section below. There is already ample evidence from existing FTAs and BITs that corporations are suing governments for loss of profits from, for example, attempts to stop polluting and destructive mining projects, and fracking.

3.
For the regulatory co-operation chapter (which includes the problematical "regulatory harmonization" aka "regulatory co-operation" aim), US is pushing for US interests and their lobbying groups and stakeholders (mostly industry) to be given the power to amend, dilute, delay or possibly even block any EU ideas for regulatory improvements, and at an undemocratically early stage in the development process - before even reaching a stage of democratic involvement (by MEPs or public citizens). Proposed climate legislation could thus be killed at birth by Chevron, a US official adviser and backed by the US trade representative. [Refs: CEO, FT, etc in CONTENTS | CLIMATE CHANGE...).

4. They provide a legal ratchet system to make privatization of public services effectively irreversible or more difficult to reverse. For the UK and its NHS this is dangerous, especially if the NHS is not made 100% exempt from this threat in the EU-US trade deal now under negotiation. The opening up of he NHS and its huge supply of taxpayers money to plundering by corporate interests and their shareholders is worrying: it is a very tempting treasure trove for transfer of taxpayers money to shareholder dividends and company directors - which Cameron and Osborne are pleased to make available under the false presumption that private is better than public for delivering public services [G4S? ATOS? private care homes?...!]. It is also central to calculations of [speculative] "financial benefits" [to whom?] of the trade deal. Kendal's Dr Brian Woodward provides insightful summary of this from official references [pdf of his letter].
 
Most important to us in the UK right now are the FTAs under negotiation between the EU and USA (TTIP) and between EU and Canada (the CETA). The other huge FTA under negotiation is the trans-Pacific TPP between USA and other states in or bordering the Pacific. With these in place it will be checkmate: no nation will want to risk facing multi-million (or even multi-billion) dollar lawsuits by creating any laws or policies that might threaten corporate profits such as climate legislation, restrictions on GM food imports or of destructive and polluting mining projects.

"Free trade" Economics (skip if that's not your interest): "Free trade" is being peddled as a cure-all to economic problems and to give a boost to the flawed goal of unqualified GDP growth, despite the reality that "Free Trade Agreements" have less to do with trade but much more to do with profits from deregulation and privatization, which shift costs onto us. The cure-all notion is a neoliberal ideological myth and a part of “market fundamentalism”, or in reality a twisted form of all these concepts - as the market created is far from being a “level playing field” for fair competition, or ‘free’, as the biggest players ensure they get the biggest advantage - and a legalized big advantage too, thus paradoxically destroying the concept of a level playing field for a market to function well. There are potential small benefits for trade agreements in removing unnecessary tariffs (but there are minimal tariffs remaining between EU and US), and removing subsidies that distort an even market for trade, such as US subsidies for the oil and gas industry, and for growing maize (but the North American FTA failed to tackle these and I expect TTIP will ignore these too).
But the use of the pro-corporate model inherent in FTAs and BITs, coupled with corporate hijacking of trade negotiations, is resulting in an unfair shift towards oligopoly, and thus ironically - 'market failure'. The costs to us from deregulation are 'negative externalities' - also increasing 'market failure'. Furthermore, financial instability due to speculation on exchange rates causes much more problems for trade than small tariffs, yet is ignored by the FTA model.

Other trade models such as the Alternative Trade Mandate are ignored because they aim to benefit all of us, not just the rich and powerful elite at our expense.

Free Trade Agreements are not so ‘free’ - they come at a huge cost - to democracy, sovereignty, climate, environment and natural resources, health and safety, workers' rights, human rights etc:                                         [read on or jump up to CONTENTS or ACTION by YOU]


Some of the many bad aspects of FTA’s:       (the down-sides of globalization with FTAs)


The fact that this is a long list is a big point in itself. And it's expanding as my spare-time permits. I have yet to re-order it according to severity of threat.
The worst aspect - the dangerous ISDS - is now item 2. in the list because item 1. gives some background context - but this can be skipped if you want to tackle the worst first!
The most concise and readable list I have encountered is this one:
'30 Reasons why Greens oppose TTIP' - 6jun14.
And for a fuller report, C.E.O. - Corporate Europe Observatory have produced an excellent report: 'A brave new transatlantic partnership - The proposed EU-US Transatlantic Trade and Investment Partnership (TTIP/TAFTA), and its socio-economic & environmental consequences' which you can read on the WDM website here.


1.
Inadequate democratic, public and media involvement, in contrast to corporate capture (and some of the reasons why):

The creation of FTA's such as TTIP and CETA is little publicized nor known to the public, and escapes media attention (is it deliberately side-lined or censored by the media? Are they being leant on?). But it is well known to big corporations, who are allowed to apply excessive lobbying (and involvement), even at the early preparatory stage of FTAs, with impunity and minimal exposure and transparency, to ensure that FTAs suit their aims for making unconstrained extra profit (by maximizing "negative externalities" enabled by de-regulation [i.e. costs shifted to dis-empowered victims and the "public purse"]). These secret FTA negotiations are inaccessible and unaccountable to civil society or to democratic processes and public scrutiny, yet corporate interests have access (i.e. the process is oligarchic not democratic). (REF: 'What are you hiding? The opacity of the EU-US trade talks' - Corporate Europe Observatory).

The UK Green Party state that "The dominance of big business in the TTIP negotiations is clear: in the US, the 30 working groups involved in the negotiation are made up of  90% private sector representatives, with civil society only being given 9% of the representation. On both sides of the Atlantic, elected parliamentarians are only allowed limited access to information about the negotiations, while around 600 ‘corporate advisors’ have full access to this information." And Corporate Europe Observatory found out that "more than 93% of the Commission’s meetings with stakeholders during the preparations of the negotiations [for the EU-US FTA: TTIP] were with big business". In the US: an impressive infographic shows how 'Industry voices dominate the trade advisory system' with "Private industry and trade groups represent the lion's share of committee members - 480, or 85% of the total.", and "most committees are devoted primarily or exclusively to business interests and related trade associations." (The Washington Post, 27feb14). Chevron, mis-user of the ISDS against Ecuador, is an official advisor to the US...

Not only this, but I must add that the model on which TTIP and CETA are based - such as demonstrated by the now 20-year old North American FTA (NAFTA) was itself designed in collaboration with and for U.S. big business interests. Attempts at putting such pro-corporate agreements into pan-global agreements by the WTO World Trade Organization have failed in the past (e.g. in 1999 at Seattle) - partly due to the public getting to know too much. Now there is more of a stealth FTA by FTA, BIT by BIT approach, with TTIP and TPP being like 2 keystone and "gold standard" strides towards the goal of fully global supranational corporate supremacy. A Congresswoman has admitted she heard it said that the the reality has to be kept hidden from the public as they wouldn't accept it if they knew:      (click on the pic.twitter url)

.@timfarron @GreenLibDems US SenatorWarren reveals why tradetalks #TTIP/#TAFTA & #TPP hav to be keptsecret frm public pic.twitter.com/HxtmJqujkZ — Henry Adams (@henryadamsUK) May 27, 2014

The present unelected European Commission ("Barroso II") has been heavily criticized for being unduly over-influenced by big business and remote from the public and groups campaigning for the public interest: for example C.E.O. report how the Commission has been party to corporate capture in 'The record of a Captive Commission' (pdf, May 2014).

C.E.O. (Corporate Europe Observatory)'s latest article on corporate lobbying and transparency: Who lobbies most on TTIP? (8jul14).

Why do politicians keep quiet about losing some of their democratic power to big business? The answer is a shameful "Faustian Pact": they gain in tribal and private and potentially remunerative ways. Politicians, with their tribal allegiance to whips, leaders and ministers with an eye to corporate connections and the oiling of "revolving doors", focus uncritically on the speculative money gains of FTAs (in reality: e.g. dividends to share-holders, though disguised as mean £gain per household), and pretend their dangers are benign, ignoring the ample existing evidence to the contrary. If you still wonder why governments keep quiet too, as likewise they face loss of democratic and sovereign power from FTAs, you must bear in mind 1. the billions invested by UK banks, pension funds (and big Tory donors) into dirty extractive corporate projects abroad, and 2. the personal and "club" benefits of being "cosy" with corporate interests, both remunerative and job-wise (e.g. board membership and revolving doors). [My work on conflicts of interest within government ("internal lobbying") is accessible from this link, and see WDM's 'Carbon Capital' and 'The Fossil Fuel Web of Power']. [An aside in connection with the "lobbying/gagging bill": Tim Farron MP told me he'd like to see 'internal lobbying' outlawed, but reckoned he wouldn't get enough support from other MPs (due to their desire to keep certain private options open... - lets's put it that way here) - a depressing indictment of our "democracy". Many politicians shift from their ostensible "allegiance" to Party and constituents to Party and "corporate masters", guided by the flow of power and money. Please do not cynically accept this: expose and fight it.]

On the plus side, TTIP has been debated in Parliament both by a Lords Select Committee on TTIP, and in the House of Commons, and well worth reading is the 25feb14 contribution by Zac Goldsmith MP in Hansard, which provides evidence (from the now 20 year old North American FTA) against the dodgy claims by pro-TTIP politicians.

BBC tv and radio news for example keeps quiet about the creation of FTAs (have you heard of CETA on tv news? - its negotiation was completed in 2013, except maybe the ISDS clause). And not just the BBC of course. The first tv/radio announcement (if at all) of CETA and TTIP may be when the deal is signed, and thus too late for public debate (video). [3dec13 sequel - US-EU FTA mentioned on BBC R4 - but an exception to the rule, and quietly done; may14 - a report giving both sides of the debate, in the BBCR4 'Today' programme].

This tv/radio silence while our vital democratic and other rights are being almost-irreversibly bargained away allows FTAs to escape public scrutiny, making it easier for:                                                                                           Jumps to CONTENTS & TOP of page  


2. The ISDS:  Free Trade Agreements are "Trojan horses" for increasing corporate power, and their most dangerous "payload" is the Investor-to-State Dispute Settlement mechanism (ISDS)   (#ISDS on twitter)  (aka Investor-State arbitration clause).

The ISDS clause - part of the Investment Chapter - is a typical feature of FTAs and BITs, and is lined up for both the EU's TTIP and CETA.

Please watch this excellent 5 minute video (if you haven't already), which gives examples of the corporate abuse of the ISDS mechanism:
NO FRACKING WAY | How the EU-US trade deal risks expanding fracking in Europe and the US | news release [2014] 


And/or this more recent 8 minute video published by CEOwebtv on 15apr14:
New video: 'Suing the State - Hidden rules within the EU-US trade deal' - Corporate Europe Observatory


A really excellent factsheet on the ISDS is this one by FoEE - Friends of The Earth Europe: 'The TTIP of the anti-democracy iceberg: The risks of including investor-to-state dispute settlement in transatlantic trade talks' (October 2013). Useful for quotable data and example evidence.

The ISDS mechanism is a typical part of the Investment Chapter of FTAs and BITs, and gives companies the right to bypass national legal systems and to sue governments if their potential profits from trade, investment or other activities might be threatened or reduced by a change in regulations or policy, such as new legislation to protect the environment or climate, natural resources including water, habitat and wildlife, health and safety, human rights, employment rights, public services etc. They can even sue for their future profits that they could fore-go, which could be vast sums for the taxpayer.

Ten European health, transparency and environment NGOs have drafted a joint evidence-based statement of opinion against the ISDS ['TTIP puts the EU's environmental and social policies on the line' 13jan14 in EurActiv].

My view is that the ISDS clause should be removed from the investment chapter of FTAs such as TTIP and CETA and replacement text should be inserted that makes it clear right from the start that the needs of people, the environment and democracy/sovereignty should have legal supremacy over free market principles and corporate profits. [Scroll down to near end of 2. for some of my ideas for its replacement]

The historical and broader background of the ISDS clause: Originally the ISDS clause was included in FTAs and BITs with lesser developed countries, primarily to protect Western companies against the increased risk for their assets and profits when investing into countries with potentially dodgy national legal and court systems, so as to allow companies to bypass the risk of the latter, and to deter against forced nationalization or other such loss of assets such as physical seizure ('expropriation' by its original meaning). It might also appeal to national leaders of such countries trying to encourage inward foreign investment by providing confidence of stability.

(Skip this paragraph on 'expropriation' if you are time-constrained) Protection against 'expropriation' is a key reason for the ISDS, and its definition is critical: The problem here is that corporate interests sneakily expanded the term at least 20 years ago from its original meaning of physical expropriation or seizure of assets to 'indirect expropriation' i.e. losses equivalent to physical seizure in that both ultimately result in loss of future profits, so that regulations that result in loss of potential future profits can be regarded by ISDS as a type of expropriation for which the corporation can demand compensation in full. The corporate intention: to make regulations frighteningly costly to taxpayers even those vital for public protection, with a shift in legal primacy from public protection to corporate profit protection, and a total disregard of 'negative externalities' (the costs of corporate activity externalized to be borne by the public and environment so as to maximize profits, e.g. pollution costs).

(Skip this paragraph if you are time-constrained, as it gives insight into a much wider context) But also I consider likely, the ISDS clause was and is, to allow increased Western corporate control over poor nations for resource-extraction at reduced cost to the company (but increased cost to the parasitized host nation and its local people and environment, alongside such straight-jacketing Western control as aid loans with strings attached, and corporate tax dodging from poor countries' coffers using such tricks as 'transfer pricing' via subsidiaries in tax havens [this tax haven dodge is now to be assisted by a recent UK law that George Osborne is proud of]). The ISDS mechanism is one device for a broader Western control of the "global South" (the modern equivalent of colonialism) that ultimately results for example in Africa losing more of its wealth as corporate profits to tax havens than the money it gains from such corporate activities and Western "aid" combined, with much of the profits being from extraction and export of finite natural resources without a fair corporate tax gain to the host nation.

However - now the ISDS is being misused by corporations as a tool to suppress potential new regulations that might reduce their profits, and not just that...

How it works: The ISDS clause typically provides a mechanism for behind-closed-doors arbitration by a tribunal of corporate/commercial lawyers distant in all ways from any negatively-affected public, and without democratic involvement nor recourse to appeal. It (i) allows companies to bypass normal courts and legal processes, (ii) legally over-rides national legislation, (iii) can impose multi-million (or even billion) dollar fines and costs on nations, and thus (iv) can effectively prevent (or "chill") any potential new legislation being created to protect people and environment, for fear of the immense costs of it being challenged. (iv) Note that it is one way: Investor-to-State. It does not allow states to pursue foreign corporate investors for reparation or fines for damages done to the environment or to people as a result of their activities (such as mining or oil pollution). In fact it can and is used for the opposite of this: for e.g. oil companies to fine nations for trying to force the "polluter pays principle" for the clean-up of their corporate mess (e.g. Occidental oil co. - Ecuador case). What's more: (v) this 1-way direction, together with a number of other factors, such as the focus on the primacy of profits and free-trade and downplay of people/environment values, the way arbitrators earn their high pay, their private not public-service employment etc, results in both a financial incentive and a biased mindset for the arbitrators to have intrinsic pro-corporate bias - with unaccountability and impunity. Such extreme power for 3 private people to make decisions that can over-ride national law and sovereign constitutions. The European Commission claim they have made the ISDS for the TTIP benign in relation to our concerns, but CEO and other NGOs disagree (more on that in the 'EU "consultation"' sub-section below).

The ISDS mechanism is a means by which FTAs can be used by multinational corporations to increase power over governments and undermine democracy. With potential climate change legislation threatening the value of fossil fuel corporations and their investors, FTAs provide a means by which corporations can fight such legal threats to their profits. Furthermore - with natural resources being increasingly fought over as many of them diminish, big corporations are made free to use FTAs to increase their power to grab and control them. These statements are not scares - they are based on ample evidence from existing cases, which are increasing in number as FTAs and BITs increase in number globally.

EVIDENCE: Here is a recent shocking example (via a Trade Justice Movement briefing). More examples further on.

"Churchill Mining suing Indonesia: In response to an extensive, locally led campaign, the Indonesian government withdrew mining licenses which would have led to the destruction of a national park, home to nearly 5,000 orangutans. In response, UK-based Churchill Mining is suing Indonesia for $2 billion it claims is owed as compensation for asset seizure." [An aside: UK high street banks are the biggest investor into the mega-scale mining ecocide in Indonesia: mainly coal mining, with huge irreversible destruction, pollution at both source and combustion, not to mention the highest carbon intensity. The billions invested gives the money-driven Osborne and Cameron a big Ref: WDM website e.g.  re UK banks & acclaimed interactive documentary.]

NB: A brief "must read" for everyone: how ISDS will affect all of us: 'Why Trade Deals are Privatising Government' - Ruth Bergan (Trade Justice Movement) 11nov13.


An excellent report by Thomas McDonagh for The Democracy Center (pdf), entitled Unfair, Unsustainable, and Under the Radar - How Corporations Use Global Investment Rules to Undermine a Sustainable Future has called such international arbitration "a privatised justice system for global corporations", and gives examples on pp10-11 where corporations have sued governments for obstructing projects due to e.g. health or environmental concerns such as the pollution of water resources by open cast mining. He also describes the official locus where the majority of ISDS arbitration panels take place - the World Bank's "infamous" ICSID (located in USA). Good 9 minute video on the harm done by ICSID and ISDS to people, health, environment and democracy. McDonagh gives a summary including shocking examples of the misuse of the ISDS in ICSID in his article in Alternet: 'How Corporations Are Subverting Attempts to Rein in Their Power' 23may13. Also by McDonagh:
'Allowing corporations to sue governments for changing their laws may be common, but it's not good' Thomas McDonagh 24apr14 openDemocracy -  OurKingdom.


Typically the arbitration decision is made by a tribunal. It's incredible how 3 people in secrecy can over-ride democracy. Also typically - there is no appeal mechanism nor opportunity for democratic say.
I’ll let one of the tribunal judges describe this insanity: "When I wake up at night and think about arbitration, it never ceases to amaze me that sovereign states have agreed to investment arbitration at all ... Three private individuals are entrusted with the power to review, without any restriction or appeal procedure, all actions of the government, all decisions of the courts, and all laws and regulations emanating from parliament." Juan Fernández-Armesto, arbitrator from Spain, in [but behind a pay-wall] www.globalarbitrationreview.com/journal/article/30399/stockholm-arbitrator-counsel-double-hat-syndrome. This has been quoted in several articles - one of which being this excellent factsheet on the ISDS by FoE Europe which describes examples of the misuse of the ISDS and is well worth downloading: foee_factsheet_isds_oct13.pdfThe TTIP of the anti-democracy iceberg: The risks of including investor-to-state dispute settlement in transatlantic trade talks’ October 2013 (already linked to above).
 
The "chilling" effects of the ISDS mechanism and ICSID are increased by the huge size of financial penalty that taxpayers can suffer, because such amounts also include the potential future profits the company might lose out on by their activities being stopped - which could be very high if it is the unregulated extraction of high value natural resources with large externalities unaccounted for. Such financial penalties could be a significant proportion of a small state's tax revenue. CEO provides evidence of chilling. And here's more evidence of chilling: the ISDS text in NAFTA (North America FTA) has been used to snuff out potential health and environment regulations in Canada: 'A shield becomes a sword' 17nov01 (and the former US trade rep making money out of ISDS).

The possibility of coal, oil and gas companies chilling and over-riding climate legislation is increasingly worrying - especially where FTAs with USA are concerned. Also US fracking companies could use the ISDS in the TTIP to reduce or remove any regulatory controls (Halliburton is partnering with Celtique Energie fracking company in the UK - the TTIP may give them power to do this). This is already happening to Canada, which is being sued by a fracking company using the ISDS in NAFTA, as a result of Quebec's moratorium against fracking
(the suing is by a US subsidiary of a Canadian company - Lone Pine Resources Inc.).

Other examples of corporate misuse of the ISDS

 The above-mentioned McDonagh-DemocracyCenter report is a good source for such examples, and was referenced by George Monbiot when he wrote two justifiably strongly-worded articles on the TTIP and the ISDS in 2013 (more in 20140, which are well worth reading. E.g.:


'This transatlantic trade deal is a full-frontal assault on democracy' 'Brussels has kept quiet about a treaty that would let rapacious companies subvert our laws, rights and national sovereignty' George Monbiot 4nov13 in The Guardian. Here Monbiot gives examples of the dangerous payload of the FTA Trojan Horse in its destructive action mode. For example El Salvador is being sued by a Canadian mining company for loss of future profits due to its resistance to a gold mining project which will pollute water supplies. I’ll add that Costa Rica is also being sued by a Canadian mining company for protecting rainforest from its proposed gold mine and associated pollution, by using an ISDS within an investment treaty.
'The lies behind this transatlantic trade deal' "Plans to create an EU-US single market will allow corporations to sue governments using secretive panels, bypassing courts and parliaments" George Monbiot 2dec13 The Guardian.

The ISDS and ECOCIDE: The ISDS mechanism, and many other parts of FTAs, are the complete antithesis and pre-emptive blocking attack to the recently revived push for the UN to put in place the international law against ecoside, with ecoside being the 5th International Crime Against Peace - against the ecocide that the ISDS clauses in FTAs and BITs help lock-in as being legal. Also the currently-being-created trans-atlantic TTIP and CETA, together with their largest Pacific-rim equivalent, the TPP, because they will together encompass a huge proportion of the world, will be an extremely toughened corporate padlock to face attempts for a UN law against the increasing corporate ecocide. Thus we must remove the ISDS clause from all these FTAs before they are agreed and signed up to.

Several articles I've read write that globally there are very few arbitrators and firms contributing to the ISDS/ICSID tribunals, and that some arbitrators can switch between representing a corporation to representing a supposedly unbiased arbitrator, with resulting conflicts of interest. They charge massive costs per day and have an incentive to prolong a case, and the nation pays costs regardless of whether they "win" or lose. Further info re this: 'Profiting from injustice: How law firms, arbitrators and financiers are fuelling an investment arbitration boom' Cecilia Olivet, Pia Eberhardt, 27nov12, TNI Trade and Investment.
For debate & investigation, having not fully read this article: my prediction re ISDS lawyers: The ISDS mechanism is likely to over-weight the factors of lost-profit and barriers-to-trade/investment (with profit and free market principles being over-weighted), with less weighting given to human/environmental protection factors such as impacts on climate change (the latter could be down-weighted as being but a consequential knock-on factor - as I've noticed can happen in UK planning cases). The lawyers involved could well come from a corporate background and thus have intrinsic pro-corporate bias. Furthermore - I have been in discourse over the internet with an international corporate law postgrad who supports the non-scientific false viewpoint that many big corporations favour - that denies the reality that almost all climate scientists consider that man is the main cause of global warming (he appears to favour US columnists who advocate the mind-muddling sowing of doubt or pseudo-fair appraisal of 'false balance'). If he shares the viewpoint of an average ISDS tribunal lawyer, then don't expect an ISDS tribunal to give much weighting to any climate consequences!

Who really wins more ISDS cases - governments or corporations? THOMAS MC DONAGH 16 July 2015 in oD OurKingdom "What campaigners need to know about a recent change in UN Investor State Dispute Settlements (ISDS) statistics." - statistics from the United Nations Conference on Trade and Development (UNCTAD).

2014: We now have a 3 month period of "consultation" over the ISDS in TTIP (April, May June, 2014). However I have heard of no such consultation period for the ISDS in the CETA (the EU-Canada FTA) - an FTA which has received less attention than the TTIP. The CETA has completed its main negotiation process in 2013 and has been agreed to by the European Commission with the ISDS in place. Incredibly and worryingly, the CETA's ISDS text has not yet been made public (correct 2013, but may be public now?).

My view and proposals re the ISDS

My view is that the ISDS clause should be removed from the investment chapter of FTAs such as TTIP and CETA and replacement text should be inserted that makes it clear right from the start that the needs of people, the environment and democracy/sovereignty should have legal supremacy over free market principles and corporate profits.
One idea I propose: if a corporation claims that a new policy/law/regulation reduces future profits, then an assessment of those future profits should be first made that deducts from them (i) profits that arise from externalizing costs to other people and environment: all negative externalities should be internalized into the equation, including direct and indirect effects on life-cycle carbon emissions, (ii) profits arising from corporate tax-dodging such as transfer-pricing via subsidiaries in tax havens. With (i): carbon accounting is increasing in its potential accuracy, with pricing carbon made easier as climate sensitivity estimation is improving as climate science itself improves its ability to unravel the effect of GHGs from the variety of factors affecting the complexity that is climate change. This new type of profit assessment, i.e. that assesses what profits should be in a non-corporate-controlled world, would hopefully throw out most cases at or before the start-line, and save on a lot of legal costs and minimize threats.  

EU "consultation" on ISDS in TTIP in 2014

In response to demands pushed for by NGOs on our behalf the EU have provided a consultation period in place for the ISDS in the TTIP currently under negotiation (c.3 months long from c.27mar14, then extended for a few days). (NB: The ISDS still remains within the CETA between EU and Canada).

29aug14 update: The "consultation" is shown to be a pretence when the EU Commission issue new rules for EU ISDS before the consultation data has been evaluated: 'EU ISDS Regulation Announcement – Friends of the Earth Europe comment'. 150,000 European citizens and stakeholders participated in the consultation: does that mean anything to the EU Commission?

First see: 'Online public consultation on investment protection and investor-to-state dispute settlement (ISDS) in the Transatlantic Trade and Investment Partnership Agreement (TTIP)'   http://trade.ec.europa.eu/consultations/index.cfm?consul_id=179     NB: closing date now extended to 13 July 2014.

http://trade.ec.europa.eu/doclib/docs/2014/march/tradoc_152280.pdf - 'Public consultation on modalities for investment protection and ISDS in TTIP'.

