Showing posts with label ISDS. Show all posts
Showing posts with label ISDS. Show all posts

Tuesday, 25 October 2016

Do Brexiters love sinister corporate power grabs or not?


I'm pretty sure we all remember how Brexiters chose to fearmonger about TTIP in order to sell the case for Brexit. The argument against the TTIP corporate power grab is a very strong one, so it's no wonder Brexiters jumped on the anti-TTIP bandwagon.

One of the worst aspects of TTIP is the inclusion of sovereignty destroying ISDS components that would allow multinational corporations to completely bypass the democratic and judicial systems of any countries that have signed up to it in order to sue governments in secretive transnational tribunals. This means that if any democratic government introduces new legislation that multinational corporations don't like (plain packaging on cigarette packs, environmental protection laws, product safety standards, consumer rights, improved workers' rights ...) then the multinational corporations could extract £billions in compensation from the taxpayer in secretive transnational tribunals operated by a tiny band of extremely highly paid, mainly US based, corporate lawyers and arbiters.

It didn't matter how many times people like me pointed out that although TTIP is a very bad idea, it would have to be approved by every national government in the EU before it could be implemented. It didn't matter that we pointed out that the Greek government had already sworn to veto it. It didn't matter that we pointed out that the left-leaning governments in Portugal and France would be extremely unlikely to endorse it either. It didn't matter that we pointed out the massive scale of pan-European opposition to TTIP ... it was a fabulous anti-EU attack point for the Brexiters to use, and they did in their thousands.

Brexiters opportunistically jumped onto the anti-TTIP bandwagon despite the fact that the Brexit movement was driven by hard-right fanatics like Boris Johnson, Michael Gove, John Redwood and Iain Duncan Smith who would just love to see British sovereignty completely over-written by a corporate take-over charter like TTIP. Before the Brexit vote the Tory party was one of the biggest cheerleaders for TTIP in the whole of the EU. Boris Johnson even wrote articles lavishing TTIP with praise and savagely condemning anyone who dared to criticise any aspect of it!

It should have been absolutely clear to any anti-TTIP Brexiter that handing even more power to the hard-right fringe of the Tory party by voting for Brexit would give them a perfect opportunity to ram through hard-right corporate power grabs to make TTIP look like a walk in the park, and without any democratic avenues to fight back against it either. Sadly lots of Brexiters just bought into the anti-EU rhetoric and chose to believe that that people like Boris Johnson (who so loved the idea of TTIP until a few weeks before his Brexit conversion) are genuinely concerned about protecting British sovereignty and "taking back control"!


Fast forward a few months and the adoption of another EU transnational corporate power grab called CETA is being stalled by three regional governments in Belgium. Three of the six Belgian federal parliaments have objected to this deal with Canada (the Wallonia region, the Brussels-Capital region, and the French community) so Belgium will not be able to sign up to it.

This deal between the EU and Canada contains exactly the same kind of shady ISDS tribunals as TTIP. It's precisely these sovereignty destroying ISDS components that are the main objection of Belgian politicians like Paul Magnette who have led the opposition to CETA.

The reaction from Brexiters has been comically hypocritical. They're now trying to claim that the CETA is a great thing and that the EU is a basket case for allowing regional democratic parliaments to obstruct this supposedly marvellous deal!

Before the referendum it was pretty much impossible to find a Brexiter who would argue in favour of TTIP because criticising TTIP conformed with their anti-EU agenda. Just a few months later it's pretty much impossible to find a Brexiter who will admit that CETA is exactly the same kind of sovereignty destroying corporate power grab as TTIP. Additionally the facts that regional parliaments in Belgium can obstruct it, and that all national governments will have a veto on its implementation are suddenly signs that the EU is "utterly dysfunctional", not conclusive proof that the EU isn't half as anti-democratic as the Brexiters were shrieking a few months ago.

What the hell do these Brexiters want? A few months ago they were telling us that corporate power grabs were evil and unacceptable attacks on our democratic sovereignty in order to push their anti-EU agenda. Now they're telling us that giant corporate power grabs are the absolute bees knees and the EU is a totally dysfanctional basket case because individual member states and federal regions can assert their democratic sovereignty to obstruct them!

Either the EU is a giant anti-democratic behemoth which imposes sinister corporate power grabs against member states' wills, or it's a democratic organisation that allows member states to obstruct wonderful, amazing. brilliant, marvellous corporate power grabs. It just can't be both.


It seems to boil down to this. If progress towards a massive corporate power grab can be used to attack the EU, then hoards of Brexiters will do it ... but if the democratic obstruction of another massive corporate power grab by Belgian regional parliaments can be used to attack the EU, then hoards of Brexiters will do that too.