Brian Woodward has helpfully provided me with useful links to this consultation:

http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=ISDS
http://trade.ec.europa.eu/doclib/docs/2014/march/tradoc_152280.pdf#Question2 see pages 18 onwards for CETA info 
http://trade.ec.europa.eu/consultations/index.cfm?consul_id=179
http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151916.pdf
http://trade.ec.europa.eu/doclib/press/index.cfm?id=1052
As I've only recently had access to these documents and they are long, I have not yet had time to adequately read and assess them. Beware that "consultations" often deliberately frame forms to try and force you to accept underlying intrinsic presumptions that you may disagree with, and often attempt to constrain you from adding your comments that relate to those presumptions or other key issues. I have now found out (surprise, surprise!), that this also applies here to this so-called consultation: it tries to restrict the consultation to aspects of the ISDS not to the ISDS as a whole, so dodging key core issues inherent to the ISDS mechanism.
NB: read these, especially if you are likely to respond to the consultation:
27mar14 'Campaigners slam Commission’s mock consultation on investor rights in EU-US trade deal' - Corporate Europe Observatory. This has useful quotes, e.g.: "The Commission’s so-called reform agenda does nothing to address the basic flaws of the investor-state dispute settlement system. Foreign companies will continue to have greater rights than domestic firms and citizens. And international tribunals consisting of three for-profit lawyers will continue to decide over what policies are right or wrong, disregarding domestic laws, courts and democracy." (
Marc Maes of the Belgian development organisation 11.11.11). Nor does the consultation provide an option for respondents to reject the ISDS on the basis of its intrinisic core flaws, the questions are so biased.
16apr14 'Commission’s weak reforms of EU-US trade deal could unleash a corporate litigation boom' - Corporate Europe Observatory press release for this briefing:
16apr14 'Still not loving ISDS: 10 reasons to oppose investors’ super-rights in EU trade deals' - Corporate Europe Observatory. Essential reading, especially if you are trying to counter UK government/Conservative/LibDem false "assurances" that the ISDS in the TTIP is benign.

23apr14 'Getting Action Strategy Check: Confronting ‘corporate super-rights’ in the TTIP' - The Democracy Center, By Thomas Mc Donagh and Aldo Orellana López "Campaigners Pia Eberhardt and Arthur Stamoulis discuss what has been learned so far about challenging investor-state dispute settlement (ISDS), as the European Commission consults on its use in the Trans-Atlantic Trade and Investment Partnership". In this article is a useful quote to pre-empt UK coalition partners MPs/MEPs stock dismissive "reassurance" that the European Commission have made the ISDS benign:
Pia Eberhardt of Corporate Europe Observatory (who has been interviewed by the Lords on TTIP – due to her relevant expertise) insisted that “we must again and again and again repeat that the so-called reform agenda of the (EU) Commission does nothing to tackle the basic flaws of the system [TTIP/ISDS] and will not protect people, the environment and democracy.”
This is a briefer easy-read assessment worth reading:
30apr14 'Transatlantic Trade and Investment Partnership (TTIP) – The European Commission Consultation' Martina Weitsch, rationaldebate blog. I quote (as a "taster"!): "It has a number of deep flaws: 1. It does not address the fundamental question: do we need and/or do we want a Transatlantic Trade and Investment Partnership. So, there is no scope within the constraints of the questions asked to actually say: stop, we don’t want this; we don’t need this. ..." 2. ... 3. ... 4. ... ...
But respond nonetheless, and don't be restricted by its constraints! Martina Weitsch is former QCEA Representative. GCEA:

'Transatlantic Trade and Investment Partnership (TTIP) – The European Commission Consultation' - The QCEA Blog. QCEA are Quaker Council for European Affairs.

3. FTAs can be used by extraction companies to evade local democracy - and the proposed China-Canada FTA gives an example. Luckily it was spotted and highly publicized. Canada’s PM Harper was hoping that such an FTA would allow Chinese oil companies to trump local democracy (such as the rights of indigenous First Nations), as the latter is holding up expansion of the tar sands industry by e.g. putting a stop to the proposed Northern Gateway pipeline from Alberta to an inlet of the Pacific Ocean (for access to China).                                                                 Jumps to CONTENTS & TOP of page 

4.1 FTAs have an inherent pressures to reduce, level down or eliminate regulations, including those designed to protect people and the environment (e.g. re reducing emissions and pollution, pesticides, health and safety, workers rights etc) to a common minimum (e.g. under the heading "regulatory harmonization"). NB: impress on your MP: (i) that leveling down, de-regulation, or a watering down of regulations, is logically more likely than the reverse, as the aim of 'free trade' and investment is to reduce barriers to trade (and foreign investment), (ii) that it is inherently steered also by neo-liberal ideology which is a presumed mindset of both negotiating officials and corporate interests; furthermore, (iii) that it is also a central aim of corporate interests for increasing profits, and they are involved from an early stage in the creation of FTAs, which is (iv) not counter-balanced by allowing an equivalent involvement by NGOs trying to protect our needs for leveling up of protective regulations (NGOs and our democratic interests are excluded). The alternative to regulatory harmonization proposed for TTIP for certain trade sectors, for 'mutual recognition', has health and safety and other implications, as described in a pdf by the European Committee for Standardization CEN, and CENELEC.

An exception to this has an irony: in Columbia a new regulation came into force in association with an FTA  (with USA) - but this new one was to even further increase the competitive advantage of the multi-national companies: by insisting that all seed used must be certified seed (it's expensive to certify) (law nicknamed "Monsanto law"< or similar by the peasant farmers).

Linda Kaucher of StopTTIPuk shows here how deregulation in TTIP connects with the deregulation drive in the EU and the UK (UK Deregulation Bill).

 


4.2 FTAs can also potentially allow corporations to have a say on new regulations at an early stage in their creation, so don't expect the regulations to be effective against corporate interests, or maybe even to reach the democratic stage of scrutiny and voting. US is pushing for this in the TTIP: On 11mar14 Monbiot writes: "Last month, the Financial Times reported that the US is using these negotiations "to push for a fundamental change in the way business regulations are drafted in the EU to allow business groups greater input earlier in the process". At first, De Gucht said that this was "impossible". Then he said he is "ready to work in that direction". So much for no give and take."
Pia Eberhardt of Corporate Europe Observatory pointed out this threat of an early corporate say to the Lords Select Committee on TTIP in March 2014. One Lord made the absurd question: because corporations are comprised of a broad spectrum of society why shouldn't their say be representative of broader society?! (as if a harmless proxy for democratic say??!) - I hope he was purely playing devil's advocate). Pia Eberhardt also wrote a good article for WDM's website here, in which she points out
"Chevron is an official advisor to the U.S. trade representative..." - that's a company trying to avoid paying fines for polluting rainforests, and instead suing back. Chevron cannot be trusted with influence on EU climate legislation.

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   EU's Precautionary Principle under threat

4.3 FTA's partnering with the EU such as TTIP and CETA threaten to remove the precautionary principle - which EU currently follows. The pp is vital to protect our environment and health from the damaging effects of unregulated industry such as pollution, and requires evidence that, for example, a chemical will be harmless before it can be traded/used, instead of requiring proof of harmfulness before its use can be stopped. "The Precautionary Principle (PP) states, basically, that, where the stakes are high, a lack of full knowledge or of reliable models – a lack of certainty – should not be a barrier to legitimate precautionary action. We shouldn't, in other words, need certainty, in order to justify protective action." - Rupert Read in 'Tyranny of evidence' [Lack of known evidence for an effect can be due to the effect not having been tested for, not that the effect does not exist].  Here is an example of the pp applied to chemicals on apples in the EU, but not in theUSA. The prophylactic use of neonicotinoid insecticides (which harm bees, soil and aquatic life etc) flouted the pp principle, a principle that the UK government appears to have forgotten. Although the EU is ostensibly and/or actually trying to ensure the pp is included, it is unclear at present whether it may be "traded away" in response to pressure from the U.S. - who represent big business interests.  We must ensure that the trade deal is not signed if the pp has been removed or diluted.

The US BCTT (Business Coalition for Transatlantic Trade) wants "Science-based decision making and not the precautionary principle" (echoed by US trade officials), but by "science" it will mean corporate-funded "science", which has little credibility to an independent scientist like me, as it will involve cherry-picking of what is tested and cherry-picking of what results are published, and ignores the following: The precautionary principle is not an alternative to science, but fits into science, as it recognizes that "absence of [known] evidence" can simply mean that a possible effect has not been adequately tested.

Chemical Industry using TTIP ‘to attack the precautionary principle’ Chemical Watch, August 2014.                            Jump to TOP of page


5. Further deregulation of financial services

For many transnational corporations it is the deregulation or levelling down ("harmonization" / "regulatory co-operation") of EU regulations to those of the US that they are pushing for. However with respect to financial services it is the City of London that has lower regulatory standards than the US and there is a push for levelling down to UK standards, such as reversing US regulatory reforms especially the US Dodd-Frank Act, and also removing EU's limits on food commodity speculation which WDM have been campaigning for. Also WDM and EU's desire for a "Robin Hood tax" on financial transactions (aka Tobin Tax) could well be scuppered.

Around 50% of UK Tory party's campaign money comes from City Interests so it's little wonder that Osborne and Cameron are keen on this opportunity to push for City interests and against EU and US regulatory drives on financial services.

Linda Kaucher, who has many years experience on trade issues: “TheCityUK is the lobby mechanism for financial services corporations based in London. Its boards are representative of the biggest banks and insurance companies.” TheCityUK describes itself as: “TheCityUK represents the UK-based financial and related professional services industry. We lobby on its behalf, producing evidence of its importance to the wider national economy. At home in the UK, in the EU and internationally, we seek to influence policy to drive competitiveness, creating jobs and lasting economic growth. http://www.thecityuk.com/about-us/who-we-are/

LOTIS stands for ‘Liberalisation of Trade in Services’ “The LOTIS Committee, comprising experienced financial and professional services executives, is striving to remove barriers to trade. Highly influential, the Committee is recognised as the only body to represent the whole of the UK-based financial and related professional services sectors in the international trade field, and regularly submits its views to the UK Government and the European Commission.      The Committee includes Government Observers drawn from the main UK Government departments concerned (the Department for Business, the Foreign & Commonwealth Office, UK Trade & Investment, the Financial Services Authority and the Ministry of Justice). The Committee meets approximately quarterly.” – quoted from http://www.thecityuk.com/events/latest-events/detail/lotis-committee-meeting-7

INTA is the International Trade committee of the European Parliament. Robert Sturdy MEP is International Trade Co-ordinator for The European Conservatives and was/?is Vice-Chairman of INTA.

Having a level playing field is one of the main principles in the promotion of the "Free Trade" ideology. However, there is an ironic contradiction that the multinational corporations who push for Free Trade (and investment) Agreements are also pushing for and exploiting features that tip the playing field very much in their favour. A major feature here is tax dodging and the use of tax havens (aka secret jurisdictions), which is much easier for the "big guys".  FTAs cannot be true free trade (without “market failure”) unless there is a level playing field - which there is most definitely NOT at present:

FTA’s give multinationals a huge competitive advantage over intra-national companies - as they can hugely decrease their corporate tax on profits by using tax avoidance methods such as via transfer-pricing that intra-national companies cannot access - those that use subsidiary companies in tax havens (e.g. British Virgin Islands, Cayman Islands, Bermuda etc.), often via conduit companies in eg Netherlands. This allows them to unfairly take over National and local companies. We all lose out due to a hugely reduced tax revenue - except for wealthy people eg shareholders, managers, ....   i.e. a huge transfer of $$$£££ from 99% to 1%. There are many examples (see box below), including Kraft's take-over of Cadbury’s. This is a huge subect in itself and is tackled well by e.g. Richard Murphy, Nicholas Shaxson and others, and groups such as the Tax Justice Network.


Info from Tax avoidance re multinats   - Michael Robinson BBCR4 c. 5pm to c. 5:35pm Sunday 28apr13):
Multinationals pay c.5% corporate tax as cf national companies pay c.25% (& decreasing in UK) - as they can use legal tax avoidance loopholes that Nationals can't access. This competitive advantage allows multinationals to buy up national companies resulting in UK losing tax revenue.
e.g. Craft Foods (which took over Cadbury's), Pepsico which took over Walkers crisps, & many others.
 


Will TTIP level this aspect of the playing field for fair competition? Unlikely - because corporate-backed pressure for removal of so-called "barriers to trade" and financial regulatory harmonisation is more likely to lead towards neutralization of US financial regulatory laws such as the Dodd-Franks that try to tackle the above problems. Thus the reality of FTAs is that they incorporate a drive to tip rather than level the playing field.

Furthermore - even if a "level playing field" as regards tax etc was attained, unfettered open competition in free market systems has an inherent pressure to favour the richest and most powerful over the poorest and least powerful (e.g. big multinational corporations over small intra-national companies, "small farmers", community farmers, small businesses, the global south).

And in any case: with regards competition,
the highly respected economist Paul Krugman writes that: 'Competitiveness: A Dangerous Obsession' (Paul Krugman in March/April 1994 Foreign Affairs).

Other references re financial deregulation.
'The City, the banks and the EU – all in it together' - Tom Lines, 16jann14 - New Internationalist. Re the IRSG etc.

 
                                                                                          
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6.
Human Rights and "Native Rights: Free prior and informed consent (FPIC) and indigenous rights have come under attack during negotiations and in implementation of several free trade agreements. To multinationals, indigenous rights are trade barriers and need to be struck down at the international level." - Copied and pasted from ref below titled 'TTP is NAFTA on steroids'.
NB: Jump here to section of this web-page on the impact of FTAs on human rights. Columbia provides an example.

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7.  FOOD and AGRICULTURE:             (the impact of "Free Trade & investment Agreements" (FTAs/BITs) such as TTIP)

"TTIP will promote the industrial model of food and farming, further threatening the survival of small family farms, local food initiatives, standards for healthy and safe food, animal welfare, the environment, and public health" - 'TTIP  A recipe for disaster' - Corporate Europe Observatory.

TTIP: A lose-lose deal for food and farming - Corporate Europe Observatory.

FTA's are anti-localism
(such as the localism of 'food sovereignty' explained below), anti-democracy, and thus anti-food-democracy. They are pro-globalization, pro-enabling the shifting of production to the country with the lowest wages, lowest workers' rights, poorest health and safety (and shifting consumption to the countries who are most wealthy and can thus pay the highest prices) [food and profits to satisfy greed more than need]. They are a big enabling factor for accelerating the "global race"
(Cameron's oft-repeated expression) for "us" (of "The West") to compete in grabbing what remains of depleting world resources for maximizing profit and increasing UK/EU's economic growth [i.e. a global race to the bottom!].

Focusing these factors onto food production and agriculture, we find that FTA's favour land-grabs and huge agribusinesses (e.g. Monsanto) and their intensive high-carbon emissions, high fertilizer/pesticide/herbicide use, high pollution, GM monoculture type systems designed to feed wealthier people and fuel their vehicles, rather than smaller-scale more resilient sustainable farming models more fitting to the future we now face with increasing climate change and threatened resources, losses in biodiversity, and a need to feed poorer people in poorer countries such as in "the global South" such as in Africa.

Also, globalization of agriculture and food production which FTAs increase such as via global free markets, will increase the undesirable consequence of food going to who pays the most not to who needs food the most, which may mean food is diverted from feeding hungry locals in the global South to be transported to wasteful people in the West or to their livestock or vehicles (as biofuels). Also, surplus subsidized food produced in "Western" countries can be dumped on poorer countries at a lower price, so distorting local markets and wrecking small poor farmers' ability to sell their food surplus in local markets.

You may be wondering: TTIP is an FTA between EU and the US - not between us and the poor countries of the global south, so you may think the above impacts will be confined to those FTAs/BITs with the latter countries. There are a number of reasons why the TTIP will have consequential impacts on other countries. Firstly the TTIP is the biggest global FTA in economic terms, and also will be regarded as a "gold standard" for future FTAs and WTO global trade and investment agreements - which will affect other countries. Secondly - with the increasing globalization of markets, the TTIP and its counterparts such as the trans-Pacific TPP - will encompass most of the world thus impacting on the remaining countries. [There is a reference for these external consequences which I will add when/if I re-find it.] The New Internationalist agrees: "
Post-ratification [of the TTIP and TPP], it will be near impossible for countries in the Global South to insist on a different, more sustainable development model without losing trade from the US, EU and others."

US Department Of Agriculture TAFTA/TTIP Study: Small Gains For US, Losses For EU - Glyn Moody in Techdirt, 4jan16.

Find out what concerned NGOs think:             - and try googling farming TTIP

GM: 'EU under pressure to allow GM food imports from US and Canada' "Large businesses lobbying intensely to undermine safety regime in new trade deal, campaigners warn" Fiona Harvey, 5sep14,  Guardian.'

FOOD SAFETY: 'TTIP will sacrifice food safety for faster trade, warn NGOs'   EurActiv, 28-29aug14.
Report by the Center for Food Safety: 'Trade matters: TTIP: Impacts on food and farming' - report pdf may 2014.

PESTICIDES: 'LOWEST COMMON DENOMINATOR - How the proposed EU-US trade deal threatens to lower standards of protection from toxic pesticides' (pdf) - January 2015 report by CIEL - Center for International Environmental Law. Worth reading at least the Executive Summary, which criticizes the joint proposals by the pesticide/agribiz lobbyist groups Croplife America and European Crop Protection Association (ECPA) for the 'regulatory co-operation' in TTIP to level down standards so threatening safety for us, our environment and wildlife. And here's an article on it: 'Report: transatlantic trade agreement could increase toxic pesticide use' Elizabeth Grossman,  7jan14, Guardian Sustainable Business.

GJN Global Justice Now (formerly named WDM: World Development Movement but re-named in 2015 due to the change in meaning of the word 'development' from what it used to mean when the WDM first formed). FTAs favour a large-scale profit-driven agricultural model which is very opposite in direction of travel to the small-scale local-food-driven model that the GJN favour, so it's hardly surprising that GJN are strongly against FTAs such as TTIP [WDM website section on trade]. A WDM infographic states: "Small-scale producers feed 70% of the world. But only use 30% of the arable land, 20% of the fossil fuels, 30% of the water, of all agriculture" [stats from WDM's 'Carving up a continent' big pdf report via this web-page]. NB: Do also read this excellent section on the WDM website: 'Stop the corporate takeover of Africa's food' which presents an added horror working in tandem with FTAs. The TTIP negotiations were launched at the G8 summit in 2013 in the ironically beautiful tourism and farming area of County Fermanagh, Northern Ireland (which now has its main assets under threat from irreversible destruction by the short-term greed of fracking) - all these threats being promoted by PM David Cameron (you can now find out the darker side to Cameron's enthusiasm for foreign aid - it's to be diverted to big agribusinesses and their shareholders' dividends).

FoEE: briefing on food and the TTIP: scroll down this WDM web-page to get to it. FoEE's short YouTube video (<2mins): '
The Secret Deal that Threatens the Food on Your Plate' - via tweet by Friends of the Earth ‏@foeeurope. pdf: 'How fair and sustainable food and farming could be permanently damaged by a transatlantic trade deal' - briefing October 2013.
'The impact of TTIP on farmers, consumers and food safety rules' factsheet pdf - foe_ttip_factsheets_food_v2_web.pdf

IATP - Institute for Agriculture and Trade Policy: '10 reasons TTIP is bad for good food and farming' Shefali Sharma, 16may14. Headings in the article:
1. The U.S. meat industry wants the EU to begin treating its meat with chemicals to eliminate harmful bacteria: chlorine for poultry, other organic acids for meats such as pork.
2. The U.S. meat industry wants the EU to remove the ban on the use of antibiotics as growth promoters.
3. The U.S. meat industry wants the EU to remove its ban on ractopamine—a failed asthma drug that serves as a growth promoting hormone in animals (banned in 160 countries).
4. The U.S. grain industry would like to see faster approvals of new genetically modified (GM) seed varieties used for feed in the EU.
5. U.S. meat and grain industries want the EU to remove restrictions on animal byproducts in feed and pet food.
6. EU is considering restrictions on meat and dairy products from offspring of cloned animals; the U.S. meat and dairy industries want no such restrictions.
7. The U.S. meat and dairy industries want to weaken provisions for animal welfare in the EU.
8. The U.S. meat industry wants to remove European duties on artificially cheap pork products, frozen poultry parts and dairy.
9. U.S. agribusiness would like to use TTIP to undermine the EU’s “precautionary principle,” which reinforces stronger food safety standards.
10. Agribusiness and some members of Congress are pushing for enforcement of food safety rules in TTIP that go beyond WTO rules.
IATP YouTube: 'Karen Hansen-Kuhn - My Big Concern for food & farming from an EU-US trade deal'.
The European Milk Board amongst others are worried that the US use of hormones re milk production could spread to the EU.
Food labelling: TTIP a threat to consumer information and food safety. The precautionary principle should not be undermined. Chlorine-washed poultry, allowed in the US, should be kept out of the EU.

Center for Food Safety (Washington DC) is very concerned at a continuation and spreading of the downward spiral of food safety standards and public health as seen in the US - and spreading to the EU, such as US methods of hormone-injected cattle,
chlorine-washed poultry, use of non-therapeutic antibiotics, lowering of animal husbandry standards, GM crops etc, (and some negative aspects of EU farming going to the US too).

And this is what the US Agriculture Secretary wants (speaking for US corporations): (it is what we don't want): U.S. says science should settle farm debates in trade deal with EU Philip Blenkinsop - Agricultural Commodities, Reuters. To force GM etc on the EU. But US "science" is corporate science, not independent science, and excludes our democratic say.

CEO - Corporate Europe Observatory explains that TTIP has had huge input from big agribusinesses pushing for lowering of standards - a threat to both food quality/safety and the environment [and biodiversity]. 8jul14 'TTIP: A lose-lose deal for food and farming' -
The Campaign for Real Farming, in 'Latest on the proposed EU-US Trade Deal (TTIP) & the Agribusiness Lobby' refers to CEO's piece above.

In the U.S.: Whistleblowing and freedom of speech about mistreatment of livestock in U.S. factory farming is being gagged by state legislation ("ag-gag" laws) to hide the truth from the public (it could reduce profits!). This doesn't inspire our confidence in the regulatory system in US agriculture: it seems to be regulating freedom of speech and disclosure of evidence rather than farming practice, and shows how big biz controls legislation not public democracy. [REF].

Food first: crops for food, not vehicles and carbon emissions: The UN has now changed to advising against farming for biofuels, now the UN has accepted that the latter reduces farming for food (which must come first), and results in "knock-on" ILUC effects, such as loss of rainforest and an overall increase in carbon emissions. [ILUC means Indirect Land Use Change. It is usually applied to biofuels and carbon emissions, in which diverting a given area's crop from food to biofuel production often has the knock-on effect of increasing the demand for a carbon sequestration area such as rainforest to be converted to food production and hence adding to net overall carbon emissions from biofuel production]. But FTAs give big business more power over land use decisions - and their main priority is profits to feed share-holders, which will favour land-grabs for producing biofuels instead of food if biofuels give higher profits (especially if the EU provides higher incentives for biofuels as it is now). This profit motive will ignore local food needs and ILUC effects on carbon emissions.

Organic farming organisations (e.g. UK's Soil Association and USA's Rodale Institute) recognize that organic farming is good for the climate in sequestering carbon within the soil where it serves a useful purpose, unlike industrial farming (favoured by FTAs and agribusiness) using NPK fertilizers, pesticides, GM crops (example), diesel, which is a big contributor to climate change. (Barbra Striesand provides a good intro here). The Rodale Institute: 'How Organic Farming Can Reverse Climate Change' is worth reading (in EcoWatch, 22apr14). The Organic Consumers Association (USA-based) has set up a campaign - the
FAIR WORLD PROJECT which advocates for authentic 'fair trade' "For a Better World". Here they write on FTAs: http://fairworldproject.org/overview/free-trade-agreements/ and in this 6 minute YouTube video they compare "Free" 'Trade Vs. Fair Trade'.

GM crops and food:  GeneWatch UKwww.genewatch.org is concerned that the TTIP and ISDS will be a vehicle for forcing GM crops and food on us.  Genewatch resources re TTIP (press releases & external links). 'The UK Government and the GM industry: colluding to promote GM crops and foods, undermine consumer choice and ignore environmental harm' pdf May 2014 with disturbing info released by FoI requests. Section on TTIP (p.5): I quote "The GM industry in the USA sees the TTIP negotiations as a major opportunity to weaken GM regulations and increase exports of GM crops and foods to the European Union (EU).   In addition, a controversial proposed Investor-State Dispute Resolution mechanism could allow the GM industry to take European governments to court if they seek to block imports or cultivation of GM." Ref: (EurActiv) 'American agriculture: Go Europe' 21oct13, from which I quote: TTIP "could be the ultimate way to solve the US-Europe GMO dispute, writes Andreas Geiger" of a leading EU lobbying law firm, "The TTIP offers the perfect vehicle to overcome the overwhelming opposition to GMOs in the EU. ...", "the trade talks themselves provide the ultimate opportunity to enable the authorization and cultivation of GM crops in Europe". Also,
Corporate Europe Observatory: 'An open door for GMOs  – take action on the EU-US Free Trade Agreement' (22may13).

Global Trade Watch tweet:

Local #food producers & #farmers will lose out under #TAFTA (#TTIP) http://t.co/DgwQwkgfXv @ARC2020eu #GMO #NoGMO #Ag pic.twitter.com/IUyW5JjSj4 — Global Trade Watch (@PCGTW) June 6, 2014

  refers to:
arc 2020 - Agricultural and Rural Convention
- "A platform of organisations working together for good food, good farming and better rural policies in the EU" write: 'TTIP  setting course for food production carve-ups' Peter Crosskey 6jun14.

La Via Campesina - International Peasant's Movement: Their website viacampesina.org has a section 'Stop Free Trade Agreements!'. This movement and others supporting it, push for 'food sovereignty' - the scenario in which local people, local small farmers and small community farmers and communities, have the overall say in their local agriculture and how their food is locally produced. Here is an example piece from their website: 'India, Farmer's, and Trade Unions Protest against the EU India FTA' [sic - yes there's more than 1 farmer! - in fact: millions whose views are being pushed aside by the "big boys" of corporations and government officials following a different self-serving ideology and the flow of big money]. 'Smaller farms, better food' Dan Iles of WDM, 24apr14. This paragraph on peasant farmers links us well to small farmers and agro-ecological farming us well to:

Nafeez Ahmed (author of book on how to save civilization from crisis) aptly writes on 18mar14 in The Guardian (in follow-up to writing on the NASA-backed Sesync project):  "we must shift away from resource-intensive forms of traditional corporate-dominated agriculture.   In some cases, given that at least 70% of global food production comes from small-farmers, we will find that shifting to agro-ecological farming could dramatically increase sustainability and yields. Communal organic farming offers immense potential not only for employment, but also for households to become local owners and producers in the existing food supply chain, particularly in poorer countries - and an increasing shift to agro-ecology could meet the challenges faced by the existing global food system. This verdict is not being promoted by organic zealots, but by the world's leading food scientists convened by the UN Commission on Trade & Development (UNCTAD) and the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD)." [< my embolding of key words]. My summary:
The TTIP (& other FTAs] not only heads us in the opposite direction than this, but also tries to lock us into the wrong direction.


Farming should be first for sustainable food production, not for profits and feeding cars and lorries.

Ecological farming is sustainable, and also good for biodiversity. Kumi Naidoo of Greenpeace, exhorts that we move away from industrial farming with pesticides (that are harming bees - so essential for pollinating many crops), and GM crops:
'The food system we choose affects biodiversity: do we want monocultures?' 22may14 (International Day of Biological Diversity) in Guardian Sustainable Business   Guardian Professional.
But FTAs favour industrialized farming. Furthermore at the same G8 summit in Fermanagh where PM Cameron helped start the TTIP negotiations he also helped start the corporate take-over of Africa's agriculture by linking UK aid money to industrial farming. Again, multinationals such as Monsanto and their shareholders will be the main beneficiaries. [see WDM's website www.wdm.org.uk].

Example of an FTA  having a damaging effect on small farmers and peasant farmers:

Colombian protests show cracks in disastrous economic model’ -  War on Want  - via Brian Woodward of SL-WDM. In association with recent FTAs with USA then EU, the Columbian government is trying to force on its peasant farmers regulations which favour huge agri-businesses such as Monsanto, which is understandably causing unrest.

Also read Zak Goldsmith MP's words in Hansard, in which he predicts the threat of negative impacts of TTIP on food, and uses evidence from NAFTA: contribution by Zac Goldsmith MP in Hansard.

Other refs:

Sustainable Food Trust -
'We're at TTIPing point' - by Tessa Tricks, 18jul14, 'TTIP's creeping up the public agenda' 4nov14.
Fanny Malinen 'TTIP puts profit before people is that the food future we want' July 2015 in  Contributoria - people supporting journalism. She here gives an overview of impact of TTIP on food and world farming, e.g. the global agribiz oligopoly, the likely lowering of food standards from 'regulatory harmonization', a link to her article on the ATM - Alternative Trade Mandate and food sovereignty.
FARM EUROPE 'TTIP: what is at stake for EU agriculture' - FarmEurope, 9jun15. This looks at EU's agricultural sectors from the point of view of which sectors are likely to gain or lose out in being exposed to the increased competition with US agriculture that TTIP will bring. Farm Europe is a "thinktank" on "rural economies". It's article is thus rather blinkered on economic gains/losses to farmers rather than prioritizing on what type of food and farming is of long-term sustainable benefit to all of us. But it's useful within its limits.


7.b FTA's are anti-localism

'Trade vs. local economies  Procurement on the table' Karen Hansen Kuhn 13nov14 Institute for Agriculture and Trade Policy.
 

  You may want to scroll down to the section on chemicals, as these include agrochemicals             Jumps to CONTENTS & TOP of page   


8.
IPR (Intellectual Property Rights), patents and copyright, - a problematical part of FTAs which I have yet to fully investigate. Multinationals push for de-regulation in many aspects of FTAs and BITs to give them increased freedom to do what they like, but with IPR's (and internet freedom) - it's just the opposite - to increase regulations to protect their interests (i.e. the opposite of "free trade"). Unfortunately this can extend beyond what is reasonable: they can try to extend their property rights to natural products, monopolize markets, and try to make it more expensive for individual people and small businesses to sell or buy products, which can be a threat for example to poor people in poor countries:
Access to affordable medicines is threatened: Dean Baker (of Center of Economic and Policy Research in Washington) writes: "The deal is likely to have even more consequences for the cost and availability of prescription drugs. The United States pays roughly twice as much for its drugs as Europeans. This is due to the unchecked patent monopolies granted to our drug companies. A major goal of the pharmaceutical industry is to be able to get similar rules imposed in the EU so that they can charge higher prices. [...]" Ref:
'TTIP: It's Not About Trade' (13feb14).
Brian Woodward of South Lakeland WDM writes (in
SL-WDM-letter-TTIP-CETA-ISDS.pdf): "The HLWG [EU-US commissioned High Level Working Group on Jobs and Growth] recommends a strong drive to reduce regulations; however, when it comes to patent law a case is put forward to extend intellectual property rights. This will have serious cost implications in the EU and in poorer developing countries. A particular concern is that, when it comes to the supply of safe pharmaceuticals, maximising shareholder profit will come before public health. The development of cheap safe generic drugs is opposed by large pharmaceutical companies and the TTIP/CETA proposals will allow them to extend patent rights so as to maximise profit. This aggressive behaviour has already been seen with existing bilateral trade agreements. For example Canada has been under severe pressure from the US to relax the preference it gives to the use of generic drugs. It is also under pressure to allow “Supplementary Protection Certificates” to be issued for pharmaceuticals. These extend the duration of patents for five years yet again putting profit before public health."
Also read: 2dec13 piece by Scriptonite (see refs below). And try googling ACTA TTIP ... (ACTA - Anti-Counterfeiting Trade Agreement: [quote from EC document] "ACTA was negotiated between 37 countries with the aim of reducing international violations of intellectual property rights (IPR). The EU and 22 of its Member States signed the agreement, but it was eventually rejected by the European Parliament in June 2012."). However there is the danger that its worst aspects could reappear in FTAs such as TTIP and TPP.                                                   

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9. Internet freedom, data security/personal privacy data, government/corporate surveillance
- will ACTA sneak back in by the back door? I've yet to investigate this possibility. So please read these links to investigate this for yourself. Ditto
the US "Sopa and PIPA, legislation that, opponents argue, would lead to online censorship"REF1 and 'Tell the Senate Don't let a SOPA lobbyist negotiate our trade deals'  (CREDO Action). Read Glyn Moody's articles and tweets @glynmoody

The New Internationalist state: "The TPP’s leaked ‘Intellectual Property’ (IP) chapter revealed that big digital-content companies are pushing for restrictive controls on the internet, and hefty copyright fines.  Firms want ‘harmonization’ with laxer US privacy laws to get hold of EU citizens’ personal data, while pharmaceutical companies are trying to block access to generic drugs." Ref: 10 reasons to be worried about the trojan treaties -- New Internationalist.

17mar14 'European Commission prepares to surrender our privacy' ACTA Blog - re personal privacy data: US wants its free-flow for business use; EC not - but appears to keep the door worryingly ajar...(?). Glyn Moody tweets: Glyn Moody ‏@glynmoody 6h European Commission prepares to surrender our privacy - http://acta.ffii.org/?p=2089  a pessimistic take on #TAFTA/#TTIP talks.
Access - 'MOBILIZING FOR GLOBAL DIGITAL FREEDOM' www.accessnow.org
'TTIP: The Lobby plague is coming
26 May 2014 | by Estelle MasseAccess Brussels Office

'What would you like to see in an internet Magna Carta?' "Tim Berners-Lee, author of the web, has called for an online bill of rights..." 12mar14, The Guardian. - but TTIP is surprisingly not addressed in the text here.
Visit https://openmedia.org/  - on the potential impact of the TPP (and maybe TTIP?) on internet censorship and internet privacy. "SOPA back from the grave"?
Dr Michael Geist - 'The Trans Pacific Partnership IP Chapter Leaks: The Battle Over Internet Service Provider Liability' 14nov13.
Also try googling ACTA TTIP ...
Net neutrality - will this be affected? I have yet to investigate (net neutrality means equal speed [etc] for everyone signing up to a particular ISP's product. Rich customers/clients (bot people and corporations) of ISPs should not be able to have a faster internet speed than poorer people/clients. Corporations or wealthy people (e.g. the Koch brothers, Murdoch, fossil fuel corporations) should not have the power via ISPs to decrease other people's internet access or speed or other aspect of use. Thus multinational corporations (for whom FTA's are designed to be primary beneficiaries), should not be allowed power to remove or distort internet neutrality. 'Outrage: FCC Set to Kill Net Neutrality' - WATCHDOG.NET, Spring 2014.
                                                                                                                                       
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       The NHS and public services the impact of "Free Trade & investment Agreements" (FTAs/BITs) such as TTIP

10. Privatization of public services, such as the NHS: The US-EU FTA (TTIP) will (unless stopped or replaced) intrinsically add legal pressure for increased and irreversible privatization of public services (e.g. the NHS) by opening up such services to "competition" from the private sector outside the UK. Furthermore it will "lock in" existing privatizations (resulting from the 2012 Health and Social Care Act & subsequent modifications) to prevent any future democratic moves to nationalize. Even if you don't want re-nationalization, of for example rail or water services, there is a strong principle here being attacked: that of future democratic choice.

NB: (Sept.2014) Government trade minister Lord Livingston admits that NHS will be included in the TTIP, and he reckons free-marketization is good for the NHS:

2sep14 And do read this by Nick Dearden of WDM: 'Bring on the defeat of the EU-US free trade deal' "The TTIP is an aggressive expression of the ‘free market’ ideology that should have been binned with the financial crash".

8jul14 newsflash: 'UK anti-TTIP protests to focus on NHS privatisation'

Brief video re NHS and TTIP secrecy: https://www.youtube.com/watch?v=mcgBUrHAHXo&feature=youtu.be …

EurActiv states:
“The proposed TTIP agreement would … prise open public procurement markets.  “The Agreement will aim at enhanced mutual access to public procurement markets at all administrative levels (national, regional, local), and in the fields of public utilities […] ensuring treatment no less favourable than that accorded to locally established suppliers,” according to a separate leaked ‘nature and scope’ document seen by EurActiv. ...” Ref.link to read the ... on this: 'TTIP ‘challenged’ by environmental critics, EU says'  EurActiv, 27feb14.
'This treaty isn't about 'trade' - it's a fight for public services everywhere'  Ruth Bergen of the UK's Trade Justice Movement, in openDemocracy, 7feb14. Strapline: "
Defeated in Seattle and Doha, US and EU corporations are once more trying to stitch up the global economy in the name of 'trade' - with our public services the biggest prize". An example: NHS privatization. Read this:
'NHS could be 'carved open' by US healthcare profiteers, warns Shadow Health Secretary, Andy Burnham' "Campaign groups join call for health service to be exempted from landmark trade treaty between America and the EU" Charlie Coper, 27apr14 - Health News - Health & Families - The Independent.

The openDemocracy OurNHS section has a number of very useful articles on the effect that TTIP will have on the NHS, e.g.:
'On TTIP and the NHS, they are trying to bamboozle us' 14jul14 by John Hilary - Executive Director of War on Want and author of The Poverty of Capitalism: Economic Meltdown and the Struggle for What Comes Next (2013).
'Will Labour defend the NHS from the EU US trade deal?' Linda Kaucher, openDemocracy, 23apr14. Strapline: "Andy Burnham and John Healey's statements on the risks to the NHS of the trade deal between the EU and the US seem at odds. Labour should be speaking clearly for the NHS.".

BMA news 12apr14: 'BMA raises alarm over free trade agreement' "The BMA is to outline its concerns about a free trade agreement being negotiated between the EU and USA. ... The TTIP talks have sparked concerns about IP (investor protection) and ISDS (investor to state dispute settlement) mechanisms, which can be used by corporations to attack public services. ... BMA EU policy manager Paul Laffin said: 'The BMA will be working with partners to respond to this consultation and close any loopholes in the TTIP, or any other free trade agreement, that could prioritise corporate interests over patients' rights.' However the article naively ends saying assurances have been won, seemingly not realizing how hollow these assurances are. The threat is intrinsic to TTIP, as the following reference helps to explain:
NB: 'EU-US Trade and Investment treaty [TTIP] needs to be got rid of altogether – NHS exemption isn’t possible' - Jenny Shepherd explains why, in Upper Calder Valley Plain Speaker, 17may14.
NB: Re TTIP agreement: At 15-19th June RCN Congress 2014 a resolution was passed with a 97% majority: 'That this meeting of RCN Congress urges Council to lobby against the inclusion of health services in the Transatlantic Trade and Investment Partnership (TTIP)'. Result: The resolution was passed. For: 97.16% (461), Against: 2.84% (13), Abstain: (14). Thankyou Laura Courty for the link for that, which also provides a summary debate report with references. RCN - Royal College of Nursing.

Nick Clegg's view on the impact of TTIP on the NHS

(in a twitter Q&A session on 13may14)

TTIP_NHS_Clegg_Q&A_tweets1

Obviously the Q is sensibly referring to the ratcheting up of increasing and irreversible privatization of the NHS which the TTIP will intrinsically and legally lock in place.

My analysis of Clegg's answer: see right-hand column.

But Clegg's answer, specifically to the NHS impact, is only 3 words long, and is untrue - as I've shown above (also it is likely that Clegg knows that his words are untrue, because he has worked in the EU system and thus should understand it; the untruth is probably part of his attempts to paint a rosier-than-reality picture of the EU). He immediately diverts from that awkward subject with speculative jobs propaganda, ignoring the NAFTA evidence, and even admissions of job losses by EC-commissioned projections. He then falsely misrepresents opponents to the TTIP as being "isolationists" (i.e. UKIPers) - this is insulting green-minded opponents, as the main opponents of the TTIP and supporters of the NHS couldn't be more different than the UKIPers and would rightly detest being tarred with the same oily brush. The Green Party argument against TTIP is totally ignored as if non-existant. Then Clegg caps it off with a "strawman" argument - so typical a ploy of politicians who don't want to address the real arguments of their opposition as they know they'll lose. Incredible how skilled he is at quickly packing so many of the worst aspects of a politicians answer into 140 characters (even including obfuscation - which often requires extra word-padding).

In pre-election 2010 I had some hopes for Clegg and voted LibDem, as I've usually done (we have a mostly-good LibDem MP in Tim Farron). My opinion of Clegg has declined ever since and now plummets. He has become so used to trading away truth to maintain his small bit of power.

'The NHS is being taken over by Wall Street. And Cameron won’t stop it' - Len McCluskey 17jul14  Comment is free   The Guardian.htm

NB: More recent articles on TTIP and NHS privatisation are on the STOP TTIP South Lakes website: www.bit.ly/STOP-TTIP-South-Lakes


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11. Employment rights
/ workers rights and JOBS: Here quoting from Clare Speak's 10mar14 piece (link in Reference LINKS section below)
'John Hilary, Executive Director of the anti-poverty charity War on Want, said that the treaty could actually lead to a “massive loss of jobs.”' 
And:'ETUC position on the Transatlantic Trade and Investment Partnership' ETUC, 29apr13 (European Trade Union Confederation).
The European Commission admit that TTIP is likely to result in job losses, and the constultancy they commissioned agree with that. Furthermore, Jeronim Capaldi's economic study on the likely impact of TTIP predicts big job losses in the EU.
The now 20 year old NAFTA resulted in job-losses from USA and other ills:
WDM state: "A similar agreement [to TTIP] between the USA and Mexico [i.e. NAFTA] led to a net loss of 1 million jobs and declining wages in both countries."
'NAFTA at 20  One Million U.S. Jobs Lost, Higher Income Inequality' Lori Wallach, 6jan14 HuffPost.
CTC Citizens Trade Campaign's overview of NAFTA “U.S. workers have lost 3 million actual and potential jobs; ” – but no evidence source given
http://www.citizenstrade.org/ctc/trade-policies/existing-trade-agreements/north-american-free-trade-agreement-nafta/
Brian Woodward told me in April 2014 that “The free trade zones in Mexico and Central America have undermined jobs in the US because they allow companies to exploit cheap labour in the "maquilas" which are zones where normal regulations relating to workers right are not upheld. There is a chapter in a new book which is now on line which shows how they operate in Central America http://theviolenceofdevelopment.com/chapter-7-free-trade-treaties-and-the-failure-to-industrialise/#7.24”  
Wikipedia on NAFTA North American Free Trade Agreement  and effect on US jobs:  "the AFL-CIO blames the agreement [NAFTA] for sending 700,000 American manufacturing jobs to Mexico over that time." This links to an FT article: 'Contentious NAFTA pact continues to generate a sparky debate' James Politi, 2dec13
Despite all the above NAFTA evidence and predictions, UK Dept BIS, LibDem and Tory MPs predict job increases from TTIP - yet can't back up their hollow claims. Repetition of such claims they deem sufficient, maybe from ideological "beliefs", as if evidence is not needed.   

                                   

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12. CHEMICALS           (the impact of "Free Trade & investment Agreements" (FTAs/BITs) such as TTIP)

We need better regulation of chemicals, especially of course of toxic chemicals, to protect both human health and our environment, and certainly not a leveling down to the very weak protection in the US. However the chemical industry, and US trade negotiators acting on their behalf, appear to be successfully using the EU-US trade negotiations (TTIP) as a vehicle to progress their decade-long push for the EU to shift emphasis to assessing the impact of regulations on free trade and costs (or profit-loss) to industry as being paramount over impacts of chemicals on our health and environment. This would (as they intend) result in a new US-EU regulatory system allowing increasing industry influence over their own regulation, which would add scope to delay, dilute or block implementation of any new regulations to protect us. And even the EU’s long established ‘precautionary principle’ could be at risk, a principle enshrined in the treaties between EU member states and underpinning EU chemicals regulations [scroll up for section focusing on the pp].
That's my summary of what I've read. Do read the experts for your own assessment:

'Leaked TTIP Documents Expose Chemical Industry’s Toxic Agenda' John Deike, 10mar14, EcoWatch.
17mar14: Glyn Moody tweets:
Glyn Moody ‏@glynmoody  "critique of the ACC-CEFIC proposal for trans-Atlantic cooperation on chemicals" - http://ciel.org/Publications/ToxicPartnership_Mar2014.pdf … brilliant analysis - do read #TTIP
'Toxic Partnership: A critique of the ACC-CEFIC proposal for trans-Atlantic co-operation on chemicals' report by CIEL - Center for International Environmental Law & Client Earth - March 2014 (pdf). I quote: "This paper provides a critical analysis of, and response to, the trans-Atlantic chemical industry’s proposals for regulatory cooperation under TTIP. It demonstrates that, rather than improving the regulation of chemicals, their suggestions are likely to:
   1. Freeze progress in regulating toxic chemicals;       2. Create an industry bypass around democracy;
   3. Give commercial interests and trade precedence over the protection of human health and the environment;
   4. Stifle innovation in safer chemicals; and                 5. Impede global action on toxic chemicals."
And more such strong wording!   Well worth reading at least the executive summary.
I also strongly recommend you read this brief summary of the threat of the TTIP on adequate regulation of chemicals:
'TTIP means trading away better regulation' 9apr14 EurActiv by
Baskut Tuncak - the Chemicals Program Attorney for the Center for International Environmental Law (CIEL). He concludes: "Indeed, TTIP is primarily about regulation.  But, let’s be clear, TTIP is not about better regulation."
Endocrine disruptors are one category of chemicals of many that we need to get adequate protection from, yet TTIP threatens that. 'Endocrine disruptors: Harmful or not?' 12dec13 EurActiv. Will the EU's Precautionary Principle survive industry and US pressures? Do read this 1sep14 update:
'EU legislative work on hormone-affecting chemicals could be undermined by TTIP' - EurActiv, 1sep14. The corporate-led US position is that EU's precautionary principle should be replaced by a 'scientific' method, but what they mean is corporate-"science" (cherry-picked semi-secret and censored experimental work by scientists working for bigbiz, not the more independent science done by university academics. The precautionary principle fits in with academic science.).
Monsanto's glyphosate found in increasing levels in "Roundup-Ready" GM crops, and in livestock and humans. E.g. '‘Extreme Levels’ of Monsanto’s Roundup Herbicide Found in Soy Plants' 18apr14 EcoWatch.
Chemical Industry using TTIP ‘to attack the precautionary principle’ Chemical Watch, August 2014.
REACH - Google REACH for more information.

                                                                                                                         
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13. Education: 'TTIP 'threatens' European education quality, teachers say' 17mar14 EurActiv.
For University and College Union briefing on why education is at risk from the TTIP: scroll down on this WDM page.

14. Climate change, fracking, tar sands - FTAs such as TTIP and CETA are a huge threat to our ability to tackle climate change as they increase the power of the big fossil fuel and high-energy-use companies - especially the multi-nationals - to increase and "lock-in" their obstruction of climate legislation and global climate agreements. Furthermore, TTIP and CETA threaten to increase the expansion of destructive, polluting and high-emissions unconventional methods of oil and gas extraction such as from tar sands and by fracking etc. I have written a more detailed section on this: click here to jump to it.

15. to 19.
FTA's are a can of worms, and there are numerous other threats from FTAs such as TTIP that I have yet to investigate. For example: Public Citizen (US) here list numerous threats from TTIP (they prefer to call it TAFTA) in their corporate wish-list.
                                                                                                                             
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20. FTA's are built on the false myth-based ideological "economics" of neoliberalism and quasi-market-fundamentalism, which although still very much the current mainstream orthodox economics used by City economists (and by politicians in power) is nonetheless being increasingly discredited by both academic and student economists (my web-page on ECONOMICS for background & examples). Such neoliberal economics rules hold sway in power now because it is favoured by big business or corporate interests - as it provides an 'academic' justification (though a flawed one) for a system that makes the rich richer and the poor poorer, and cultures an acceptance that environmental losses are an inevitability that has to be accepted in exchange for the "Western" high (material) standard of living maintained by consumption, associated with a false need for "economic growth", measured over-simply by GDP (and still uncoupled from carbon emissions), and the flawed dogma for "free markets" to be a necessary vehicle for increasing such growth.
The false need for economic growth is itself driven by the way most money is created as private debt by banks (which itself is a false necessity). GDP growth and debt-created money creation form an inherently unstable and ultimately destructive system that if not controlled, will continue to destroy our environment and lead to large areas of the Earth becoming uninhabitable due to climate change.
There are alternative economics and systems that are much more equitable and environmentally sustainable (read New Economics Foundation and Positive Money for a start: economics for all of us not just the wealthy elite, aka "the 1%").
Economics students are rejecting being taught just neoclassical and neoliberal economics: 
'Orthodox economists have failed their own market test' Seumas Milne 20nov13 "Students are demanding alternatives to a free-market dogma with a disastrous record. That's something we all need". (Even the Bank of England has recently acknowledged the basic flaw in economics education about how banks fund loans).
We all most certainly need the alternative economics, and ASAP - to get us off our present trajectory towards a disastrous 4 to 6 degrees C increase in global warming, to arrest the fast extinction rate of species, and the increases in inequality.
                                                                              
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Any positive benefits in FTAs?           (besides those to multinational corporations, their shareholders, "The City" etc)

Pia Eberhardt of Corporate Europe Observatory concludes in her March 2014 interview by the Lords Select Committee into the TTIP, that if you remove all the bad aspects of the TTIP you would be left with so little of benefit, that ideally it would be best to scrap the TTIP altogether as it now stands.
[It could be replaced with a better trade agreement - that is better for all of us instead of just big corporations and their shareholders. For example, along the lines of the Alternative Trade Mandate - see NGOs section below]

Proponents of FTAs such as the TTIP focus on MONEY (especially predictions of GDP growth) and then JOBS (despite impact being bad for jobs), less so (if at all) on the many other aspects such as those listed above (hardly surprisingly!).

Lord Adair Turner, in his article 'The Trade Delusion' (18jul14) gives reasons why "potential global benefits of trade liberalization have declined", implying in his title and text that the benefits of FTAs to economic growth in GDP have been hyped up. We know why the "benefits" have been hyped up - as they are in reality benefits to the big transnational corporations in power and profits, and to their beneficiaries such as wealthy shareholders, and to politicians with eyes on revolving doors, vested conflicts of interest and within-Party tribalism.

£££ benefits to the UK economy?

Beware - TTIP is being "sold" to us as being good for growth and prosperity, and even for jobs, despite the EU-commissioned study by big-bank-funded CEPR (London) admitting TTIP will result in job losses, and its growth predictions are at best very small. A recent report from Tufts University is damning against these predicted "benefits", and WDM's Director Nick Dearden summarizes the Tufts findings with the "advice": 'For lower wages, higher inequality and more austerity – vote TTIP'. And War on Want here refutes Vince Cable's letter to MPs trying to "reassure" them with "a wilful misrepresentation of the truth" about TTIP.

And read this LSE blog article:
'The potential benefits of a US-EU free trade deal for both sides may be much smaller than we have been led to believe'
by Gabriel Siles-Brügge and Ferdi De Ville
And who benefits? Position statements by LibDems and others divide up £benefits equally per household - as done in the CEPR report for the EU Commission, as if there will be fair and even distribution! Do they think we are gullible fools? Shareholders of multinationals may gain in dividends etc - but that will be wealthy "rentiers" or those with parasitic income, not people on lower incomes. I doubt if the recipients will be the sort of people who'd want to share out their non-worked-for gains to those on low income, in this nation of increasing inequality associated with a selfish neoliberal ideology.

The US Center for Economic and Policy Research (cepr) strongly criticizes the hollow claims that trade pacts are good for job creation and economic growth: 'Why Is It So Acceptable to Lie to Promote Trade Deals'  (30may14), and comments on the report by the Centre for Economic Policy Research, London (also CEPR - but no connection).
This is also worth a read: Glyn Moody writes: ‘Why TAFTA TTIP Isn't Worth It Economically, And How We Can Do Much Better’ (26jun14, Techdirt).