The double dose of hypocrisy is absolutely searing. Before the referendum Brexiters told us that corporate power grabs are terrible, but now they're out in force to describe CETA as the bees knees, and before the referendum they wouldn't shut up about the importance of democracy and national sovereignty, but now that Belgium is asserting its democratic sovereignty within the EU they're shrieking "dysfunctional", "basket case", "red tape nightmare", "the EU is broken" ...

This multi-layered Brexiter hypocrisy is a perfect illustration of the blinkered and anti-intellectual ideological puritanism that is toxifying British politics. Screw the facts, screw the politics, screw the economic indicators, screw the experts, screw the evidence, screw rational consideration, screw ideological consistency, screw the consequences ... As far as millions of people are now concerned the EU is pure evil and they are determined to attack it from every angle, 
no matter how utterly hypocritical they make their cause look in the process.

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Tuesday, 3 May 2016

The leaked TTIP documents


In May 2016 Greenpeace Netherlands released copies of the highly secretive negotiation documents on the TTIP so-called "trade deal" between the EU and the US.

The highly secretive nature of the TTIP negotiations and the extremely anti-democratic attitude of the EU institutions towards opponents of the deal have already created a huge rise in opposition to TTIP. In fact almost 3.5 million European citizens have already signed a petition against TTIP and several European governments are threatening to veto the deal if it is presented in its current format.

One of the biggest complaints about the TTIP corporate power grab is the inclusion of Investor State Dispute Settlements, which are designed to allow multinational corporations to completely bypass national democratic and judicial institutions in order to sue nation states in secretive transnational tribunals. These appalling ISDS rules have already been written into countless so-called free trade deals across the world, allowing corporations to sue countries whenever their democratically elected governments introduce policies that might reduce their profits. From the introduction of plain cigarette packaging, through bans on toxic petrol additives to environmental laws to stop the corporate destruction of the natural environment - multinational corporations have been using ISDS rules to sue governments all over the world.

The leaked TTIP documents show that the US are refusing to budge on demands for removal of the ISDS components of the TTIP corporate power grab. This is no surprise whatever given that the highly lucrative and rapidly growing transnational law industry is almost entirely based in the US*, and many of the biggest beneficiaries of ISDS tribunals so far have been US based multinational corporations.


Greenpeace analysis of the leaked documents also reveal that the TTIP negotiations are designed to weaken European laws and regulations, especially in areas like the food industry, pesticides and insecticides, genetically modified organisms and the chemicals industry.

TTIP negotiators have already defined things like energy efficiency labels; fuel efficiency standards for cars; sustainable public procurement policies; regulation of unconventional fossil fuel extraction, including shale gas and tar sands; sustainability standards for bio-energy; and the banning of climate-damaging f-gases in appliances such as refrigerators and freezers as "technical barriers to trade".

It's absolutely clear that TTIP is designed to weaken European standards and create a situation where European governments are powerless to restrain the excesses of multinational corporations, because they will be sued in US dominated secret transnational tribunals every time they try to introduce new laws that multinational corporations object to.

John Hilary of War on Want had this to say about the TTIP leaks:

"We have long warned that TTIP is a danger to democracy, food safety, jobs and public services. Now we see it is even worse than we feared. Today's leak shows the European Commission preparing to sell us down the river, doing deals behind closed doors that will change the face of European society for ever. It is simply unacceptable that a group of unelected officials should be allowed to contemplate such a thing without any public scrutiny."
The fact that the people of Europe are reliant upon secret documents leaked via Greenpeace in order to get a proper idea of what is being negotiated between unelected technocrats behind closed doors is appalling, especially since the establishment class are always willing to trot out the Orwellian mantra of "if you've got nothing to hide, you've got nothing to fear" in order to justify the highly intrusive, privacy destroying state surveillance powers they want to award to themselves.

Now that it's absolutely clear that the TTIP corporate power grab will erode European standards and allow multinational corporations to completely bypass democratic and judicial institutions in European states, the deal should be scrapped in its entirety. What is more, the EU should begin an enquiry into how secretive negotiations towards a damaging, anti-democratic corporate power grab were ever allowed to develop so far in the first place.

  • If you want to download the leaked TTIP documents and look at them for yourself, here's the link again.


  • If you would like to join the 3.4 million+ people who have signed the petition against TTIP, here's that link.

 Another Angry Voice  is a "Pay As You Feel" website. You can have access to all of my work for free, or you can choose to make a small donation to help me keep writing. The choice is entirely yours.




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* If you want to know more about the transnational law industry I highly recommend this German documentary.