Jobs? These will more easily go to where-ever/who-ever pays the lowest to its employees with the least employment protection rights, and can lead to job-losses.
The now 20 year old NAFTA resulted in job-losses from USA and other ills:

'NAFTA at 20  One Million U.S. Jobs Lost, Higher Income Inequality' Lori Wallach, 6jan14 HuffPost.
CTC Citizens Trade Campaign's overview of NAFTA   “U.S. workers have lost 3 million actual and potential jobs; ” – but no evidence source given
http://www.citizenstrade.org/ctc/trade-policies/existing-trade-agreements/north-american-free-trade-agreement-nafta/
Wikipedia on NAFTA North American Free Trade Agreement  and effect on US jobs: 
"the AFL-CIO blames the agreement [NAFTA] for sending 700,000 American manufacturing jobs to Mexico over that time." This links to an FT article: 'Contentious NAFTA pact continues to generate a sparky debate' James Politi, 2dec13

The Economic Policy Institute's economist Robert E. Scott, in his article titled 'NAFTA-related job losses have piled up since 1993' (10&16dec03) states: "Since the North American Free Trade Agreement (NAFTA) was signed in 1993, the rise in the U.S. trade deficit with Canada and Mexico through 2002 caused the displacement of production that supported 879,280 U.S. jobs. ..."

Brian Woodward told me “The free trade zones in Mexico and Central America have undermined jobs in the US because they allow companies to exploit cheap labour in the  "maquilas" which are zones where normal regulations relating to workers rights are not upheld. There is a chapter in a new book which is now on line which shows how they operate in Central America http://theviolenceofdevelopment.com/chapter-7-free-trade-treaties-and-the-failure-to-industrialise/#7.24

The US Center for Economic and Policy Research (cepr) strongly criticizes the hollow claims that trade pacts are good for job creation and economic growth: 'Why Is It So Acceptable to Lie to Promote Trade Deals'  (30may14), and comments on the report by the Centre for Economic Policy Research, London (also CEPR - but no connection).

German video: 'The Fairytale of the Job Miracle'  -  ARD Monitor TV Program    Das Märchen vom Jobmotor  - YouTube. Click on the English "captions" if like me you can't understand German.

TTIP was debated in Parliament on 25feb14: do read good contribution by Zac Goldsmith MP in Hansard, who shows that the now 20 year old North American FTA, on which subsequent FTAs have been modeled, did not live up to claims, in fact quite the opposite (NAFTA - the North American FTA between USA, Canada and Mexico).

The removal of the remaining tariffs between USA and EU may have benefits to trade, but tariffs now form but a small part of the TTIP, and benefits are small - because most US-EU tariffs have been removed or reduced already. The removal of unnecessary tariffs could be done much better using an alternative model for trade agreements, which could help small intra-national companies sell their products e.g. to USA or Canada without undue tariffs, but without the extra advantages given to the big multi-nationals that FTAs provide.

Benefits to business: NB: it is multi-national corporations who are said to have contributed to the text of the TTIP (most likely for their benefit), not SMEs for theirs, and as I've explained above in the threats section, the former already have a big unfair corporate tax advantage over intra-national SMEs and are a threat to the latter (e.g. unfair competition and take-over threats).

Also see this excellent mythbuster by War on Want and the #NoTTIP coalition (major unions, WDM etc.): 'TTIP: NO PUBLIC BENEFITS, BUT MAJOR COSTS' - TTIP mythbuster, Sept 2014.pdf      And this concise brief press release by War on Want re jobs
threat.

Brian Woodward's excellent letter to represent the views of South Lakeland WDM on TTIP, CETA, ISDS (SL-WDM-letter-TTIP-CETA-ISDS.pdf
) states: "... The HLWG says that TTIP would enhance business opportunities through substantially improved access to government procurement which is true. However, according to the CEPR report, 80% of the financial gain would come from deregulation and liberalising trade in services and public procurement. This has serious implications for jobs and work conditions in the UK and in the case of the NHS profit would come before public health. Most large corporations are already manipulating weak tax legislation and off-shore accounts to maximise their profits; and privatisation is usually associated with job losses... . Therefore any financial gain would be concentrated in the hands of global shareholders to the detriment of the general population. ..." The HLWG is The High Level Working Group on Jobs and Growth commissioned by the EU/US, and the CEPR is the Centre for Economic Policy Research (London, as distinct from the totally disconnected CEPR in the US - also studying the TTIP). Brian refers to and links to reports by both the HLWG and the CEPR. I quote from the CEPR report: "Reducing non-tariff barriers will be a key part of transatlantic liberalisation. As much as 80% of the total potential gains come from cutting costs imposed by bureaucracy and regulations, as well as from liberalising trade in services and public procurement."

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Examples of FTAs      (Free Trade Agreements)   and related bodies.        Alternatives to the FTA model for trade


For more detail download WDM's briefing pdf on trade agreements

TTIP - Transatlantic Trade and Investment Partnership - between USA & EU - now under negotiation. It was started up following the G8 summit at Lough Erne, Fermanagh, Northern Ireland in June 2003 (this piece is of PM Cameron's intentions in January 2013). Aka: TAFTA - Trans-Atlantic Free Trade Agreement.
CETA - Comprehensive Economic and Trade Agreement - between Canada and the EU - negotiation completed in October 2013 but the ISDS still appears to be under debate (?) and its existence is rightly being criticized. But unfortunately CETA is not getting the urgent public and parliamentary attention it needs (time is running out, and bear in mind: it could facilitate trade of products from the Alberta tar sands industry and thus expansion of this ecocidal mega-project). A web-page I wrote on CETA in early 2013 which probably needs updating.


NAFTA - North American Free Trade Agreement (between USA, Canada, Mexico) - has already in place for 20 years and provides a "good" example of the down-sides of such FTAs: Its ISDS mechanism has already enabled attacks on environmental and other regs (Fracking example). Zak Goldsmith MP criticized it in parliament. Was signed up to in December 1993. CTC Citizens Trade Campaign's overview of NAFTA (CTC advocates Fair Trade not Free Trade).
'NAFTA at 20  One Million U.S. Jobs Lost, Higher Income Inequality' Lori Wallach, Director, Public Citizen's Global Trade Watch, in THE WORLD POST, 6jan14, updated 8mar14.

TTP - Trans-Pacific Partnership - now under negotiation between USA and Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Said to be like a "NAFTA on steroids". EXPOSE the TPP.
FIPA - between Canada and China - threatens e.g. indigenous First Nations people's treaty rights (China is involved in the Alberta tar sands industry). REF

A BIT is a Bilateral Investment Treaty - same or similar to a FTA in typically having a similar Investor-State arbitration mechanism by tribunal. Designed to protect foreign investors. They've been advancing corporate power bit by bit...      < couldn't resist that pun but it's very true in both senses.

EPA - Economic Partnership Agreement. EPAs are being set up between the EU and countries in Africa, the Caribbean and the Pacific. CEO writes that campaigners are protesting against EPAs.

WTO World Trade Organisation: The WTO Bali agreement in December 2013: Nick Dearden of WDM explains how this relates to FTAs/BITs in his February 2014 article in Red Pepper. He also refers to the WTO Dispute Settlement Mechanism, and:

TISA - Trade in Services Agreement: Nick Dearden (WDM) describes this as "an attempt to embed the deregulation of all ‘services’, including healthcare and education, through to banking and postal services." ?A next step in a worse direction from:
John Hilary of WoW explains what trade in services means, terminology such as MODEs 1 to 4, negative and positive lists, how TiS are tackled in TiSA, TTIP and CETA, and impact on NHS and public services, here in this 14 minute YouTube: 'Trade agreements (TTIP, CETA, TiSA) and public services'

GATS - General Agreement on Trade in Services. (see TISA above).

. . . . . . . . . . . . . . . . . . . .

ICSID - International Centre for Settlement of Investment Disputes (World Bank), where ISDS panels operate. For more info: McDonagh's Democracy Center report & a 9 minute video (link in next section below).

IRSG - the Council of the International Regulatory Services GroupTom Lines in the New Internationalist writes about this in 'The City, the banks and the EU – all in it together' 16jan14.

RCC - the Regulatory Cooperation Council - is a proposed over-arching US-EU body to go with the TTIP, with the intention to "oversee the development and implementation of the vast majority of laws that protect public health, consumers, workers, the integrity of our banks, and the environment in both the EU and US" [quote of Baskut Tuncak, the Chemicals Program Attorney for the Center for International Environmental Law (CIEL) in his 9apr14 EurActiv article, which expresses deep concerns that the RCC would increase the influence of industry on its own regulation, and would shift emphasis to the effects of proposed regulation on free trade and industry rather than on the health and safety of us and our environment, and thus delay, dilute or block implementation (well worth reading).

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Some of the many NGO's trying to tackle the bad aspects of FTA's such as the ISDS mechanism
(also see ref.links for more, and list of ATM members)

Do read this 11nov13 letter (pdf) re TTIP/TAFTA to Obama, Barroso, Van Rompuy which has many signatories of NGOs etc from both sides of the Atlantic.

Stop TTIP (EU-wide) - e.g. the 'Self-organised EUROPEAN CITIZENS' INITIATIVE (ECI) against TTIP and CETA'

Stop TTIP uk campaign - Linda Kaucher - www.StopTTIP.net  - have produced an excellent insightful and easy-read booklet explaining TTIP and the forces behind it - I hope they put it online. In the meantime the website also has insightful explanatory information. Linda Kaucher has studied so-called "trade agreements" for many years going back to and beyond, from 1999's "Battle of Seattle" against the WTO global pro-corporate-power globalization push - trying to get all nations to sign up (since then the process has been even more insidious - via incremental FTAs and BITs).
Here's one of Linda Kaucher's articles, which shows how pro-bigbiz de-regulation by both UK Deregulation Bill and EU's equivalent push is connected with deregulation in TTIP (but by a different name(s)): 'The EU's giant and secretive deregulation blitz'   openDemocracy.

#NoTTIP  www.nottip.org.uk is an alliance of numerous NGOs and other groups wanting the TTIP stopped, including WDM Global Justice UK, and is open to local groups/communities allying with it for solidarity. It has produced good A5 leaflets and a #NoTTIP newspaper which was well written.

Trade Justice Movement  www.tjm.org.uk The TJM is a coalition of organisations concerned with trade justice, promoting trade that is low carbon, and is in the interest of the many, not the few. London, UK · tjm.org.uk  Ruth Bergan @RuthBergan Coordinator @TradeJusticeMov  I quote from WDM's briefing pdf on trade agreements: "The Trade Justice Movement is a coalition of over 60 organisations concerned with trade justice, including trade unions, aid agencies, environment and human rights campaigns, Fair Trade organisations, faith and consumer groups. Together, we call for trade justice - not free trade - with the rules weighted to benefit poor people and the environment." Do explore their website - a very useful resource.

CEO - Corporate Europe Observatory - http://corporateeurope.org/ "Corporate Europe Observatory is a research and campaign group working to expose and challenge the privileged access and influence enjoyed by corporations and their lobby groups in EU policy making." - a quote from WDM again. (Do join WDM!). Pia Eberhardt of COE was interviewed by UK's Lords Select Committee on TTIP on 6mar14 (link in Ref. LINKS section). C.O.E. have produced an excellent report: 'A brave new transatlantic partnership - The proposed EU-US Transatlantic Trade and Investment Partnership (TTIP/TAFTA), and its socio-economic & environmental consequences' which you can read on the WDM website here. CEO's web-page on 'International Trade'.

The Democracy Center e.g. very useful pdf report by Thomas McDonagh: Unfair, Unsustainable, and Under the Radar - How Corporations Use Global Investment Rules to Undermine a Sustainable Future’ << this link is to web-pages from where you can download the pdf as well as read a summary and watch videos on the evidence of harm done by the ISDS carried out in ICSID.

GJN Global Justice Now (formerly WDM - World Development Movement - www.wdm.org.uk) [these links need updating] GJN is concerned with the effect of trade agreements on social justice and the world's poor (web-page was: www.wdm.org.uk/trade) e.g. as shown in its 2013 campaign briefing pdf: 'Profiting from people and planet' on Trade Agreements including e.g. TTIP, TPP, TISA, written just prior to the 3-6dec13 WTO trade talks which came to an agreement. They have a hub web-page on TTIP, and have produced a great briefing pdf on trade agreements. Also see Susanne Schuster's 'TTIP-TAFTA  The sellout of our democracy'(16dec13). 'Cameron’s arguments for EU-US trade deal ‘deeply flawed’' (13mar14). They had a workshop at the No Dash for Gas - Reclaim the Power: 'Reclaim the Power supports 'No to TTIP' movement' by Mel Strickland.

ATM - Alternative Trade Mandate - a European alliance of over 50 civil society organisations (including WDM and COE) http://www.alternativetrademandate.org/

The ATM alliance wants to make EU trade and investment policy work for people and the planet, not just the profit interests of a few, and have produced an ATM document (pdf you can download).  CEO writes that the ATM "is a 20-page civil society proposal to democratise EU trade and investment policy and put environmental protection as well as human and labour rights at its heart". ATM on twitter: https://twitter.com/alttrademandate.
2apr14: Launch of the Alternative Trade Mandate pledge campaign calling on European Parliament election candidates to make EU trade and investment policy serve people and the planet, not just the profit of a few large corporations.":  
'MEPs called on to support trade and investment rules that work for people and the planet'   Corporate Europe Observatory 2apr14.
Here Fanny Malinen writes on the ATM: 'Mapping out trade policy with human values'  October 2014 in Contributoria - people supporting journalism.

FoE Europe
and FoE USA are both trying to tackle FTAs and ISDS.  e.g. read this web-page. Download this excellent pdf factsheet on the ISDS: foee_factsheet_isds_oct13.pdf
‘The TTIP of the anti-democracy iceberg: The risks of including investor-to-state dispute settlement in transatlantic trade talks’ October 2013.
FoEE 'Trading away our future' - provides link to pdf report by Friends of the Earth Europe of the same title, and also other pdf reports on TTIP e.g. the ISDS and impact on agriculture.
FoE's Craig Bennett's views of TTIP etc in the wider context of business attitudes: 2sep14: 'Truly progressive businesses must challenge this flawed neo-liberalism'.

Public Services International http://www.world-psi.org/ is concerned with the effect of trade agreements on public services, trade unions, social justice etc.


Public Citizen's Global Trade Watch - Director: Lori Wallach   www.citizen.org/trade   https://twitter.com/PCGTW   "Public Citizen's Global Trade Watch was created in 1995 to promote government & corporate accountability in globalization & trade.  Washington, D.C."
'NAFTA at 20  One Million U.S. Jobs Lost, Higher Income Inequality' Lori Wallach, Director, Public Citizen's Global Trade Watch, in THE WORLD POST, 6jan14, updated 8mar14.

TNI - Trans-national Institute re Trade & Investment - part of the Economic Justice programme. “The EU’s current trade and investment policy is a recipe for disaster for people around the world. The EU is leading an aggressive agenda to open markets for global agri-business. This is wiping out small farmers and is a major cause of hunger. Excessive investor rights take away much needed policy space. We need to break away from this corporate driven agenda,” said Lyda Fernanda Forero of the Transnational Institute, a member of the Alternative Trade Mandate Alliance. << quote from CEO.           Susan George (not the actress) - now in her early 80's, has worked for TNI for ages, and is "one of the most influential writers on international hunger and social justice in recent times". She has been widely acclaimed for many years as having written the ground-breaking book c.40 years ago 'How the Other Half Dies: The Real Reasons for World Hunger'. "In 1985, as pictures of East African drought and hunger started appearing on our TV screens, Susan George published 'Ill Fares The Land' a collection of essays which didn't shy away from criticising International aid efforts, and demanded a different approach to trade and development. She wrote 'A more just society is a better-fed society'. It would become a seminal text. Now, aged 81, and continuing to speak at conferences around the world" - some of my quotes from the 2015 BBC R4 interview of Susan George by Sheila Dillon, covering her career, the predictions she made 30 years ago, and the problems we still face in feeding our growing global population. Toward the end of the interview some of the food threats of TTIP are briefly described.

War on Want and John Hilary on the TTIP: www.waronwant.org/campaigns/trade-justice/ttip. And see copy of their 10mar14 joint letter in The Times. Their Executive Director John Hilary has written an excellent pdf document on TTIP (February 2014): http://rosalux-europa.info/userfiles/file/TTIP_EN.pdf and John Hilary - 'THE TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - A CHARTER FOR DEREGULATION, AN ATTACK ON JOBS , AN END TO DEMOCRACY' http://www.waronwant.org/attachments/HILARY_LONDON_FINAL_WEB.pdf                   On jobs threat: try THIS press release.

IATP - Institute for Agriculture and Trade Policy: 'Karen Hansen-Kuhn - My Big Concern for food & farming from an EU-US trade deal' - YouTube.

CIEL - Center for International Environmental Law - defends the right to a healthy planet. Sign up for our newsletters: http://ow.ly/qiFQS  Washington, DC · ciel.org e.g. pdf: http://ciel.org/Publications/ToxicPartnership_Mar2014.pdf

ClientEarth Justice for planet Earth.Environmental law org for forests/oceans/rights/biodiversity/climate/air pollution/ UK, EU + beyond.London, Brussels, Warsaw · clientearth.org

Public Citizen - citizen.org http://www.citizen.org  (US) - Their web-page on TTIP aka TAFTA: 'The Trans-Atlantic "Free Trade" Agreement (TAFTA) - U.S. and European Corporations’ Latest Venue to Attack Consumer and Environmental Safeguards?'.     www.citizen.org/TAFTA

ATTAC www.attac.org/en - "International network".   Good 4 minute video:  TTIP  Resistance now!  .

ETUC (European Trade Union Confederation) 'ETUC position on the Transatlantic Trade and Investment Partnership' ETUC, 29apr13.

ETUI (European trade Union Institute) e.g. 'The TTIP’s impact bringing in the missing issue' by Martin Myant, ETUI and Ronan O’Brien, independent researcher - Working Papers - Publications, 2015. Also e.g. 'European Trade Union Institute (ETUI) - 'TTIP fast track to deregulation and lower health and safety protection for EU workers' by Aida Ponce - European Economic, Employment and Social Policy - Policy Briefs - Publications.

CTC  Citizens Trade Campaign www.citizenstrade.org (US) "FAIR TRADE NOT FREE TRADE" 'Citizens Trade Campaign (CTC) is a broad and diverse national coalition of environmental, labor, consumer, family farm, religious, and other civil society groups founded in 1992 to oppose the North American Free Trade Agreement (NAFTA).' 'We are united in a common belief that international trade and investment are not ends unto themselves, but instead must be viewed as a means for achieving other societal goals such as economic justice, human rights, healthy communities, and a sound environment. The rules which govern the global economy must reflect the views and needs of a majority of the people on issues such as jobs, wages, the environment, human rights, food and consumer safety, access to essential services, and public health.'

FAIR WORLD PROJECT - fair trade advocates - "For a Better World". On FTAs: http://fairworldproject.org/overview/free-trade-agreements/.  Fair World Project (FWP) is an independent campaign of the Organic Consumers Association which seeks to protect the use of the term “fair trade” in the marketplace, expand markets for authentic fair trade, educate consumers about key issues in trade and agriculture, advocate for policies leading to a just economy, and facilitate collaborative relationships to create true system change." Contact base is at Portland, Oregon, USA. Their 6 minute YouTube video: 'Trade Vs. Fair Trade'.

Fair Trade Advocacy Office - another member of the ATM.

Rosa Luxemburg Foundation Brussels - NB: download and read this pdf: 'Free Trade - Project of the Powerful : TTIP Transatlantic Trade and Investment Partnership'
Author: Ulrike Herrmann. Brussels, April 2014. From this web-page, or the pdf directly here. This puts TTIP in its historical context which improves insight into the underlying power-force and its direction of travel. Also finally on p.21 it warns of TTIPs hidden 'blueprint' - the EU-Canada FTA - CETA (though strangely not using this acronym). Also, War on Want's Executive Director John Hilary has written a pdf document on TTIP on the Rosa website: http://rosalux-europa.info/userfiles/file/TTIP_EN.pdf  (February 2014).


oD openDemocracy  www.opendemocracy.net       e.g. OurNHS, OurKingdom.
'Trade deals - is the mood turning?' Gus Fagan, 6feb14,  openDemocracy "Political sentiment on both sides of the Atlantic is turning against anti-democratic trade deals - but high geopolitical and financial stakes means we shouldn’t expect those pushing the deals to give in gracefully."

'Bad science, health risks, and the EU US trade treaty' Molly Scott-Cato, 12mar14, openDemocracy "Whether on GM foods, pesticides, or pharmaceuticals, the EU/US trade treaty aims to strip away higher European regulations that protect public health but hinder corporate profits."  MSC is Professor of Sustainability at Roehampton University. She is the Green Party's Economic Spokesperson and was voted in as an MEP for SW England in May 2014.
'The EU US trade deal is a threat to democracy, but even MEPs don't know what's going on' Keith Taylor MEP, 11mar14, openDemocracy OurKingdom. "The Transatlantic trade deal will get rid of vital protections for people in Europe and allow corporations to sue parliaments for passing laws they don't like. Yet even the European Parliament barely knows what's being discussed behind closed doors."

38 Degrees has now joined in against TTIP. Here is their 4 minute video on TTIP: 'What is the Transatlantic Trade Investment Partnership?'
Please sign up to 38 Degrees constituency-level action against TTIP (leafleting etc) from end of August onwards: http://ttipaction.38degrees.org.uk

York University Canada has several specialists in trade law, FTAs and ISDS e.g.:
Professor Gus Van Harten of Osgoode Hall Law School, York University Canada - has expertise on ISDS and FTAs. e.g. his letter to PM Harper re FIPA.
IIAPP – INTERNATIONAL INVESTMENT ARBITRATION + PUBLIC POLICY a searchable database of investmenttreaty cases
http://www.iiapp.org/   The website is produced by researchers based at Osgoode Hall Law School of York University.
http://www.iiapp.org/treaties/ is interesting – types of treaties eg BITs FTAs NAFTA ECTs etc
Dr Peter A Victor Professor in Environmental Studies at York University, Canada talks re discusses low/no growth economics eg re resources refers to Dr Birol of Int. Energy Agency

Steven Shrybman (https://twitter.com/Shrybman) practices International Law as a Partner at Sack Goldblatt Mitchell LLP, Canada, & talks re FTAs, IPR (Intellectual Property Rights), globalization versus localization re climate change, restriction of local governance of resources such as water etc.

Stuart Trew, Trade Campaigner, The Council of Canadians. Campaigns re e.g. CETA & TPP. https://twitter.com/StuJT e.g. his 1nov13 article 'Why CETA could be a setback for European climate policy - A tar sands trade deal'

Joseph Stiglitz, Nobel prize-winning economist, said re 'Free Trade Agreements' such as TTIP/TAFTA: "Corporations everywhere may well agree that getting rid of regulations would be good for corporate profits. Trade negotiators might be persuaded that these trade agreements would be good for trade and corporate profits. But there would be some big losers -namely, the rest of us." (copied from www.citizen.org/TAFTA).

Glyn Moody @glynmoody on twitter - is worth following for his remarks, articles and reference links on TTIP. E.g. 'Even The German Government Wants Corporate Sovereignty Out Of TAFTA-TTIP' Glyn Moody, 17mar14, Techdirt.

David Martin MEP @davidmartinmep (on twitter) - Scotland's senior European MEP, former Vice-President of the European Parliament. Currently member of International Trade Committee. Edinburgh.  http://www.martinmep.com      This article he wrote is worth reading:  'It's David Cameron who's rolling over for big corporations in the EU-US trade deal' "The investor-state dispute settlement included in the proposed deal is a scandal – and it shouldn't be blamed on 'Brussels'David Martin 6nov13  Comment is free   theguardian.com NB: 'David Martin is Labour MEP for Scotland and a member of the European parliament's international trade committee'

Gus van Harten,

Robert Stumberg, Professor of Law, Georgetown University.

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MEDIA COVERAGE:

NB: the UK government is being suspiciously quiet about this matter of huge importance to everyone. So too is the BBC:
TV news: BBC NEWS - THE BBC IS NOT DOING ITS JOB - YouTube (8 mins, well worth watching, though just a small part on FTAs).

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Free Trade Agreements (FTAs):

ACTION by YOU:

PRIORITY ACTION: Please sign the 'Self-organised EUROPEAN CITIZENS' INITIATIVE (ECI) against TTIP and CETA' Sign the ECI! Stop TTIP  


PRIORITY ACTION
:  TTIP and CETA will liberalize trade and extraction of the worst fossil fuels, so increasing climate change.
    FoE makes it easy to urge your MEPs against this:   https://www.foe.co.uk/act/who-wouldnt-reject-toxic-trade-deal

Out-of-date former action: Please sign 38 Degrees petition: 'Vince Cable: Fix or scrap TTIP

ACTION [this action appears to be out-of-date now (?)]: Please sign up to 38 Degrees constituency-level action against TTIP (leafleting etc) from end of August 2014 onwards: http://ttipaction.38degrees.org.uk    #NoTTIP 


Westmorland & Lonsdale constituency: With 38 Degrees (and SL WDM) we started a 'STOP TTIP South Lakes' group and organized leafleting and events. I have now (October) started a web-page of resources especially for you and am transferring relevant ACTION ideas from here to there. Here's the link to get there:
STOP TTIP South Lakes web-page: www.dragonfly1.plus.com/STOP-TTIP-South-Lakes.html    Thus you can skip the rest of the section below if you wish (or return to this web-page here if you want to learn/do more).

      

LEAFLETING ACTION: Please read, download, print and distribute this pdf leaflet by 'STOP TTIP South Lakes'. It briefly summarizes TTIP and actions you can do. Please deliver to neighbouring houses along your street, to friends, relations...      The full url for the leaflet is: www.dragonfly1.plus.com/StopTTIPleafletBWHA.pdf

More ACTION: Please write to your MEPs: 38 Degrees provide you help to do this 

More ACTION: Please pass on this web-page address to your contacts: bit.ly/FTAthreats & the link to the template text to email your MP: bit.ly/FTAemailMP

This section is to help you have your say against the "Free Trade Agreement" type of trade legislation such as the TTIP and CETA, especially to help you push for removal of the most dangerous text, the worst being the Investor-to-State Dispute Settlement clause (ISDS). It is also essential to urge MPs, MEPs and our government to STOP the TTIP and CETA so that it can be opened up to full scrutiny immediately and its pro-corporate anti-people text removed, and replaced with a reassessment of how trade and investment should be carried out in a manner fitting all of our future needs in a resource-limited world with a changing climate.

See - www.noTTIP.org.uk

>>> To everyone & SLACCtt members: CLICK HERE for template text which you can copy, amend if you wish, and email to your MP. It provides a quick and easy emailing system.

To Westmorland and Lonsdale (Tim Farron MP) constituency residents: a new group called STOP TTIP South Lakeland has been formed started up by people responding to the new 38 Degrees campaign initiative for constituencies:
Please help our actions. This submission to the SLACCtt newsletter summarizes the actions and how you can help: www.bit.ly/StopTTIPactionSouthLakes (or try this link to same).

Please help by leafleting:
Leaflet by Dr Brian Woodward, Kendal, briefly summarizing TTIP and action you can do. It's a leaflet pdf I hope you will read, download, print and distribute (e.g. through letterboxes).

You could also help collect signatures for our petition to Tim Farron to urge Vince Cable for removal of the ISDS:
Download copy of petition sheet for Tim Farron: 
PETITIONtoTimFarron-removeISDS.pdf 
Then after collecting signatures, give sheet to me (Henry Adams) - see contact tel.no. at end of leaflet 01539 722158

Constituencies other than Westmorland and Lonsdale:      (if you want to copy what STOP TTIP South Lakes is doing in W&L in green text above)
Download copy of petition sheet for any MP:  PETITIONtoMP-removeISDS.pdf  



I am about to update the text below.


. . . . . . . . . . text below needs updating .....................

Other less quick methods:

(Some WDM members may prefer to use the WDM-written template to MPs linked to below; if so click here for text you can add to that.)

The page of template text linked to above now provides a quick and easy emailing system for you, or if you have the time, copy the text into your own emailer and find your MP as instructed there or below.

Copy the text to your clipboard and paste it in to your email software, or easier: paste it into one of the 'wizards' linked to below, provided by either 'writetothem' (>>) [a blank email], or WDM (>) [a part-written email], that will both find your MP's email address and email it for you:

>> MP contact info: Find out more about your MP here at www.theyworkforyou.com. If you do not have the names and email addresses of your MP, MEPs (or county or district councillors), the website www.writetothem.com provides their names if you type in your post code, and then a "wizard"-like facility to help you write and "post" your email(s). Or try http://findyourmp.parliament.uk for less info.
For Westmorland and Lonsdale constituents, Tim Farron's url is tim@timfarron.co.uk and his website: http://timfarron.co.uk/en/  (his forthcoming 'Advice Surgeries' web-page is useful).

> 'Stop the next corporate take-over' The template email WDM provides here is very generalized and to be more incisive you will need to add more specific wording urging (at least) the removal of the ISDS, backed by existing evidence of ISDS harm. CLICK HERE (if not already done above) for the text for you to copy and paste into the WDM template, and amend as you wish.

If you wish to write your own email text from scratch (it may give more impact):

NB: The most important and urgent action is to pressure your MPs, MEPs and government (e.g. Vince Cable, BIS) to strongly insist on the removal of the dangerous ISDS text from the FTAs under negotiation between the EU and USA (TTIP), and Canada (CETA), and also to halt the TTIP negotiations as they are going in the wrong direction (as summarized in www.bit.ly/FTAbriefTimFarron pdf) (add evidence of harm of ISDS e.g. from the previous pdf link or from DANGERS 2. above).  Please write to your MP and MEPs and visit them at their 'surgeries'. If you do the latter, I suggest you download and show the 5 minute video NO FRACKING WAY... using your laptop. That should have impact.

The removal of the ISDS mechanism is a key part of EDM 793 - please persuade your MP to sign up to it, and/or separately act against the ISDS: 
Early day motion 793 - TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - UK Parliament - tabled 26nov13, primary sponsor: Caroline Lucas. The green text is aimed at Tim Farron MP's constituents. Tim is reluctant to sign this now (in March); however he is beginning to realize the dangers of the ISDS are not just scares but are backed by evidence, so he eventually may review his position on this EDM (?). However the first step towards this is to convince him that the ISDS must be removed.

Also if you have time please emphasize to your MP and MEPs the need to ensure that regulations are not leveled down in the 'regulatory harmonization', but if anything leveled up. This especially concerns those designed to protect people and our environment (and wildlife), such as regarding climate, health and safety, human rights, employment rights, and any issues you are especially concerned with.

Furthermore, when new EU regulations are proposed they should not be allowed to be amended (most probably diluted, delayed or killed) by corporate interests, and especially not at an early stage prior to democratic processes and public scrutiny.


A new way to stop TTIP:   Launch [on 15july14]of European Citizens' Initiative on TTIP and CETA - War on Want, 21jul14.

MEPs: WDM and TJM have now made it very easy for you to write to all your MEP candidates (they face elections on 22nd May!):

Ask your MEP candidate to pledge to 'Take back the power: make trade work for people and planet' - WDM-TJM template email action to ask MEP candidates to protect democracy and public services from TTIP. A useful list of pledges for MEP candidates to sign up to, with removing ISDS as number one.   Twitter hashtag: #TakeBackThePower

The MEP elections are on Thursday 22nd May 2014: Now is your opportunity to question them and urge them to pledge to work for you. TJM (Trade Justice Movement) have produced an excellent briefing pdf to help campaigners to lobby their MEP candidates. South Lakes WDM group (with SLACC-tt) have organized a hustings in Kendal in which the public can question MEP candidates for NW England on such international social justice issues and climate issues (Monday 28 April, Shakespeare Centre, Kendal 7.30pm). Also I hear there is to be a hustings in Kendal by the Forward in Europe group (?). Why not set up a hustings in your area? The TJM pdf provides help.

The most important points to make to your MP and MEPs, in approximate order of priority:
  1. Remove ISDS text from both TTIP and CETA (the former is more urgent, the latter more important, but both are essential), and that they must pledge that the UK must not and will not agree to signing up to either agreements if the ISDS is still present. NB: Stress that there is ample existing evidence of existing examples of misuse of TTIP, and provide examples, e.g. from my section on ISDS here, and also (better still) by encouraging your MP to see the 5 minute video near the top of this web-page (NO FRACKING WAY | How the EU-US trade deal risks expanding fracking...): preferably download it onto your laptop or pad, and show it to him/her at his/her surgery.
  2. No 'levelling down' in the 'harmonization' of regulations, to a common minimum, especially of those regulations designed to protect us or our environment.  Leveling up cannot be presumed (as it is by some politicians, or used as an excuse for inaction), as the reverse is more likely, for these reasons:
    NB: impress on your MP: (i) that leveling down, de-regulation, or a watering down of regulations, is logically more likely than the reverse by default, as the aim of 'free trade' and investment is to reduce barriers to trade (and foreign investment), (ii) that it is inherently steered also by neo-liberal ideology which is a presumed mindset of both negotiating officials and corporate interests; furthermore, (iii) that it is also a central aim of corporate interests for increasing profits, and they are involved from an early stage in the creation of FTAs, and have enormous lobbying power, which is (iv) not counter-balanced by allowing an equivalent involvement by NGOs trying to protect our needs for leveling up of protective regulations (NGOs and our democratic interests are excluded).
    Unfortunately, though Tim Farron MP agreed that leveling up should take place - he's at present presuming it will happen anyhow as a presumed intention of the EU negotiators, and that's part of TTIP being a good thing. We will have to convince him with points (i) to (iv) that he can't make such presumptions, and remind him of the huge lobbying power of big corporations. Also, promises by EC negotiators can be traded away to US/corporate interests to get a deal (see 4. below).
  3. No U.S. (or other) corporate vetting of EU regulatory proposals, especially not at an early stage pre-democratic processes:
    U.S. corporate interests should not be given the power to affect proposed EU regulatory improvements at such an early stage as pushed for by US in the TTIP, i.e. before even the democratic process of scrutiny and voting by MEPs takes place.  Such corporate interests should be kept out of the process altogether, or confined to comments easily readable by both public and negotiators on an open website. (
    An article in FT by Shawn Donnan states "The US is using transatlantic trade negotiations to push for a fundamental change in the way business regulations are drafted in the EU to allow business groups greater input earlier in the process." - we cannot allow this. Imagine Chevron vetting EU climate regs! ["Chevron is an official advisor to the U.S. trade representative" writes Pia Eberhardt of C.O.E.]).
  4. No trading away of EU climate legislation etc to US demands during the negotiations: Urge MEPs, and UK government via MPs, to reverse the E.C.'s decision, under pressure from the US and its oil interests in relation to the TTIP, to truncate the climate legislation within EU's Fuel Quality Directive from continuing beyond 2020 (it has yet to be implemented due to lobbying by the tar sands industry and its mouthpiece the Conservative Harper government of Canada). [evidence: see section below on the effect of TTIP and CETA on climate change legislation and on our democratic potential to influence fracking, tar sands and other polluting/carbon-emitting/destructive unconventional extractive methods for fossil fuels].
  5. Ensure that a higher legal superiority is given to protecting climate, environment, health and safety, human rights, indigenous rights, employment rights, local food sovereignty etc than to corporate profits. This is why civil society representation should have been integral from the start to steer for this (TJM).
  6. The Precautionary Principle (part of EU policy) should be written in to any trade agreement - and given top weighting. The EU wants this in, but not so the US corporations represented by the US negotiators. We need to ensure it isn't traded away or diluted by the EC as a "bargaining chip" or concession in the negotiations.
  7. Adequate Parliamentary, media and public scrutiny of at least all the threatening aspects, especially the ISDS. 2014 update: TTIP debated in HoC on 25feb14: good contribution by Zac Goldsmith. 6mar14: Lords Select Committee on TTIP interviewed Pia Eberhardt of Corporate Europe Observatory on the dangers of TTIP. So a start on parliamentary scrutiny, but still no tv/radio media coverage to enable a start on public scrutiny, nor adequate release by E.C. of text negotiated nor who wrote what.
    N.B. as TJM point out - civil society representation should have been part of the trade agreement formulation right from the start (rather than the big corporate interests), so that trade policy and agreements can be prioritized for the benefit of people not profits. < insist this!
  8. There are many other more specific FTA issues that need tackling, such as those listed in the section above on the negative aspects of FTAs. These include: increased and irreversible privatization of public services such as the NHS, the over-application of Intellectual Property Rights and control over the internet, rules favouring corporate control over farming and food, i.e. to benefit agribusinesses such as Monsanto and their desire to force GM and pesticides on us.
  9. Other useful points are listed in this WDM-TJM action: 'Take back the power: make trade work for people and planet'.

Strengthening points, especially if you have an MP (or MEP) who is Tory, or LibDem and currently supporting the pro-TTIP LibDem Party line (summarized below):

  1. There is already ample evidence from existing free trade and investment agreements that the threats within the TTIP and CETA, especially the ISDS, are very real, and much more real than the speculative, possibly exaggerated(?) "benefits" of £billions (to who? - those with shares in multi-nationals?) and jobs (where? - where-ever pay and conditions are lowest?). Evidence of such use of the ISDS mechanism includes examples of corporations suing governments for restricting them from mining, fracking, advertising cigarettes etc. The Democracy Center summarizes some on pp.10-11 of its very useful report: Unfair, Unsustainable, and Under the Radar - How Corporations Use Global Investment Rules to Undermine a Sustainable Future, (and examples are also in my section on ISDS). You could request your MP reads, assesses, and hopefully acts on this evidence (provide reference/link). I hope to add examples to my draft/template text for you soon to make it easier for you.
  2. The claims of financial benefits are speculative and inflated, and have been criticized as such (see 'Any benefits?' section clickable from CONTENTS for refs, and also re refs for 3.:). Also, you could point out that benefits are more likely to be to the wealthy, such as extra dividends to shareholders in multinational corporations, not divided equally amongst householders as suggested by pro-TTIP propaganda.
  3. The jobs claims likewise: Refer to evidence that jobs shifted out of the US as a result of the North American FTA (NAFTA): TTIP was debated in Parliament on 25feb14: do read good contribution by Zac Goldsmith MP in Hansard, which provides evidence (from the now 20 year old North American FTA) against the dodgy good-for-jobs claims by pro-TTIP politicians. Tim Farron's agreed to read it but doesn't appear to have done so yet (?).
Unfortunately  the LibDems have formed a briefing document that blinkeredly promotes the TTIP by regurgitating 1-sided neoliberal propaganda that focuses primarily on money-making/growth/GDP (then on "jobs"), to the exclusion of other relevant aspects of great importance such as sovereignty, democracy, environment, climate change etc. Nonetheless several LibDem MPs have signed EDM 793. Should the LibDem Party be more descriptively now be re-named as the Neoliberal Party? I hope it doesn't turn to this. So if your MP is LibDem, please read the following paragraphs and write to him/her (&/or visit at MP surgery).

Correspondence between Brian Woodward and Tim Farron MP re the TTIP (pdf)
  shows that Tim Farron was in February 2014 supporting the LibDem Party line with very little critical assessment of it. Includes Brian's excellent critical assessment of the TTIP and LibDem's promotion of it.
We need to persuade Tim to take heed of our views. This is too important a matter for Party tribalism. The following is more up to date wrt Tim Farron's current views:

Correspondence and meetings between Henry Adams and Tim Farron MP (pdf)    <<<   NB: Now updated to 29th March 2014
SLACC-TT members especially: Though my 28feb14 meeting with Tim Farron appeared to be promising, with Tim instructing his assistants to research into at least points 1 and 2 above, on my subsequent meeting with him on 21st March it was apparent to me that he had not read up about the ISDS mechanism (i.e. re point 1.) nor understood the reasons why there is a default net pressure in the negotiations towards leveling down, not up, of the regulations which we have to counter (2.). He even assumes leveling-up is the default steer, despite admitting having not read-up on the subject of TTIP, in which case a "neutral" a priori viewpoint should be 50:50. Please write to Tim urging him to read up on the subject, especially my points 1. to 3., and to make a strong public stand against the ISDS. I hope you will find my correspondence helpful in writing an email to Tim.
NB: 28th March sequel: I showed Tim the 5 minute video on the ISDS and fracking (NO FRACKING WAY | How the EU-US trade deal risks expanding fracking...): this was a "game-changer" and obviously very much engaged his attention. Spring/early summer: Tim has written a strong letter to Vince Cable re TTIP and ISDS including some of my writings on their threat to our future ability to tackle climate change through democratic processes.
Government responded with a pro-TTIP "reassurance letter".
I then wrote a rebuttal demolishing some of his claims (especially his weak and incorrect text re climate change impacts):

Here I write a detailed rebuttal of Ken Clarke's pro-TTIP "reassurance" letter to Tim Farron MP (pdf), July 2014. Shortened link: www.bit.ly/FTAhenryKC  <<<
Letter re TTIP, CETA, ISDS, by Brian Woodward (main author) to represent views of South Lakeland WDM: SL-WDM-letter-TTIP-CETA-ISDS.pdf

Quick and easy things you can do right now - sign these petitions:

Please sign: 'Stop TTIP' - SumOfUs 'Don't increase the power big corporations have over European governments – refuse to include "investor-state dispute settlement" in the TTIP trade deal."'

Please sign: 'Stop the TPP and TTIP' - SumOfUs petition.

Please sign: 'Stop the EU-US free trade agreement' - Avaaz COMMUNITY Petitions.

Please sign: 'Say no to corporate power grabs - reject the Trans-Pacific Partnership'  350_org Campaigns.

Please sign: 'Before Monsanto uncorks the champagne' - Avaaz.  Note: 'Avaaz TPP petition sabotaged?' Oliver Tickell, 6dec13 - The Ecologist

Please sign: 'Protect Costa Rica's rainforests: tell Infinito Gold to drop the $1b lawsuit' - SumOfUs

Please sign: 'If we want to ban fracking, we need to stop this secret trade deal' "Stop the TPP" CREDO Action

On facebook: ✋ STOP the TPP Petitions! ✋ Sign & Share! ✋ TPP, TAFTA, TTIP. Top Secret Trade Deals. 20jul13, updated 2dec13.
This Fb page lists petitions and ref-links - mostly re TPP, partly re TTIP.

And if you are keen to organise a "stunt" to raise public awareness - have a look at what the Brighton & Hove WDM group did: http://wdm.org.uk/blog/ttip-tafta-sellout-our-democracy  I hope you will be inspired to do something similar.

In 2013 I was working towards writing a petition to go on 38 Degrees website for the ISDS to be removed from the TTIP and CETA. But unfortunately my Hard Disc Drive failed and I lost use of it and my computer. This has considerably delayed my work on this and other projects.  Feb.2014 update: I now have a good computer but yet to resume work on petition idea.

Where do are Parties stand re TTIP and ISDS?

38 Degrees asked them to write statements: 'WHERE UK POLITICAL PARTIES STAND ON ISSUES IMPORTANT TO 38 DEGREES

MAY 21ST, 2014 BY RACHEL OLIVER' Issue 1 is "How will MEPs from your party go about stopping the NHS, our welfare and the environment from being threatened by global trade agreements like the Trans-Atlantic Trade and Investment Partnership (TTIP)?"
The Green Party response is brief there, but links to its manifesto: see page 9.
The Green Party is the only major party pushing for a stop to TTIP and the removal of the ISDS.
The Labour Party appears to be for the TTIP with some exceptions - for instance they want the NHS removed from being affected by the TTIP. The newly elected Labour MEP for NW England is against TTIP and ISDS as she is very keen on communities having more democratic power - i.e. true localism.
The LibDems and Conservatives are acting as coalition partners in support of the TTIP.
Tim Farron (LibDem President) has so far issued pro-TTIP coalition government propaganda to his constituents and told me he is for "free trade" (though has not yet made clear whether what he likes about "free trade" is the same as what the trans-national corporations, nor as to whether he ranks the principles of free trade higher than action against climate change - as they are incompatible in the TTIP, CETA and ISDS. He has not yet come out against the ISDS despite my numerous briefings to him on this. Although he has expressed to me some concerns on the ISDS, nonetheless they are clearly not strong enough for him to actually do anything effective about them, as yet...

NB: see which MEP candidates have signed up here: http://politicsforpeople.eu/en/

Previous actions by deadlines that have now passed

URGENT ACTION via 38 Degrees: by this Sunday (13jul14): 'Tell TTIP negotiators not to let corporations sue governments'.

This week is No TTIP National Tour with Saturday 12july14 as TTIP day of action and see #noTTIP Day of Action - www.nottip.org.uk



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Previous news items removed from top of this web-page to replace with more recent items:

8jul14 newsflash: 'UK anti-TTIP protests to focus on NHS privatisation'.

July 2014: This week is No TTIP National Tour with Saturday 12july14 as TTIP day of action and see #noTTIP Day of Action
 - www.nottip.org.uk      and on facebook

URGENT ACTION
 via 38 Degrees: by this Sunday (13jul14): 'Tell TTIP negotiators not to let corporations sue governments
'.  More action: go to ACTION by YOU section.


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Recent must-read articles:        (scroll down for more references, click here to jump back up to CONTENTS near top)

'What does the biggest free trade deal in history mean for the environment?' The Guardian ECO AUDIT of 14mar14, with Karl Mathieson collating comments and ending with his verdict.
'Give and take in the EU-US trade deal? Sure. We give, the corporations take' George Monbiot, 11mar14, The Guardian.
And on 13mar14 Monbiot shreds tobacco-industry-supporting Tory Ken Clarke's response with these comments: 1. LSE ripped apart claims of boost to UK economy, & regs will be reduced, 2. ISDS unnecessary & evidence exists of its dangers,  3. transparency needed, especially of corporate text, 4. scrutiny required & adequate time for democratic process to tackle the devils in the detail and vote on them. LSE REF.
'Rough trade: the new corporate power grab' Nick Dearden (WDM) in Red Pepper. This puts TTIP and other FTAs and the WTO etc into the wider context of increasing corporate gains in global power, and provides alternatives.

'No rubber stamp for the TTIP!' Zac Goldsmith MP in The Ecologist - 27feb14 from a Hansard transcript of his speech in Parliament on 25feb14.
'Q&A: What does the trans-Atlantic trade deal mean for energy?' [and climate change legislation such as EU's Fuel Quality Directive] 19feb14 Christine Ottery at EnergyDesk, Greenpeace UK. This has useful references.
'TTIP-TAFTA  The sellout of our democracy' Susanne Schuster (Brighton and Hove WDM group), World Development Movement, 16dec13 , and 'EU-US trade deal ‘nothing to do with jobs’' Miriam Ross, 19feb14, WDM.
'The lies behind this transatlantic trade deal' "Plans to create an EU-US single market will allow corporations to sue governments using secretive panels, bypassing courts and parliaments" George Monbiot 2dec13 The Guardian.
'The Secret Trade Agreement About to Complete the Corporate Takeover of Democracy' - Scriptonite Daily, 2dec13.
'More than 100 organizations sign transatlantic statement opposing dangerous investor “rights” chapter in CETA' 25nov13. Links to:
'Stop the Corporate Giveaway! A transatlantic plea for sanity in the EU–Canada CETA negotiations' pdf

^^^ recent 'must read' articles ^^^

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REFERENCE LINKS          (mostly in reverse chronological order)

NB: summer 2014 - the frequency of articles appearing on TTIP has increased so much (that's good!) that it's now hard for me to post all of them here. Thus I suggest: also do a twitter-search for tweets under #TTIP #NoTTIP  #ISDS #TPP #CETA for links to recent articles and comments.

21jul14 a new way to stop TTIP: Launch [on 15july14]of European Citizens' Initiative on TTIP and CETA - War on Want, 21jul14.

23may14 'TTIP serves the major corporations' "The TTIP trade agreement between the US and the EU is continuing to cause a major row in Europe. Economist Christoph Scherrer tells DW that the corporations' right to file lawsuits will be particularly problematic."  World   DW.DE
23may14 'EU-US trade deal labelled an ‘attack on democracy’' - Blue and Green Tomorrow.
22may14 'Call this democracy' - Nick Dearden, World Development Movement. "... So to demonstrate the extent of opposition, this week we joined with 120 organisations from across Europe to form a coalition committed to fighting against TTIP. Today, we’re also calling a day of action on 12 July, with a number of other organisations, to begin to show the strength of feeling on TTIP all around the UK. It will be the beginning of an intensive campaign to stop TTIP in its tracks. ..."
21may14 '120 groups demand  'ditch the TTIP EU-US trade deal'' - The Ecologist.
21may14 'TTIP  Opponents Attack Negotiations as Undemocratic and Lacking Transparency' by Finbarr Bermingham in IBT - International Business Times. "In a joint statement issued today,"" a group of 120 European NGOs,"" which include Greenpeace, Unison, World Development Movement and War on Want, demanded that "the EU Commission's negotiation texts as well as all negotiation documents must be made public to allow for an open and critical public debate on the TTIP"....".
19may14 'De Gucht, NGOs, trade accusations after anti-TTIP protestors 'kettled' by police'   EurActiv



16apr14 TTIP: 'Commission’s weak reforms of EU-US trade deal could unleash a corporate litigation boom' - Corporate Europe Observatory press release for this briefing:
16apr14 TTIP: 'Still not loving ISDS: 10 reasons to oppose investors’ super-rights in EU trade deals' - Corporate Europe Observatory. Essential reading, especially if you are trying to counter UK government/Conservative/LibDem false "assurances" that the ISDS in the TTIP is benign.
17mar14 TTIP:
'Even The German Government Wants Corporate Sovereignty Out Of TAFTA-TTIP' Glyn Moody, 17mar14, Techdirt.
27mar14 CETA: 'EU publishes CETA investment text, launches consultations; Council of Canadians demands same from Canada'   The Council of Canadians.
27mar14 TTIP: 'Campaigners slam Commission’s mock consultation on investor rights in EU-US trade deal' - Corporate Europe Observatory.14mar14 TTIP: 'What does the biggest free trade deal in history mean for the environment?' The Guardian ECO AUDIT of 14mar14, with Karl Mathieson collating comments and ending with his verdict.
c.27mar14 TTIP (/CETA): European Commission's "consultation"on TTIP/ISDS (3 months long):
http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=ISDS
http://trade.ec.europa.eu/doclib/docs/2014/march/tradoc_152280.pdf#Question2 see pages 18 onwards for CETA info 
http://trade.ec.europa.eu/consultations/index.cfm?consul_id=179
http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151916.pdf
http://trade.ec.europa.eu/doclib/press/index.cfm?id=1052 
11mar14 TTIP: 'EU-US trade deal Big Energy’s backdoor plan to expand fracking' vg summary by Pia Eberhardt of C.O.E. on WDM website. Or try this link if that one fails.
11mar14 TTIP: 'Give and take in the EU-US trade deal? Sure. We give, the corporations take' George Monbiot, Comment is free, The Guardian.
And on 13mar14 Monbiot shreds tobacco-industry-supporting Tory Ken Clarke's response with these comments: 1. LSE ripped apart claims of boost to UK economy, & regs will be reduced, 2. ISDS unnecessary & evidence exists of its dangers,  3. transparency needed, especially of corporate text, 4. scrutiny required & adequate time for democratic process to tackle the devils in the detail and vote on them. LSE REF.
11mar14 TTIP: 'Green party leaks confidential TTIP paper' EurActiv
"On Friday (7 March), high-ranking German MEPs from the European Greens leaked a confidential document from the Council of Ministers regarding the ongoing TTIP negotiations. "TTIP threatens to take away democracy's means for social and environmental management of the internal market, ..."".
10mar14 TTIP: 'Leaked memo: now Libdems are running scared of the Greens' - News - The Ecologist'
10mar14 TTIP: 'Big business and the worldwide assault on democracy' Nick Dearden of WDM in 'Comment' in politics.co.uk. A very powerfully written criticism of the TTIP.
10mar14 TTIP: 'Drop trade talks' War on Want: "Read our joint letter on TTIP trade negotiations in The Times today: 'There is little evidence to support claims that the TTIP agreement would in fact boost growth and employment'."
10mar14 TTIP: 'What does the TTIP really mean for workers' Clare Speak @ClareSpeak - Equal Times. Refers e.g. to War On Want's assessment re impact of NAFTA on jobs.
10mar14 TTIP: 'Report: Investor-state lawsuits worth €1.7 billion rage across Europe'  EurActiv - re new report by Corporate Europe Observatory:
10mar14 TTIP: 'Profiting from crisis - How corporations and lawyers are scavenging profits from Europe’s crisis countries' Corporate Europe Observatory. This has significant implications on what is likely to increase if the TTIP is implemented with its ISDS mechanism still in place.
10mar14 TTIP:
'Leaked TTIP Documents Expose Chemical Industry’s Toxic Agenda' John Deike, EcoWatch.
7mar14 TTIP: 
'New report slams EU-US trade deal as talks resume in Brussels' Keith Taylor MEP (Green Party MEP for SE England) - "Keith slams ‘deregulation charter’ as trade talks resume". Links to: 'From your dinner plate to your pay packet - How the EU-US Trade deal could change life in the UK' Keith Taylor MEP & Jean Lambert MEP.
6mar14 TTIP: 'Corporate Europe Observatory questioned on proposed EU-US trade deal' - by Lords Select Committee - News from Parliament - UK Parliament. Also on video: Meeting on Transatlantic Trade and Investment Partnership started at 10.06am. Ended at 11.13am. Witness: Pia Eberhardt, Corporate Europe Observatory -  via video-conference.
6mar14 TTIP:
'Report Exposes How the TTIP Could Expand Fracking in U.S. and Europe' Brandon Baker, EcoWatch. Refers to:
6mar14 TTIP: 'No fracking way: how the EU-US trade agreement risks expanding fracking' (pdf download) -
by Friends of the Earth Europe, the Sierra Club, Corporate Europe Observatory and others.
1mar14 TTIP: 'TTIP threatens to “blow apart the power of our democratic decision making”'
Natalie Bennett, Green Party Leader, speaking at GP Spring Conference.
Feb2014 TTIP: 'Rough trade: the new corporate power grab' Nick Dearden (WDM) in Red Pepper.
27feb14 TTIP & TPP: 'We cannot afford to stand on the sidelines of trade' Joe Biden, U.S. Vice-President, gives his opinion in FT.com. Nick Dearden (WDM) tweets: #TTIP, #TPP are about US power: 'Deploying soldiers is essential. But no substitute for robust economic engagement.' I quote Biden: "deals we are negotiating ...
include unprecedented steps to protect labour standards, the environment and intellectual property, as well as new commitments against favouritism for state-owned enterprises. They require nations that might otherwise try to undercut us to match our high standards instead." <- this so misrepresents the reality, when you consider e.g. the lack of regulations in USA for pollution from fracking, or the excessive flaring in the N. Dakota Bakken shale oil fields, both due to the capture of the US government by big biz such as the oil and gas industry. Big Biz ensures that environmental protection (and labour) standards in the USA are as low as possible.
27feb14 TTIP & CETA:
'TTIP ‘challenged’ by environmental critics, EU says'  EurActiv.
27feb14 'No rubber stamp for the TTIP!' Zac Goldsmith MP in The Ecologist - 27feb14 from a Hansard transcript of his speech in Parliament on 25feb14.
25feb14 TTIP debated in HoC on 25feb14: do read good contribution by Zac Goldsmith MP in Hansard.

23feb14 TTIP: 'US pushes for greater transparency in EU business regulation' Shawn Donnan in FT. First paragraph is worrying: "
The US is using transatlantic trade negotiations to push for a fundamental change in the way business regulations are drafted in the EU to allow business groups greater input earlier in the process."
22jan14 TTIP: 'Free trade: EU frets over US investment talks' BBC Europe News.
21jan14 TTIP: 'Investor dispute mechanism Trojan horse must be excluded from TTIP'   The Greens - European Free Alliance in the European Parliament.
20jan14 TTIP: 'Sovereignty fears lead to EU-US trade rethink' Oliver wright, The Independent.
19feb14 TTIP:
'Q&A: What does the trans-Atlantic trade deal mean for energy?' [and climate change legislation such as EU's Fuel Quality Directive] Christine Ottery at EnergyDesk, Greenpeace UK.
17feb14 TTIP: 'What are you hiding? The opacity of the EU-US trade talks' Corporate Europe Observatory.
?feb2004 TTIP: 'Free Trade Is Not So Free After All'  IDN - InDepthNews  Analysis That Matters.
22jan14 TTIP ISDS:
'Brussels wants to hear more on TTIP investor-state dispute clause' EurActiv. I quote: '“The investor-state dispute settlement mechanism (ISDS) is a massive Trojan horse, which could be used by multinational corporations to whittle away EU standards and regulations across a range of policies from the environment to food safety to social protection,” said MEP Yannick Jadot, the Greens’ trade spokesperson in the European Parliament.'
17jan14 TPP: 'Leaked Trans-Pacific Partnership Document Reveals Failed Enforcement of Environmental Protections'  Occupy.com, by
by Kevin Zeese and Margaret Flowers.
16jan14 'The City, the banks and the EU – all in it together' Tom Lines -- New Internationalist - re e.g. the Council of the International Regulatory Strategy Group (IRSG), TTIP, ISDS, GM crops/food. 
16jan14 'Lords look at lessons learnt from recent trade agreement' - News from Parliament - UK Parliament.
15jan14 TTIP: 'Osborne’s bid to end democracy by the back door' Mike Sivier,  Vox Political
15jan14 TPP: ''Toothless' environment protections in secretive global trade pact TPP leaked all over the web' • The Register, by Richard Chirgwin.
13&15jan14 TTIP: 'TTIP puts the EU's environmental and social policies on the line'   EurActiv.

20dec13 '10,000 protest in Brussels against TTIP, austerity'  The Council of Canadians
20dec13 TTIP: 'EU-US trade talks  What public safeguards are being traded away'  "
Friends of the Earth calls for end to secrecy surrounding talks" Friends of the Earth Europe.
17dec13 TTIP - Briefing for Parliament: 'The Transatlantic Trade and Investment Partnership (TTIP)' by Gavin Thompson - Commons Library Standard Note - UK Parliament (amended 17dec13, published 8nov13). Also see US-EU HLWG press release document (download): 'High Level Working Group on Jobs and Growth, February 11 2013'.
16dec13 'TTIP-TAFTA  The sellout of our democracy' World Development Movement (by Susanne Schuster from the Brighton and Hove WDM group).
c.1or2dec13 'Profiting from people and planet' (pdf) WDM Campaign briefing on Trade Agreements including e.g. TTIP, TPP, TISA, written just prior to the 3-6dec13 WTO trade talks which came to an agreement.

10dec13 'WTO in Bali  Anyone Would Think 400ppm Had Never Happened'   Ruth Bergan, Co-ordinator of the Trade Justice Movement, in HuffPost.

10dec13 TPP: 'US-led Pacific trade zone talks end without deal' - The Guardian.

10dec13 TPP: 'Trans-Pacific Partnership: a guide to the most contentious issues' Gabrielle Chan - The Guardian. Covers issues in sections: 1. Intellectual property, 2. Investment, 3. E-commerce, 4. Medicines and health, 5. Environment, 6. Financial regulation, 7. Labour rights, 8. Tobacco control, 9.Agriculture.
7dec13 TPP: 'Monsanto, the TPP and global food dominance' Ellen Brown - The Ecologist.

6dec13 TPP: 'Avaaz TPP petition sabotaged?' - Oliver Tickell - The Ecologist
.

3dec13 'NGOs fear TTIP clauses will affect EU chemicals regulation' EurActiv CETA, TTIP, ISDS, REACH "Alarm bells have rung for campaigners since last May when it emerged that a ‘fair and equitable treatment’ clause had been inserted into a draft of the Canada-EU Trade Agreement (CETA), outlawing any “breach of legitimate expectations of investors”." "‘fair and equitable treatment’" inserted into CETA allows corporations to sue re almost any policy or reg they don't like  “A ban on a chemical found to be harmful to public health could be considered a violation of this provision.”  "The EU’s wide-ranging REACH regulation, which provides the world’s most comprehensive health and environmental regulation of chemical substances, is already in the crosshairs of US industry.  "  It's insane that what is being signed up to in CETA has not been published or avialable to the public, yet has been secretly negotiated by big corporate interests. "Regulation-chilling suits In the US, the use of such clauses in the North American Free Trade Agreement (NAFTA) has led to regulation-chilling suits, such as one $250-million (€191-million) lawsuit challenging a shale drilling moratorium in Quebec."

2dec13 'The lies behind this transatlantic trade deal' "Plans to create an EU-US single market will allow corporations to sue governments using secretive panels, bypassing courts and parliaments" George Monbiot The Guardian << a "must read" And see his 4nov13 article below.

'The Secret Trade Agreement About to Complete the Corporate Takeover of Democracy' - Scriptonite Daily, 2dec13.

'How the EU is making NHS privatisation permanent' Benedict Cooper 2dec13 New Statesman "The Transatlantic Trade and Investment Partnership gives the coalition's health reforms international legal backing"

2dec13 'The corporation invasion - Government by big business goes supranational' - Lori M Wallach - Le Monde diplomatique - English edition - describes the insidious aspects of the ISDS and examples, and corporate desires re a number of different topics.

EDM: Early day motion 793 - TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - UK Parliament - tabled 26nov13, primary sponsor: Caroline Lucas.

CETA (& TTIP) re ISDS: 'More than 100 organizations sign transatlantic statement opposing dangerous investor “rights” chapter in CETA' 25nov13 - TNI Trans-national Institute re Trade & Investment - part of the Economic Justice programme. <<<< NB well worth reading >>>> Links to:
NB: a "must read": 'Stop the Corporate Giveaway! A transatlantic plea for sanity in the EU–Canada CETA negotiations' pdf

TTIP: Tweet by GeorgeMonbiot ‏@GeorgeMonbiot  In a leaked document, European Commission spells out how it plans to lie to us about the transatlantic trade deal:

Leaked European Commission PR strategy: "Communicating on TTIP" - 25nov13 - Corporate Europe Observatory  
GeorgeMonbiot ‏@GeorgeMonbiot Whenever you see the EC's planned lies about #TTIP, please pull out this article: http://www.theguardian.com/commentisfree/2013/nov/04/us-trade-deal-full-frontal-assault-on-democracy …

Thomas Mc Donagh 2013, The Democracy CenterUnfair, Unsustainable, and Under the Radar - How Corporations Use Global Investment Rules to Undermine a Sustainable Future’ (pdf)  www.democracyctr.org      web-page that links to the pdf. A good read, and very useful resource.

16nov13 'Charlotte McDonald-Gibson: 'Good for business or bad for democracy? The new US-EU free-trade talks are raising concerns' - Business Comment - Business - The Independent.

15nov13 Marietje Schaake, ALDE on the ISDS: 'Does pursuing investment protection in TTIP signal more transatlantic mistrust?' 15nov13  ALDE is the Alliance of Liberals and Democrats for Europe.

15nov13 FoE Statement on Brussels round of TTIP negotations 15nov13 www.foe.org  "Michelle Chan, economic policy director for Friends of the Earth U.S., has this to say about the negotiations: “A TTIP investment chapter would be a corporate power tool. It would allow Chevron and other energy giants to sue governments if environmental or other regulations interfere with their expected future profits by, for example, restricting oil and gas drilling, imposing pollution controls, or limiting the use of hydraulic fracturing. This would freeze in place our current dependence on fossil fuels, and result in climate disaster.”"          To which I add: Thus Halliburton - which has held meeting(s) with Celtique Energie re possible sub-contracting deals for fracking in Sussex, could sue the UK as our regulations are unlikely to be as loose as the US regulations (such as the "Halliburton loophole" that allows frackers to pollute).

TTP - Trans-Pacific Partnership: The ISDS threat applies to other FTAs too: 'When trade agreements threaten sovereignty: Australia beware' - Ruth Townsend, Lecturer health law, ethics, human rights, at Australian National University. Refers to e.g. Phillip Morris tobacco case and the chilling effect of ISDS. Includes very useful quote by a tribunal judge.
Please read and sign this in solidarity: We still have time to kill the Trans-Pacific Partnership!
'A Corporate Coup in Disguise' - Alternet
 "The Trans-Pacific Partnership would create a virtually permanent corporate rule over the people" - Jim Hightower, 1oct13.
TPP is NAFTA on steroids - Ea O Ka Aina - ISLAND BREATH - blogspot for www.IslandBreath.org - via 24nov13 tweet by Cecalli Helper @Cecalli_Helper of Nicaragua.
'Strangling Democracy: How the TTP extends the tentacles of corporate power' - Thomas McDonagh 26nov13 The Democracy Center

11nov13 letter (pdf) re TTIP/TAFTA to Obama, Barroso, Van Rompuy which has many signatories of NGOs etc from both sides of the Atlantic.

NB: 11nov13 A brief "must read" for everyone: how ISDS will affect all of us: 'Why Trade Deals are Privatising Government' - Ruth Bergan (Trade Justice Movement).

NB: 'EU-US trade talks threaten citizens, environment and democracy' - Friends of the Earth Europe 15nov13 Magda Stoczkiewicz, director of Friends of the Earth Europe said: "... "It is unbelievable that the EU and US are discussing plans to allow companies to sue governments if they see their profits affected by a democratically agreed decision. It is no exaggeration to say that this is a direct attack on democracy. ..."  NB: Well worth reading the full article. Also see articles it links to to the right.

6nov13 'It's David Cameron who's rolling over for big corporations in the EU-US trade deal' "The investor-state dispute settlement included in the proposed deal is a scandal – and it shouldn't be blamed on 'Brussels'David Martin   Comment is free   theguardian.com NB: 'David Martin is Labour MEP for Scotland and a member of the European parliament's international trade committee'

NB: 4nov13 'This transatlantic trade deal is a full-frontal assault on democracy' 'Brussels has kept quiet about a treaty that would let rapacious companies subvert our laws, rights and national sovereignty' George Monbiot 4nov13  Comment is free  The Guardian. Here George Monbiot gives examples of the dangerous payload of the FTA Trojan Horse in its destructive action mode.

George Monbiot here amongst other things describes the dangers of the EU-USA FTA under negotiation: the 
 Transatlantic Trade and Investment Partnership (TTIP). “The European commission calls it "the biggest trade deal in the world".” Big multinational corporations want to remove differences between EU and US regulations then co-rewrite them to suit their own interests - a “direct assault on sovereignty and democracy”:  
From Obamacare to trade, superversion not subversion is the new and very real threat to the state’ George Monbiot 14oct13  Comment is free   The Guardian.

CETA: 1nov13 'Why CETA could be a setback for European climate policy - A tar sands trade deal' - Guest blog: Stuart Trew, trade campaigner, The Council of Canadians, in Ethical Consumer, 1nov13. Also re the EU's Fuel Quality Directive (#FQD).

A “must read”:    An increasingly tragic example of FTA’s going badly wrong - in Colombia:
Colombian protests show cracks in disastrous economic model’ -  War on Want  - via Brian Woodward of SL WDM. - thanks Brian for that.
In association with recent FTAs with USA then EU, the Columbian government is trying to force on its peasant farmers regulations which favour huge agri-businesses such as Monsanto, which is understandably causing unrest.


A Canadian mining company Infinito Gold, is suing Costa Rica using an investor-state arbitration mechanism, for loss of potential profits in being stopped from turning the rainforest into a polluting open-cast mine. The investor-state clause in this case is part of a Bilateral Investment Treaty (BIT), the mechanism is essentially the same as in typical FTAs/BITs, in giving a tribunal the over-riding decision above local democracy, sovereign law and sovereign policy, even when the latter aims to protect environment and human health. The clause is designed to put corporate profits first. Details:
4oct13 'Calgary-based mining company suing Costa Rica for more than $1 billion' Jeremy Hunka 4oct13 Globalnews.ca
A longer more detailed account: 'All that glitters' - Tyler Hamilton 3oct13, Corporate Knights
Please sign petition: Protect Costa Rica's rainforests: tell Infinito Gold to drop the $1b lawsuit - SumOfUs
4oct13 'Canadian miner will sue Costa Rica for $1bn' Ana Komnenic  MINING.com
4oct13 'Calgary-based mining company suing Costa Rica for more than $1 billion'   Globalnews.ca
dec13 'Costa Rica faces billion-dollar lawsuit to protect rainforest' Wildlife Extra News

TTIP: 'Busting the myths of transparency around the EU-US trade deal   Corporate Europe Observatory 25sep13

The undemocratic assault from a global trade agenda is bearing poisonous fruit in the form of EU trade and procurement law argues Linda Kaucher. Chartist - on EU trade law sep2013

IIAPP – INTERNATIONAL INVESTMENT ARBITRATION + PUBLIC POLICY a searchable database of investment treaty cases
http://www.iiapp.org/   The website is produced by researchers based at Osgoode Hall Law School of York University. The link tweeted to me by cupeceta Interesting examples: http://www.iiapp.org/media/cases_pdfs/Glamis_Gold_v_United_States.rev.pdf outcome good in my opinion.

http://www.iiapp.org/treaties/ is interesting – types of treaties eg BITs FTAs NAFTA ECTs etc

VG example of bad outcome re environment: http://www.iiapp.org/media/cases_pdfs/Vattenfall_v_Germany.rev2.pdf. It also raises questions about the impact of investment arbitration on the ability of governments to adopt or alter environmental measures, especially following elections. Here, previously-agreed environmental requirements for the power plant were withdrawn, and the disputed permit was issued,

 SYSTEM CHANGE!NOT CLIMATE CHANGE systemchange.ca   Economy Naomi Klein, Steven Shrybman,  Dr Peter A Victor, Andrea Peart talk re diff aspects of our system that drive climate change: http://systemchange.ca/?cat=8   Steven Shrybman Practices International Law as a Partner at Sack Goldblatt Mitchell LLP & talks re FTAs, IPR (Intellectual Property Rights), Globalization vs localization re climate change, restriction of local governance of resources such as water etc, Dr Peter A Victor Professor in Environmental Studies at York University, Canada talks re discusses low/no growth economics eg re resources refers to Dr Birol of Int. Energy Agency

Legal weapon gives corporations the edge on governments   Law   guardian.co.uk 4nov11 re Investor state dispute mechanism in FTA s. Good egs re threat of CETA
http://www.guardian.co.uk/law/2011/nov/04/corporations-powerful-tool-against-governments

The flaw in Canada’s pursuit of free-trade deals   Troy Media 24oct11
http://www.troymedia.com/2011/10/24/the-flaw-in-canada%E2%80%99s-pursuit-of-free-trade-deals/
 http://www.forbes.com/sites/amywestervelt/2011/08/17/gold-rushes-trade-agreements-and-how-companies-sue-countries/

 Canada backs profits, not human rights, in Honduras - thestar.com
http://www.thestar.com/opinion/editorialopinion/article/1040372

 CETA's High Toll on Health-Care
http://canadians.org/publications/CP/2011/summer/health-care.pdf

 NAFTA at 20  The New Spin   FPIF - verdict on whether NAFTA has helped Mexico 14mar13
http://www.fpif.org/articles/nafta_at_20_the_new_spin

 
EU-US Transatlantic Trade and Investment Partnership (TTIP)
 
Transatlantic Trade and Investment Partnership (TTIP) - Trade - European Commission

 
EU-US TTIP: ‘A trade deal that allows corporations to sue governments is not about “recovery” - The proposed US-EU partnership is likely to strip away rules that protect health and the environment.’ - David Cronin 26jul13 New Statesman http://www.newstatesman.com/business/2013/07/trade-deal-allows-corporations-sue-governments-not-about-recovery  “It is not hard to see the attraction of the planned deal for the cigarette industry. The European Commission is committed to having a clause in it that will allow corporations to sue governments over laws that constitute a "barrier" to their activities in a specialised court. The history of arbitration panels resulting from trade liberalisation agreements is that they are headed by pro-corporate lawyers, not impartial judges. Last year, the World Trade Organisation ruled that the US would have to lift its ban on clove-flavoured cigarettes,  which have been designed to entice teenagers. Shielding the young from sweetened carcinogens is not permissible, according to the zealots of the "free market".

 EU-US trade deal to include 'corporate bill of rights'   EurActiv 26sep13    EXTRACT:

SPECIAL REPORT / Controversial rights for multinational corporations to sue states, likely to be included in the Transatlantic Trade and Investment Partnership (TTIP), are causing a political headache for EU and US negotiators, but may also set a precedent for future trade agreements, notably with China.

The TTIP currently being negotiated includes so-called "investor-state" dispute clauses empowering EU and US-based corporations to lodge private legal cases directly against governments.

The European Commission's proposal for investor-state dispute settlement under the TTIP would enable US companies investing in Europe to by-pass European courts and directly challenge governments at international tribunals, whenever they find that laws in the area of public health, environmental or social protection infringe their right to do business.

EU companies investing abroad would have the same rights in the United States.

"Politicians might think they are acting in the interests of ‘their' investors overseas, but they are in fact exposing themselves to predatory legal action from corporations,” according to NGO Corporate Europe Observatory's Pia Eberhard, who wrote a report on the issue, "A Transatlantic Corporate Bill of Rights", in June.
. . .

 
Questions and answers (TTIP) - Trade - European Commission http://ec.europa.eu/trade/policy/in-focus/ttip/questions-and-answers/  e.g.  What about the effect on the environment?  The Commission’s impact assessment found that the overall environmental impact of a TTIP with the US was likely to be modest.  Even if there were a lot of liberalisation, it forecast only a very limited increase in global CO2 emissions.  It also suggests that other possible negative side effects of a TTIP – such as increased waste, reduced biodiversity, and more use of natural resources – should be largely offset by the benefits of more trade in environmental goods and services.”

FoE Europe Denounces US-EU Trade Agreement as Secretive and Harmful to People’s Interests  28 de octubre | Entrevistas | Anti-neoliberalismo  Radio Mundo Real

The Transatlantic trade deal will not create export-led growth 12nov13  ToUChstone blog  A public policy blog from the TUC. re TTIP


15nov13 Re ISDS mechanism, BITs etc: Time's up for outdated treaties   Business 15nov13  Mail & Guardian "South Africa's decision to revoke its bilateral investment treaties (BITs) has caused rather a stir in the investment community. ..."

Leaked document shows EU fear of inferiority in US trade talks 26nov13  EurActiv

25jul13 'What impact would a US-EU free trade agreement have on the natural gas sector'
in NATURAL GAS EUROPE, by Trevor Slack, a Senior Analyst for Europe and Central Asia at Maplecroft, an industry partner of Natural Gas Europe. Article contains a section headed: "Investor-state dispute resolution may challenge opposition to fracking". Ref. via Mel Kelly.
8jul13 'Transatlantic corporate rights talks begin (in Washington) and continue (in Ottawa) this week' Stuart Trew, The Council of Canadians.
4jul13 'The Free-Trade Charade' - Nobel Laureate Joseph E. Stiglitz explains how multilateral trade negotiations fail ordinary citizens - Project Syndicate
.
29apr13 TTIP: 'ETUC position on the Transatlantic Trade and Investment Partnership' ETUC.

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Pre-April 2013 ref-links


NB: also read about furore in Canada over investor-state clause in proposed FTA FIPA / FIPPA - btwn Canada & China - designed to give Chinese government-owned oil companies the power to over-ride environmental legislation and First Nations treaty rights if they reduce potential profits from the tar sands.

FIPA
- Canada China Foreign Investment Promotion and Protection Agreement (FIPA)    http://fipafacts.ca/   
The Tyee – China Investment Treaty  Expert Sounds Alarms in Letter to Harper 16oct12 Gus Van Harten 

** FIPA  The Greatest Threat to Canada's Future - YouTube 5apr13 1:55mins
http://www.youtube.com/watch?v=bi6IWGzeJTQ&feature=youtu.be
 
*** Tar Sands and the CETA  - by Scott Sinclair of/for CCPA http://www.policyalternatives.ca/sites/default/files/uploads/publications/National%20Office/2011/10/Tar%20Sands%20and%20the%20CETA.pdf
 
** Excessive Corporate Rights in Canada-EU Trade Deal Are Unacceptable to Broad Section of European, Canadian and Quebec Society 5feb13  http://www.marketwire.com/press-release/-1753125.htm  I tweeted re this
 
* Ottawa sued over Quebec fracking ban - Business - CBC News 23nov12 http://www.cbc.ca/news/business/story/2012/11/23/fracking-ban-nafta-lawsuit.html  NAFTA FTA FIPA FIPPA
 
[16-Aug-12] Break up the Canada-EU “omni-trade deal”  Merkel’s CETA endorsement will not calm controversy over drug costs, public procu 16aug12 http://canadians.org/media/trade/2012/16-Aug-12.html#.UC03J8QTam4.twitter
 
** The Tyee – What's the Big Deal About CETA – 3may12 by Robert Duffy vg refers to assessment by Steven Shrybman
http://thetyee.ca/Opinion/2012/05/03/Secrets-of-CETA/?utm_source=daily&utm_medium=email&utm_campaign=030512
 
Ontario should call Europe’s bluff on Green Energy Act - thestar.com Stuart Trew 16jan12 http://www.thestar.com/article/1116574--ontario-should-call-europe-s-bluff-on-green-energy-act#.TxagaG5DA8Y.twitter
 
IIAPP – INTERNATIONAL INVESTMENT ARBITRATION + PUBLIC POLICY a searchable database of investment treaty cases
http://www.iiapp.org/   The website is produced by researchers based at Osgoode Hall Law School of York University. The link tweeted to me by cupeceta Interesting examples: http://www.iiapp.org/media/cases_pdfs/Glamis_Gold_v_United_States.rev.pdf outcome good in my opinion.
http://www.iiapp.org/treaties/ is interesting – types of treaties eg BITs FTAs NAFTA ECTs etc
VG example of bad outcome re environment: http://www.iiapp.org/media/cases_pdfs/Vattenfall_v_Germany.rev2.pdf. It also raises questions about the impact of investment arbitration on the ability of governments to adopt or alter environmental measures, especially following elections. Here, previously-agreed environmental requirements for the power plant were withdrawn, and the disputed permit was issued,
 
Legal weapon gives corporations the edge on governments   Law   guardian.co.uk 4nov11 re Investor state dispute mechanism in FTA s. Good egs re threat of CETA
http://www.guardian.co.uk/law/2011/nov/04/corporations-powerful-tool-against-governments
 
The flaw in Canada’s pursuit of free-trade deals   Troy Media 24oct11
http://www.troymedia.com/2011/10/24/the-flaw-in-canada%E2%80%99s-pursuit-of-free-trade-deals/
 
SYSTEM CHANGE!NOT CLIMATE CHANGE systemchange.ca   Economy Naomi Klein, Steven Shrybman,  Dr Peter A Victor, Andrea Peart talk re diff aspects of our system that drive climate change: http://systemchange.ca/?cat=8   Steven Shrybman Practices International Law as a Partner at Sack Goldblatt Mitchell LLP & talks re FTAs, IPR (Intellectual Property Rights), Globalization vs localization re climate change, restriction of local governance of resources such as water  etc, Dr Peter A Victor Professor in Environmental Studies at York University, Canada talks re discusses low/no growth economics eg re resources refers to Dr Birol of Int. Energy Agency
 
http://www.forbes.com/sites/amywestervelt/2011/08/17/gold-rushes-trade-agreements-and-how-companies-sue-countries/
 
Canada backs profits, not human rights, in Honduras - thestar.com
http://www.thestar.com/opinion/editorialopinion/article/1040372
 
CETA's High Toll on Health-Care
http://canadians.org/publications/CP/2011/summer/health-care.pdf

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CETA - the Canada - Europe FTA, the Alberta tar sands etc

CETA - Comprehensive Economic and Trade Agreement between Canada and the EU. The main negotiation stage has now ended, and it still includes the ISDS in the investment chapter (the most dangerous part).

Most of the ref-links in the pre-April 2013 section above concern the CETA as its negotiations started several years before those for TTIP.

The text below is mostly pasted from my web-page on the tar sands (mostly re those in Alberta, Canada).

June/July 2011 CETA, the Canada-EU free trade agreement under negotiation, threatens to undermine the FQD and give tar sands oil companies the power to legally challenge any limits we put on trade in tar sands oil. Oct11 sequel: 'Tar Sands and the CETA' - briefing paper by CCPA (Canadian Centre for Policy Alternatives). NB: "must read": Also see e.g. UK Tar Sands Network on CETA and refs it links to, including a vg UKTSN briefing document on the CETA.

CETA (Comprehensive Economic and Trade Agreement) is a proposed Canada-EU free trade agreement under negotiation which threatens to legally undermine EU climate change policy (e.g. the FQD) and increase the already over-large powers of oil companies etc etc (many devils in the details!). Further information: 

17july11
 postings:
CETA THREAT: Ongoing negotiations in Brussels between EU and Canada towards a free trade agreement (CETA) threaten to hugely increase import of tar sands oil into Europe if Canada's government has its way, by undermining EU climate policy such as the Fuel Quality Directive (FQD) and giving power to tar sands oil companies to challenge UK or EU social and environmental regulations and policies if they try and limit free trade in tar sands oil. I recommend you read UK Tar Sands Network's "Keep Europe out of the Tar Sands" http://www.no-tar-sands.org/campaigns/ceta/
 and it's link to an excellent CETA-briefing pdf. The write-up of a meeting it organized during this July's round of CETA negotiations is also very informative: 
www.no-tar-sands.org/2011/07/trading-blows-tar-sands-critics-in-brussels-face-off-with-canada%E2%80%99s-pr-machine/
ACTION: URGENT: Having read about CETA you will no doubt wish to do something to remove the worst clauses (or stop CETA altogther!). Do write to your MP and MEPs, and you are welcome to base your letter on my email to Tim Farron MP. Copy and paste sections if you so wish, or use your own words to give it more identity. 

26july11: Please read my email to my MP re CETA. If you agree with it please email likewise or similar to your MP. LINK

September 2011 sequel:

It would not surprise me if Valero has been in un-reported discussion with the UK Government as to its prospects for importing Tar Sands products here.  The EU has been trying to restrict import of Tar Sands fuel into Europe due to its high production carbon emissions - with the Fuel Quality Directive (FQD). But the UK Government is trying to prevent the FQD from being effective in this aim, now by delaying re-instatement of an emissions value for tar-sands-derived fuel to distinguish it from fuel derived from more conventional sources. Furthermore - UK Government is supporting an "investor-state clause" within another EU law (sensu lato) under negotiation (called CETA - explained below and HERE) - which almost unbelievably will give oil Corporations (and other corporations) legal powers to sue any Government or body that restricts their profits in trading Tar Sands products (or any other products) by means of for example environmental or climate change legislation such as the FQD.  I have now received a letter back from Government (dated 6sep11, signed by Ed Davey, BIS) (via my MP) in reply to my letter regarding the CETA (my 26july posting below) which shows the Government position continues to be as I have described - it gives false and flimsy re-assurances with regards Government concerns about higher emissions fuel sources such as from tar sands, and gives obvious priority to financial benefits of the CETA to UK GDP (via free-trade rights to big business).  I recently briefly met my MP Tim Farron (President of LibDem Party) to update him on this matter.

Letters from government that try to be "reassuring" are often anything but! (hence the ""), and that certainly applies to Ed Davey's 6sep13 letter from BIS (probably written by some boot-licking civil servant (in effect a corporate servant).

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(section of web-page by Henry Adams on free trade agreements (FTAs) and the dangerous Investor-State Dispute Settlement mechanism (ISDS))


CLIMATE CHANGE, fracking, tar sands and FTAs ("Free Trade"and investment Agreements)

The effect of FTAs such as TTIP and CETA on our ability via democratic processes to tackle climate change and fracking with legislation, regulation, policy and governance (including effects on limiting future growth of a mega-emitter - the tar sands industry).

Answer in brief:
- straight-jacketing our democratic powers to tackle climate change by an increase in legal powers to oil and gas companies,
- liberalizing export and trade of some of the most carbon-intense fuels, such as US fracked gas and tar sands products.

                              (TTIP and CETA are EU-US and EU-Canada FTAs. ISDS is explained in video below and here)

PRIORITY ACTION:  TTIP and CETA will liberalize trade and extraction of the worst fossil fuels, so increasing climate change.
    FoE makes it easy to urge your MEPs against this:   https://www.foe.co.uk/act/who-wouldnt-reject-toxic-trade-deal

         A shortened link to the present section:  bit.ly/FTAclimatefracking

Please first read this summary pdf: 'The impact of “Free Trade Agreements” such as TTIP and CETA on climate change' by me in October 2014, from which I quote:

"If the TTIP and CETA are signed up to by the US and EU member states without substantial changes, they would result not only in A: significantly increased carbon emissions, but also B: the straightjacketing of our democratic ability to implement legislation, regulations or policy to limit carbon emissions in ways that might reduce business profits."
        
            (shortcut link to this pdf: www.bit.ly/TTIP-CETA-Climate - easier to note down to distribute, than full address)

The text below is much more detailed and lengthy than the above pdf - and provides more supportive evidence. The pdf is a more concise summary and an easier read to get the main points across.

Summary of impacts:
FTAs such as TTIP and CETA, especially if the lethal ISDS mechanism is not removed, are a huge threat to our ability to tackle climate change as they increase the power of the big fossil fuel and high-energy-use companies - especially the multi-nationals - to increase and legally "lock-in" their obstruction of climate legislation and global climate agreements. Furthermore, TTIP and CETA threaten to increase the expansion of destructive, polluting and high-emissions unconventional methods of oil and gas extraction such as from tar sands and by fracking etc. Powerful oil interests are using the TTIP and CETA negotiations to put a stop to any climate legislation they can label as being a "barrier to free trade", as if ensuring "free trade" should be presumed as being more important than tackling climate change! TTIP and CETA will significantly increase carbon emissions if implemented, and even the EU Commission's studies acknowledge they will increase emissions.

TTIP will increase emissions:
Increase in de-regulated trade, resource extraction and consumption promoted by TTIP and CETA is likely to increase carbon emissions. “In respect of greenhouse gas emissions, the Commission states that its preferred outcome from TTIP will add an extra 11 million metric tons of CO2 to the atmosphere, challenging the EU’s own emission reduction commitments under the Kyoto Protocol.” [my bolding]. I here quote War on Want’s Director John Hilary referring to an EU Commission ‘Impact Assessment Report’ (REF: Section 5.8.1 of ‘Impact Assessment Report on the future of EU-US trade relations’, Strasbourg: European Commission, 12 March 2013).
(The Barnet Alliance write re this). This only refers to the added emissions that the Commission acknowledge (though effectively ignore).

It does not include all consequent additions to emissions: makes you wonder what the real figure will be if the TTIP is implemented. Oil Change International estimate that TTIP by lifting the US ban on export of US crude oil could increase production of US oil equivalent to 4.4 billion tons CO2 (over 2015 to 2050), and then there's the added emissions from export of Canadian tar sands products and US shale gas as LNG to Europe...

NEWS / recent articles:

July 2015  'The Customs Bill: an unacceptable barrier to climate action (Policy Brief) (July 2015)' by CIEL - the (US) Center for International Environmental Law - very useful briefing: shows how Republicans are trying to legally ensure that TTIP is not climate-friendly as opposed to fossil-friendly, and also gives examples showing how existing FTAs have been bad for climate. Here's a direct link to the pdf. Via tweet by FoE's Sam Lowe.
3jul15 'TTIP aim to lift US oil export ban goes against climate targets' by FoE's Trade Campaigner Sam Lowe in The Guardian.
FoE TTIP briefing: 'Stop this Trojan Horse Treaty' https://www.foe.co.uk/sites/default/files/downloads/stop-trojan-treaty-47364.pdf  - Samuel Lowe, Friends of the Earth: sam.lowe@foe.co.uk, @SamuelMarcLowe     Also see: http://www.foe.co.uk/page/secret-eu-us-trade-deal
3sep14 'The EU's drive for free energy trade in the TTIP endangers action on climate change' - Llana Solomon - EnergyPost.eu
17jul14 'New Report: Trade Talks Threaten to Undermine EU Climate Policy and Bring Tar Sands to Europe' - Llana Solomon - Director, Responsible Trade Program, Sierra Club.
'Dirty deals - How trade talks threaten to undermine EU climate policies and bring tar sands to Europe JULY 2014' FoEE web-page pdf download  - Friends of the Earth Europe. My response to the title: they already have started the undermining, and tar sands import to EU has already strarted to increase.
'U.S. Accused of Forcing EU to Accept Tar Sands Oil' Carey L. Biron, 17jul14,  Inter Press Service.htm

Background    
(or scroll down and watch the excellent 5 minute video first)

The TTIP negotiations are being undertaken at a time when pro-fossil fuel industry lobbyists and high energy users are having gains in their influence over the European Commission (EC), such as the EU's Energy Commissioner Gunther Oettinger, in trying to press their arguments that the "need" to re-vitalize economic growth in the EU to get us out of the recession, and to be able to compete in the "global race" with rising "BRICS" economies especially China, is more important and urgent than the need to combat climate change - which can be put aside or diluted for now [e.g. 'EU eyes softer climate policies to fuel ‘industrial renaissance’' - EurActiv, 25feb14]. Using the TTIP to remove "barriers to free trade", such as legislation on transport emissions, is being seen by powerful "stakeholders" as a means to achieve such "growth". This is despite the science-based case that strong action on climate change needs to happen right now and within 5 years or so to have any good chance of keeping global temperature rise within the internationally agreed 2 degrees threshold [Refs: e.g. Prof Kevin Anderson of Tyndall Centre says we need urgent radical emissions reductions: video + text  'The why and how of radical emissions reductions' - Kevin Anderson].

The ISDS mechanism if retained in the TTIP would give big oil companies the power to “checkmate” climate legislation and straightjacket future action against climate change. I quote Michelle Chan, economic policy director for Friends of the Earth U.S. (from FoE’s Statement on Brussels round of TTIP negotations 15nov13 www.foe.org): “A TTIP investment chapter would be a corporate power tool. It would allow Chevron and other energy giants to sue governments if environmental or other regulations interfere with their expected future profits by, for example, restricting oil and gas drilling, imposing pollution controls, or limiting the use of hydraulic fracturing. This would freeze in place our current dependence on fossil fuels, and result in climate disaster.” Note: "Chevron is an official advisor to the U.S. trade representative..." writes Pia Eberhardt of Corporate Europe Observatory. (Chevron is reported to be responsible for 3.52% of the total carbon emissions since 1751 [REF.], has used ISDS to sue Ecuador, and is pushing for a strongly pro-corporate ISDS in TTIP p.7 & p.6 respectively).

US is pushing for the regulatory co-operation chapter (which includes the problematical "regulatory harmonisation" aim) to contain a complex process for any embryo future new regulatory changes to survive, which dangerously includes the opening up of the process at an early stage to US interests and their lobbying groups and stakeholders (in US likely to be mostly industry) before even reaching the democratic stage. This would give for example the US oil and gas industry the power to delay or block embryo climate regulations before even our democratic processes (e.g. by MEPs in the EP) or public citizens can get a say (killing them at birth?). Pia Eberhardt of C.E.O. (Corporate Europe Observatory) brought this issue up with the Lords Select Committee on TTIP on 6mar14 [LINK]. It was also referred to on 11mar14 by Monbiot (6th paragraph) in his reference to an article in FT by Shawn Donnan which states "
The US is using transatlantic trade negotiations to push for a fundamental change in the way business regulations are drafted in the EU to allow business groups greater input earlier in the process."

The TTIP will give the free trade of fossil fuels a higher priority than tackling climate change, by legally preventing the restriction of exports/imports of fossil fuels, and thus taking away this tool as a means of reducing more burning of fossil fuels.  Here's evidence for this and other threats:
19may14 Leaked evidence that TTIP will hold back action on climate change: In summary TTIP will "Expand fossil fuel exports from the U.S. to the EU, and therefore increase fracking and mining in the U.S.; Limit the ability of governments to set the terms of their energy policy; and Restrict the development of local renewable energy programs." - Sierra Club (USA). Here are the ref-links:
19may14 'TTIP: a blueprint for climate catastrophe?  Leaked EU position paper calls for increase in US fossil fuel exports to Europe'
19may14 TTIP: 'Read The Secret Trade Memo Calling For More Fracking and Offshore Drilling' Huffington Post.
19may14 TTIP: The leaked EU "draft non paper" on "Raw materials and energy" (pdf)
19may14 TTIP: 'Energy Trade in the Trans-Atlantic Trade and Investment Partnership: Endangering Action on Climate Change' joint Sierra Club - Power Shift statement.
19may14 TTIP: 'Transatlantic Trade Pact Endangers Action on Climate' - Ilana Solomon, Director, Responsible Trade Program, Sierra Club, in HuffPost Green.

19feb14 Useful ref:
'Q&A: What does the trans-Atlantic trade deal mean for energy?' [and climate change legislation such as EU's Fuel Quality Directive] 19feb14 Christine Ottery at EnergyDesk, Greenpeace UK. - also links to other useful refs.
 
Impact of TTIP and CETA negotiations on the EU Fuel Quality Directive (FQD)

I have summarized this in my brief to Tim Farron MP in July 2014 (pdf) prior to his meeting with government on TTIP. Shortened link: bit.ly/FTAbriefTimFarron

"The transport sector is responsible for 24% of all the CO2 emissions in the EU. The road sector alone accounts for 72% of transport emissions in Europe. What is worse, while emissions from other sectors (i.e. the industry) went down since 1990 by 32%, those from the transport sector have increased with about 28%." - Michael Cramer MEP 'Transport sector is nullifying Europe's climate efforts' 19nov14 in EurActiv. More recent(?) official EU data gives even higher figures:

More recently Transport and Environment (T&E) state: "
Transport is almost entirely dependent on oil: it emits 31% of the EU’s total CO2 emissions and will become the biggest source of climate-changing emissions soon after 2020. The FQD is a key law to promote cleaner transport fuels and is part of the EU's wider goals to cut carbon emissions by 20 percent by 2020."
Refers to the pdf: 'EU energy in figures - statistical pocketbook 2014'.

Pressure from US "Big Oil" interests in the TTIP negotiations has "put the boot in" on EU climate legislation designed to reduce the rising EU transport emissions (transport emissions are important in being en route to being the largest emitting sector in the EU). This 15apr14 article by EurActiv 'The tar sands mystery and the smoking TTIP gun' tries to reveal the secretive dirty dealing with oil interests (and assisted by UK e.g. Euractiv 29nov11) that has scuppered the FQD legislation. Can we get it back into play? Or is the push for the TTIP destroying hopes for any climate legislation that can be interpreted as being a barrier to the false principle of "free trade"? Laura Buffet of Transport and and Environment NGO summarizes the background of the lengthy battle over the FQD, and why NGOs are now having to take legal action against the Commission: 'Canada, Big Oil and the frequently and quietly delayed Fuel Quality Directive' (28mar14, EurActiv).

The US government under pressure from “Big Oil” has been trying to eliminate the FQD climate legislation as being a barrier to free trade profits (adding to many years of lobbying pressure by the tar sands industry and its mouthpiece the Conservative Harper government of Canada [FoEE report 2011], including trade retaliation threats [Euractiv 2012]). In autumn 2013 Oil Change International stated that
"Michael Froman, the US Trade Representative in charge of negotiating a variety of secretive "free trade" agreements, is apparently siding with Big Oil in demanding that Europe weaken its climate laws". They were referring to an article in Huff Post1.

Quoting EurActiv: "Last July [2013], the US trade representative Michael Froman told a Congressional House Ways and Means Committee hearing that the FQD guidance on tar sands was “discriminatory, environmentally unjustified and could constitute a barrier to US-EU trade.”“We continue to press the Commission to take the views of stakeholders, including US refiners under consideration as they finalise these amendments,” he said." The EurActiv web-page also has other useful quotes, such as by Canada's minister Joe Oliver.
 

As feared, already during the TTIP negotiations the EC has been persuaded by oil interests and the USA (itself part-captured by “Big Oil”) to truncate the climate change legislation within the EU Fuel Quality Directive to discontinue beyond 20202,4, despite the fact that it has yet to be implemented due to lobbying by tar sands interests such as oil companies, their financiers (e.g. RBS) and Canada's Conservative Harper government. Also, LibDem’s Norman Baker was pushing for delay in implementation until a complex detailed alternative had been formulated – which would take years to do. These factors combined result in a squeezing of the potential duration of implementation of the legislative proposal to maybe zero or very few years.
      Note that 2020 is the deadline within the proposed FQD Article 7a for the EU to reduce the greenhouse gas intensity of transport fuels by 6%. But a 6% reduction is not asking much by 2020 from a climate point of view, and we would want more than 6% post-2020. But the oil industry - in its push for an increase in unconventional feedstocks (more emitting &/or more risky, & higher EROI) want to minimize emissions reductions. Also Exxon's chief has openly stated that he doesn't expect a significant reduction in oil demand by 5050 (presumably betting on Big Oil's lobbying power to ensure continued political failure to legislate effectively on emissions from oil use).

Then at the start of June 2014 it was revealed that pressure by the tar sands industry - this time especially via Canada's Harper government - negotiators for the EU-Canada FTA (CETA), had resulted in the EU Commission buckling and diluting the effectiveness of the FQD until at least around 2016. Canada, with help from e.g. the UK government, has now been successful in its long battle claiming that the legal application on trade, of a distinction between the carbon emissions of tar sands sourced fuel and conventional oil sourced fuel, is "discriminatory" against Canada's tar sands industry. NB: Note that this term 'discriminatory' defines one of several bases on which a company can sue a nation under the ISDS mechanism. I provide more details (with reference links) of this buckling and diluting in my tar sands web-page in its blog section.

And this shows the urgency for implementation of the FQD, before infrastructure and associated investments get 'locked-in':
22may14 'Europe to receive its first shipment of Canadian tar sands' by Sophie Yeo RTCC "Arrival of tar sands in Spain next week will raise fears that Europe will provide new market for polluting fuel" <<< brief and well worth reading - a great summary. The following article and its ref-links are also a highly relevant "must read" on this topic and the FQD:
2jun14 'First tar sands shipment to Europe sparks protests   EurActiv "... The 600,000 barrels of Western Canada Select (WCS) heavy blend crude, is being shipped by the Spanish oil company Repsol to the port of Bilbao, from where it will be taken to a nearby refinery in a heavily-populated area.  Europe currently imports around 4,000 barrels per day (bpd) of tar sands, but studies suggest that could rocket to 700,000 bpd by 2020, due to the planned Keystone XL pipeline linking Alberta’s tar sands fields to Texas. ...". And it's not just the extra carbon emissions: "In other parts of the world, tar sands refining facilities have been linked to increased cancer incidences near plants, and also to respiratory ailments such as asthma, cardiovascular illness, heart attacks, lung dysfunction and even premature death. [
Tar sands pollution of air and water.]" << NB: the whole article should be read, as it relates this event and its context to the FQD.
NRDC's 'The Tar Sands Threat to Europe: How Canadian Industry Plans Could Undermine Europe’s Climate Goals' January 2014 Natural Resources Defense Council.

Ken Clarke (Minister without portfolio, Cabinet Office) wrote a letter to Tim Farron MP insisting that TTIP and ISDS pose no threat to our ability to tackle climate change via democratic processes, but I point out in my detailed rebuttal that it already has, and correct him on his claims of fossil fuel solutions to tackling climate change. Link to pdf: www.bit.ly/FTAhenryKC


The climate change legislation in the FQD is important for many reasons, and here are some of them:


1.  The transport sector is set to be the EU’s biggest CO2 emitter from 2020, and quoting EurActiv: "Around a quarter of Europe’s greenhouse gas emissions come from transport – the only sector in which CO2 output is increasing – and that figure could rise to 40% of the total by 2020, according to the European Commission" [EurActiv ref].
A letter by a variety of concerned groups to .. in EurActiv states that: "emissions from transport now account for 25% of the EU’s total greenhouse gas emissions and, by 2020, will be the largest single source of pollution" 3   Furthermore, the Fifth Assessment Report from the Intergovernmental Panel on Climate Change (IPCC AR5) states that "Transport accounts for about a quarter of global energy-related carbon emissions. This contribution is rising faster than for any other energy end-use sector. Without aggressive and sustained policy intervention, direct transport carbon emissions could double by 2050." [LINK to SOURCE - download the infographic].

2. The FQD if implemented should put a restraint on unconventional high-emissions oil extraction from e.g. tar sands (such as Alberta tar sands), and eventually the avoidable/unnecessary pollution by flaring (e.g. by shale oil extraction from Bakken shale - North Dakota, oil extraction from Nigeria delta, Russian flaring) which contribute unnecessary extra GHG emissions.  Also tar sands extraction results in large-scale ecocide and pollution of land and cancer deaths amongst First Nations, whose treaty rights and human rights are ignored. This has to be stopped.

3. Oil companies are controlling governments and obstructing climate legislation. The UK's Conservative-controlled coalition government on behalf of the oil industry attacks the FQD as "burdensome" to the oil industry [gov ref. on "red tape"] as well as being "discriminatory" against Canada's tar sands industry. The FQD is a useful tool for us to "turn the tables" here and put everyone's future needs ahead of the greed of the oil industry and its financial backers and beneficiaries. The FQD if implemented would send a signal to Obama to stop the Northern section of the Keystone XL tar sands pipeline being built, and significantly reduce the foreign market required for the proposed 3 times expansion of the Alberta tar sands oil (bitumen) production for export.
Here is a quote from the UK gov's red tape reference above: "C.4 – Costly new reporting requirements on the oil industry: Fuel Quality Directive: “Proposed reporting rules under the Fuel Quality Directive would make the refining industry less competitive” – a large oil company. Problem: The oil industry is concerned that additional reporting, necessary to calculate greenhouse gas emissions from fuel, could be costly for UK refineries, and require sharing of commercial data. ..." [the reporting though would also apply to other countries' oil industries]. So UK rates oil company profits as being more important than tackling climate change.

The CETA and its ISDS: The TTIP is of course not the only FTA that threatens the FQD. The CETA (Canada-EU FTA), which has already completed negotiation in 2013 and been approved by the European Commission, is another big threat to the FQD because 1. Canada's Harper government have been intensively lobbying for many years against the FQD as being for example "discriminatory" in free trade jargon against Canada and its tar sands industry (ref. e.g. FoEE's 2011 report), with threats to use free trade legislative action against the EU to get their way, and using the CETA negotiations as a means of stopping the FQD (Euractiv 2012), 2. the CETA still contains an ISDS clause (though yet to be approved by the European Parliament and EU Member States), and its text has yet to be made public (presumably to try and dodge democratic scrutiny). The ISDS would be a powerful weapon in the hands of the tar sands industry, both if part of the CETA and the TTIP, as it would give oil companies power to sue the EU if legislation such as the FQD restricted import of tar sands products into the EU. The ISDS mechanism, its associated tribunal system and corporate lawyers, are likely to put the free trade principle and corporate profits much higher priority over carbon emissions and climate concerns. (I recently had a twitter conversation with a law postgrad studying the ISDS and related law, and he referred me to climate denialist articles that he refers to on climate issues). As you might expect, DECC Minister Ed Davey, when he was a BIS minister in 2011, wrote to Tim Farron and I in response to my letter on CETA and the ISDS a very unconvincingly "re-assuring" response (scroll up to the green-backed text to access a link to his letter).


Some references on recent events in the long battle over the FQD:              (My tar sands web-page describes the FQD)
  1. 'Michael Froman, Top U.S. Trade Official, Sides With Tar Sands Advocates In EU Negotiations' Kate Sheppard, Huff Post Politics, 24sep13. Oil Change International - The Price of Oil referred to this article when it stated in its action (using template email) HERE that "Michael Froman, the US Trade Representative in charge of negotiating a variety of secretive "free trade" agreements, is apparently siding with Big Oil in demanding that Europe weaken its climate laws". I joined in this action and tweeted: @USTradeRep DO NOT INTERFERE with EU #FQD climate law. We in UK are watching you @BarackObama @NoTarSands http://action.priceofoil.org/p/dia/action3/common/public/?action_KEY=14338&tag=twitter … #NoKXL    Another possible tweet wording: I demand @USTradeRep stop paving the way for #KeystoneXL by weakening EU's climate laws http://bit.ly/1bcyis8  @priceofoil #nokxl #tarsands
  2. 'EU roadblock to transport fuel decarbonisation', "The EU could be on the verge of watering down plans to decarbonise transport" Christine Ottery, EnergyDesk, Greenpeace, 20jan14
  3. 'Strange bedfellows unite to defend Fuel Quality Directive' EurActiv 20jan14.
  4. Carbon Briefing Who killed the EU’s transport fuel standards’ Ros Donald 30jan14 Carbon Brief.
  5. Parliament endorses continuation of Fuel Quality Directive, emphasizes its importance’ Transport & Environment 5feb14

Document by me on impact of TTIP, CETA and ISDS on climate change: www.bit.ly/TTIP-CETA-Climate    - document version of a poster display shown at SGR conference (SGR = Scientists for Global Responsibility) in 2014. A more recent modified version of this was published on the Parliamentary Environment Audit Commission (EAC)'s website as part of written evidence on the impact of TTIP on the environment HERE (as html) and as a pdf. FoE's submission HERE (as html page) and HERE (as pdf) covers not just climate change but also other environmental impacts. [Note: since I wrote my submission, 2 bits of good news mean I must write updates here: 1. the FQD's may continue post-2020 (Barroso's agreement to end it appears to have been over-ruled under the new Commission's period of office) and 2. Chevron has withdrawn from its push for fracking in several European countries (at least for now)]. This link is to Dept BIS's response on 24th July 2015 to the EAC report.

July 2015: This link is to a pdf [or try www.bit.ly/TTIPclimateBearder] comprises a thread of correspondence and meetings of Henry Adams with Tim Farron MP mainly on TTIP and climate change, also on separate court systems (ISDS & "ISDS-lite"), with added correspondence with Catherine Bearder MEP, and the GreenLibDems   (Catherine Bearder [SE England] is the Liberal Democrat Party’s only MEP - and is also in the GreenLibDems). This thread mainly concerns the European Parliament's plenary voting for a resolution on TTIP which took place on 8th July 2015. The resolution report was a Trojan Horse in that it contained text promoting the liberalization of export of oil and gas from the US (see link for details). Thus not just the US trade rep., but also the EU Commission, and the EP's resolution report, are urging for TTIP to be pro-oil/gas (and thus anti-climate).
 
On fracking:     (another unconventional method of extracting fossil fuels that should be left in the ground)

US or Canadian fracking companies could use the ISDS in the TTIP to challenge and neutralize any existing regulatory controls on fracking, or "chill" any potential regulations from being formulated. For example - this could potentially be used in the UK by the U.S. oil and gas company Halliburton (involved in the well failure of BP's Mexican Gulf disaster), which is partnering with the Celtique Energie fracking company in Southern England. Canada is already being sued by a fracking company using the ISDS in NAFTA, as a result of Quebec's moratorium against fracking (the suing is by a US subsidiary of a Canadian company - Lone Pine Resources Inc.).
Also bear in mind that Chevron is both an official advisor to the US on TTIP, and is pushing fracking on European countries with disregard to local democracy [Romania example]. It is hardly surprising that US oil and gas companies are pushing for a strong ISDS.

The following report by C.O.E and FoEE, and video and summaries referring to it, go into this threat in more detail:
 

Well worth reading:
11mar14 TTIP: 'EU-US trade deal Big Energy’s backdoor plan to expand fracking' vg summary by Pia Eberhardt of C.O.E. on WDM website.
6may13 CETA: 'The right to say no EU–Canada trade agreement threatens fracking bans' Corporate Europe Observatory.
6mar14 TTIP:
'Report Exposes How the TTIP Could Expand Fracking in U.S. and Europe' Brandon Baker, EcoWatch. Refers to:
6mar14 TTIP: 'No fracking way - how the EU-US trade agreement risks expanding fracking' Corporate Europe Observatory, - links to this pdf:
'No fracking way: how the EU-US trade agreement risks expanding fracking' (pdf download) -
by Friends of the Earth Europe, the Sierra Club, Corporate Europe Observatory and others.
      Excellent 5 minute video:

NO FRACKING WAY | How the EU-US trade deal risks expanding fracking in Europe and the US | news release [2014] from SourcedTV on Vimeo.

'A trade agreement currently being negotiated between the US and the EU could open the way to multi-billion euro lawsuits from companies wanting to expand “fracking” for shale gas and oil, reveals a new report today. As part of the proposed investor rights chapter in the EU-US trade deal, companies could be allowed to sue governments, through a binding arbitration system that operates outside national frameworks, if they attempt to regulate or ban fracking. Campaigning groups are urging the EU to not include such rights in the trade deal.'

25jul13 'What impact would a US-EU free trade agreement have on the natural gas sector' in NATURAL GAS EUROPE, by Trevor Slack, a Senior Analyst for Europe and Central Asia at Maplecroft, an industry partner of Natural Gas Europe. Article contains a section headed: "Investor-state dispute resolution may challenge opposition to fracking". Ref. via Mel Kelly.

What should be done?

Obviously the dangerous ISDS should be removed from both the TTIP and CETA as number one priority, and this website gives you resources to have your say on this.
The section on ISDS above (via CONTENTS) gives further details about the ISDS.
Jump to the ACTION by YOU section if you want help persuade your MP or MEP that the ISDS should be removed.
Or if you're short of time jump straight to the template email: www.bit.ly/FTAemailMP - quick and easy!

Do bear in mind that though we had a period of "consultation" over the ISDS in TTIP, there has been no such consultation on the ISDS in the CETA (EU-Canada FTA) - an FTA which has received less attention than the TTIP. The CETA has completed the main negotiation process in 2013 and has been agreed to by the European Commission with the ISDS in place. Incredibly and worryingly, the CETA's ISDS text has not yet been made public (correct in January 2014; sequel: leaked in c.summer 2014). We must insist that it is ASAP, and well before it has been approved by the EP and the Member States.
 
Any trade agreement should have at its core climate legislation or an agreement that facilitates and ensures urgent action on climate change - mainly the urgent reduction in carbon emissions. This especially applies to trade because increase in trade and consequent resource extraction and consumption results in increase in emissions unless there are mechanisms in place for decoupling these and decreasing the latter. Furthermore, the global cost of transport emissions are unaccounted for at present (and disregarded as an externality). A trade agreement should aim for these to be taken into account, as increased trade will obviously increase them. FTAs increase the shifting of labour-intensive processes to where-ever labour is cheapest, which can sometimes result in extra transport and thus carbon emissions - which should be accounted for by companies when they consider whether to do such shifting. Trade agreements in summary must be designed not to produce a net increase in carbon emissions. However - I could not find the words climate, carbon or emissions in several official documents summarizing the aims of the TTIP, when I used a 'find' text search on them. And:

Furthermore,
TTIP will increase emissions: The Barnet Alliance write: "As far as greenhouse gas emissions are concerned the European Commission’s EIA states that its preferred outcome ofTTIP would result in an extra 11 million metric tonnes of CO2 being put into the atmosphere, thus challenging the EU’s commitments under the Kyoto Protocol." That's the E.C.'s estimate, which does not include all consequent additions to emissions: makes you wonder what the real figure will be if the TTIP is implemented. Phil Fletcher of Barnet Alliance informed me that this text is from "p 21 note 34 ibid section 5.8.1" from John Hilary's 'THE TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - A CHARTER FOR DEREGULATION, AN ATTACK ON JOBS, AN END TO DEMOCRACY' February 2014. This refers to the source as '‘Impact Assessment Report on the future of EU-US trade relations’, Strasbourg:
European Commission, 12 March 2013'.
 
(The need for decreasing emissions especially applies to TTIP and CETA because Europe and "The West" are historically the main culprits for the accumulative increase in man-made GHG emissions and have a "carbon debt" to the power nations such as in "The Global South" who emit a lot less per person but are impacted the most.)

IDEA re CARBON ACCOUNTING & CARBON COST: If a company tries to sue a government for loss of profits due to regulations (which of course is absurd and shouldn't be facilitated by e.g. an ISDS mechanism), the negative externalities, at least as regards carbon emissions, should be internalized into the profits-foregone calculation right from the start. I emailed LibDem's MEP spokeswoman on human rights on this (Sarah Ludford [update: she lost her MEP seat c.22may14]): "If a company is successful in claiming its future profits foregone, are negative externalities such as carbon costs deducted from those lost-profits – calculated by a respectable carbon costing consultancy? (measure: SCC – Social Cost of Carbon)....".  Please read the rest of this if interested: it's very relevant here: www.bit.ly/FTAhumanrightsLudford  (pdf).

On fossil fuel subsidies - a major driver of carbon emissions:

'Using the Transatlantic Trade and Investment Partnership to limit fossil fuels subsidies' 9 January 2014 -
Discussion Paper - The Greens | EFA In the European Parliament.


Bear in mind:


The U.S. government and much of Congress has been 'captured' by huge corporations, and fossil fuel multinationals have a powerful influence on the U.S. negotiating pressures on the TTIP.
Climate change legislation is regarded by fossil fuel multinationals as a barrier to free trade that needs to be removed, blocked or chilled by the FTAs such as TTIP and CETA.
At least one of these corporations
- "Chevron is an official advisor to the U.S. trade representative..." writes Pia Eberhardt of Corporate Europe Observatory.

The ideologies that form pre-conceptions underlying or "justifying" the free-trade agreements such as neoliberalism, going for growth, reducing the size of governments (de-regulation / dismantling of governance), etc are fundamentally flawed and are steering and pushing in the opposite direction of what is needed to tackle climate change.

Here is an extract from
11nov13 letter (pdf) re TTIP/TAFTA to Obama, Barroso, Van Rompuy which has many signatories of NGOs etc from both sides of the Atlantic:
"Climate Security: Any agreement must provide policy space for signatory countries to respond to the emerging climate crisis and facilitate a transition to more sustainable consumption and production patterns. To advance sustainability and avert catastrophic climate change, trading partners must have the policy space to adopt tax policies, mandatory performance standards, carbon and pollution regulations, schemes for self-generation or "feed-in" electricity tariffs, procurement policy that gives preference to renewable energy and green products, renewable energy standards, or other policies without being subject to challenge under the agreement."

Other Carbon-emissions-related connections re TTIP or CETA

LNG from U.S. fracked gas, if imported to EU would be ultra-high life-cycle-emissions gas because it would have 2 big additions to its carbon footprint as compared with non-liquefied locally sourced natural gas: 1. fugitive methane emissions from open fracking-flowback pits and other leaks in the U.S. made worse due to inadequate U.S. regulation of fossil fuel industry, 2. LNG conversion process (and associated shipping) is carbon-intensive.

Nonetheless, ignoring these facts: [Reuters ref 11mar14] "
at trade talks in Brussels this week, EU negotiators will press U.S. counterparts to agree a framework to make it easier for the country's liquefied natural gas (LNG) to flow to the European Union, EU officials said.  "One of the solutions to the European Union's energy dependence on Russia is the Transatlantic Trade and Investment Partnership," EU trade spokesman John Clancy said. "The crisis in Ukraine can help to focus minds."  The United States has begun granting licences to export LNG, but progress has been slow because of price concerns and industrial lobbying to keep most of the gas for domestic use in the United States."

Also: 'European leaders [Presidents of E. Commission and E. Council] ask Obama to allow increased exports of US shale gas' Ian Traynor 26mar14 The Guardian. He writes:
'While European access to the US shale gas revolution is currently constrained by American licensing procedures, a successful conclusion of ongoing ambitious trade talks aimed at creating a transatlantic free trade area would also hasten European access to American gas.'

Thus EU leaders and TTIP negotiatiors are ignoring the importance of reducing carbon emissions and climate change.


----------------------------------------------------

Aviation emissions: unclear of direct connection to TTIP but the timing is suspicious:

4mar14 Another bit of EU climate legislation is blocked by free-trade threats: 'EU agrees draft plan for aviation emissions' - EurActiv, 5mar14: "The European Union on Tuesday (4 March) reached a preliminary deal on a law that will exempt long-haul flights from paying for carbon emissions until 2016, EU sources said.  The deal is a further weakening of the bloc's stance following immense international pressure and threats of a trade war. ...". Thank you Chris Davies MEP for trying to curb aviation emissions but it looks like tough action is being traded away for more trade.


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Free Trade Agreements, Bilateral Investment Treaties and human rights

- especially the impact of FTAs and BITs on human rights

27feb16 UN says the TPP threatens Indigenous rights - The Council of Canadians. ' "The Trans-Pacific Partnership agreement, better known as the TPP, seriously threatens indigenous land rights, as well as the natural resources they preserve, U.N. Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz said.'

16oct15 Nick Dearden of GJN summarizes statement by UN expert: TTIP is a ‘revolution against international law’, says UN Expert and links to the transcript:
At the UN's Human Rights Council session of 16sep15 UN expert de Zayas says that the ISDS should be abolished:
Statement of Mr. Alfred-Maurice de Zayas Independent Expert on the promotion of a democratic and equitable international order at the Human Rights Council 30th Session, Geneva, 16 September 2015     http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16461&LangID=E

"At another event the UN Human Rights expert pointed to the need for Human Rights to take precedence over treaty law, that ISDS in TTIP contradicts HR law, and that the US connecting the disallowing of any anti-Israel boycott to its Fast Track legislation negates freedom of speech." c.October 2015 by LK

'UN calls for suspension of TTIP talks over fears of human rights abuses' by Phillip Inman, economics correspondent, Guardian, 4&5may15.

'Privatising public services is no way to fund sustainable development'  Mark Dearn and Meera Karunananthan,  Global development  The Guardian. "With trade and investment deals often enabling firms to sue states for putting the public good before profit, we privatise water and sanitation services at our peril" - because profit motive removes incentive to serve the poorer communities, which has led to human rights violations in poorer countries.

There
is plenty of evidence of human rights abuses brought about by FTAs, and the Columbia example (3rd ref down in google search below) is a good example.

20may14: My email debate with Sarah Ludford MEP (LibDem, London) - human rights spokeswoman and strong supporter of the TTIP (even supports the ISDS): TTIP-ISDS-humanrights-emails-SarahLudfordMEP.pdf

I've 10jul14: pdf of my letter I emailed to Tim Farron MP re the UK-Colombia BIT requesting he vote against its ratification, as it does not adequately address human rights and related sustainable development reasons, and its ISDS gives too much power to multinational companies:
http://www.dragonfly1.plus.com/UK-Colombia-BIT-HenryToTimFarron.pdf

Trade campaign at the World Development Movement  - World Development Movement - gives an overview of the effect of FTAs on poor people in poor countries, such as small farmers.

I've already shown, such as in the section above on

ISDS, evidence of impacts of this FTA clause and other aspects of FTAs on human rights such as the increased power FTAs give to foreign extraction companies to displace indigenous communities, pollute their water or remove their sustainable livelihoods by environmental destruction.

Brian Woodward pointed me to a new book which I have yet to read but on brief inspection looks like being a good resource on the impact of FTAs on human rights:  'The Violence of Development - Resource Depletion, Environmental Crises, and Human Rights Abuses in Central America' by Martin Mowforth, Plymouth University, Pluto Press. The link is to the companion website for the book. 

I'll here collate other references on the impacts of FTAs on human rights.

'Free Trade Agreements and human rights' - The Greens  European Free Alliance, shows that the EU is not showing a good example. It is not just the US and Canada that are the bad guys.

A “must read”:    An increasingly tragic example of FTA’s going badly wrong - in Colombia:
Colombian protests show cracks in disastrous economic model’ -  War on Want  - via Brian Woodward of SL WDM. - thanks Brian for that.
In association with recent FTAs with USA then EU, the Columbian government is trying to force on its peasant farmers regulations which favour huge agri-businesses such as Monsanto, which is understandably causing unrest.

Note how the main push of FTAs is for de-regulation of laws protecting us and the environment from collateral damage by corporations (when wanting to increase profits by externalizing costs to us), but the parts of the FTAs increasing regulations are those parts designed to protect corporations from fairness and genuine free trade for poorer people, such as in the use of seeds, by excessive IP rights for agri-businesses.


'DOSSIER COLUMBIA' pdf report by Laura Rangel (lawyer, Columbia) for Transnational Institute TNI - May 2012. "Organisations and trade unions in Colombia and in Europe, including the European Trade Union Confederation (ETUC) and the International Trade Union Federation (ITUC) have frequently argued against the EU-Colombia Free Trade Agreement. They state that it implies gross violations of human rights, and the rights of trade unionists in particular. Colombia has the highest number of trade union murders in the world. Also from the parliamentarian side critiques are being articulated. A broad range of Latin American and European parliamentarians are against the agreement because they argue that the benefits for the European investors can never be prioritized above human rights. They point to the numerous farmers and communities of indigenous peoples that are expelled from their lands for mining and palm oil plantations. This dossier maps out the situation in the mining industry, dairy and palm oil sectors and looks at the possible implications that the FTA will have for those sectors."

Google results of free trade agreements human rights:


  1. Human rights impact assessments of international trade ...  

    www2.warwick.ac.uk/fac/soc/law/.../humanrightsimpactassessments/trade...
    17 Jan 2014 - He also delivered a second presentation named Human Rights Impact Assessments of Free Trade Agreements: What is the State of the Art?
  2. Human Rights Impact Assessment - Wikipedia, the free ...  

    en.wikipedia.org/wiki/Human_Rights_Impact_Assessment
    Human Rights Impact Assessment is a process for systematically identifying, .... The Canada–Colombia Free Trade Agreement, requires the governments of ...
  3. United States–Colombia Free Trade Agreement - Wikipedia ...  

    en.wikipedia.org/wiki/United_States–Colombia_Free_Trade_Agreement
    Jump to Allegations of human rights violations - [edit]. In the first 10 months of the Santos administration in Colombia, 104 labor and human rights activists ...
    [- useful ref on human rights abuses]

  4. Colombia / EU - Free Trade Agreement - Human rights ...  

    www.colombia-eu.org/en_GB/background/political-provisions
    The agreement sets out both human rights and sustainable development obligations, endeavouring to reinforce the solid progress that has already been ...
  5. Free Trade Agreements and Labour Rights  

    www.ilo.int/global/...and.../free-trade-agreements...rights/.../index.htm
    Since the beginning of the 1990's, the need to create a minimum social foundation for the development of trade - one that guarantees certain safeguards against ...
  6. WTO | Publications - The Wedding of Trade and Human Rights ...  

    www.wto.org › ... › wto publications  discussion forum
    14 Feb 2011 - The human rights promoted in these agreements include privacy rights, political ... If we add the US FTAs –Israel to the GSP 131 plus 16=147.
  7. Human rights and a Canada-China free trade agreement ...  

    irpp.org/en/po/.../human-rights-and-a-canada-china-free-trade-agreemen...
    One of Canada's main foreign policy objectives is to promote human rights and democracy in regimes that exhibit high degrees of political repression. We argue ...
  8. Human Rights and Sustainable Development Obligations in ...  

    papers.ssrn.com/sol3/papers.cfm?abstract_id=2140033
    by L Bartels - ‎2012 - ‎Cited by 1 - ‎Related articles
    3 Sep 2012 - ... the EU's trade agreements have included a 'human rights clause' requiring the ... Development Obligations in EU Free Trade Agreements ...
  9. Free Trade Agreements and human rights - Content - The ...  

    www.greens-efa.eu/free-trade-agreements-and-human-rights-8750.html
    6 Dec 2012 - Free Trade Agreements and human rights. the EU's double standards. In its meeting today, the European Parliament's Development Committee ...
  10. Human Rights Provisions in Trade Agreement - Academia.edu  

    www.academia.edu/.../Human_Rights_Provisions_in_Trade_Agreement
    This chapter of a handbook on Free Trade agreements examines how human rightsprovisions are slipping into a growing number of FTAs.
  • EU-Vietnam Free Trade agreement must protect human ...  

    www.refworld.org/docid/534bd8cc16.html
    7 Mar 2014 - EU-Vietnam Free Trade agreement must protect human rights and be preceded by a human rights impact assessment ...
  • The US-Colombia FTA: Still a Bad Deal for Human Rights  

    www.huffingtonpost.com/.../the-uscolombia-fta-bad-deal_b_983780.ht...
    4 Oct 2011 - In Washington, Congress is nearing a vote on the U.S.-Colombia free trade agreement. Human rights, labor, environmental and faith-based ...
  • About Human Rights & Free Trade | Chron.com  

    smallbusiness.chron.com › Finances & Taxes  Free Trade
    Free trade, while opening world markets, is feared in many quarters as ... that multinational companies lobby for international trade agreements that foster the race ... By 2009, according to Dovey, 242 companies had a human rights policy, and ...
  • [PDF]

    Trade Agreements, Business and Human Rights: The case ...  

    www.hks.harvard.edu/.../workingpaper_57_lang%20FINAL%20APRIL...
    by A Lang - ‎Cited by 4 - ‎Related articles
    While trade liberalization can drive improvement in human rights conditions, ... Specifically, some have argued that trade agreements may be a useful tool in this ..... EPZs (including single factory and hybrid EPZs) from Free Trade Zones, ...
  • [PDF]

    The European Parliament's role in relation to human rights ...  

    www.europarl.europa.eu/.../EXPO-JOIN_ET(2014)433751_EN.pdf
    1.1 EU POLICY ON HUMAN RIGHTS CLAUSES IN TRADE AGREEMENTS .... the practice of other countries' free trade agreements, proposes a mechanism that ...
  • Human Rights in Trade Agreements - International ...  

    worldtradelaw.typepad.com/.../human-rights-in-trade-agreements.html
    6 May 2010 - Canadian opposition lawmaker Scott Brison, whose proposal to includehuman rights reviews in a free trade accord with Colombia may win its ...
  • [PDF]

    The Canada-Colombia Free Trade Agreement Human ...  

    www.ccic.ca/_.../apg_2012-05-14_brief_CCOFTA_Human_Rights_Imp...
    15 May 2012 - 1. Americas Policy Group Briefing Note: The Canada-Colombia Free Trade Agreement. Human Rights Impact Report. Summary: On May 15th ...
  • How the Colombia Trade Agreement Accelerates Human ...  

    www.counterpunch.org/.../how-the-colombia-trade-agreement-accelerate...
    21 Dec 2012 - How the Colombia Trade Agreement Accelerates Human RightsAbuses. ... and human rights community, submitted the Colombia Free Trade ...
  • Law And Development Perspective International Trade Law ...  

    www.cambridge.org/...trade.../law-and-development-perspective-internat...
    Intellectual property rights, trade, and economic development Bryan Mercurio ... FTAs, developing countries, and human rights conditionality Anthony Cassimatis
  • Human Rights and Sustainable Development Obligations in ...  

    https://www.kluwerlawonline.com/abstract.php?area=Journals&id...
    by L Bartels - ‎Cited by 1 - ‎Related articles
    Lorand Bartels, 'Human Rights and Sustainable Development Obligations in EU Free Trade Agreements' (2013) 40 Legal Issues of Economic Integration, Issue ...

  • The Future of Human Rights Impact Assessments of Trade ...  

    www.intersentia.com › Detail
    In an age of globalization, free trade should be synonymous with prosperity for all. ... The Future of Human Rights Impact Assessments of Trade Agreements.
  • Canada's first report on Human Rights Impact of Colombia ...  

    www.codev.org/.../canadas-first-report-on-human-rights-impact-of-colo...
    18 May 2012 - Such an assessment would not only help to illuminate what effect a free trade agreement would have on the ongoing human rights crisis in that ...
  • Women's Issues & Trade Agreements - Citizens Trade ...  

    www.citizenstrade.org › CTC  Trade Issues
    Through new rules on intellectual property rights, agreements currently under ... Extraordinary Work of Art Puts Human Face on Global Economy National Labor ...Rights in Export Processing Zones International Confederation of Free Trade ...
  • [PDF]

    A Policy Analysis of the Colombia- US Free Trade Agreement  

    digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1060...
    by KJ Fandl - ‎2014
    18 Feb 2014 - Human Rights and Development Journal by an authorized ... the design and negotiation of free trade agreements between the United.
  • Free trade or just trade? The World Trade ... - saflii  

    www.saflii.org/za/journals/LDD/2008/11.pdf
    by C Lumina - ‎2008 - ‎Cited by 1 - ‎Related articles
    For example, the Global Exchange states: “By promoting the free trade agenda of .... explore the human rights implications of two controversial WTO agreements:.
  • [DOC]

    Thailand's Free Trade Agreements and Human Rights ...  

    www.twnside.org.sg/.../FTAs/.../Thailand'sFTAsAndHumanRightsObligat...
    Thailand's Free Trade Agreements and Human Rights Obligations. Prepared by FTA Watch Thailand, March 2005, for Submission to the 84th Session of the UN ...
  • Human Rights and Free Trade in Mexico  

    books.google.co.uk/books?isbn=023061261X
    A. Est©♭vez - 2008 - ‎Political Science
    As human rights NGO participation in the struggle against hemispheric ... fact that free trade agreements led to widespread violations of human rights—income ...
  • EC Free Trade Agreements: An Alternative Model for ...  

    www.oxfordscholarship.com/.../acprof-9780199578184-chapter-24
    This chapter explores whether EC Free Trade and Investment Agreements (FTAs) present a new, alternative model for addressing human rights in foreign ...
  • Free Trade Agreements and the limits of the “Human Rights ...  

    www.fta-eu-latinamerica.org/.../free-trade-agreements-and-the-limits-of-t...
    International human rights law clearly establishes that human rights take precedence over States` other international commitments. ICTUR (International Center ...
  • EU preferential trade agreements : commerce, foreign policy ...  

    cadmus.eui.eu/handle/1814/27661
    by D KLEIMANN - ‎2013
    Lorand Bartels, secondly, examines how the EU, by means of 'human rights ... for a Transatlantic Free Trade Agreement, Elisabeth Roderburg - 81 • Exporting ...
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    Miscellaneous items appendix

    Twelve leverage points - Wikipedia. Interesting.