Friday, 15 June 2012
TPP Secret Trade Agreement Puts International Tribunal Above U.S. Law
Written by
Joe Wolverton, II, J.D.
Wednesday morning
a document was leaked that reveals President Obama’s plans to surrender American sovereignty to international tribunals. This is one of several frightening provisions of the
Trans-Pacific Strategic Economic Partnership (also known as the Trans-Pacific Partnership, or TPP) being negotiated in secret by American trade representatives.
In the now-public document, as part of its membership in the TPP, the
United States
would agree to exempt
foreign corporations
from our laws and regulations,
placing the resolution of any disputes as to the applicability of those matters to foreign business in the hands of an international arbitration tribunal overseen by the Secretary General of the United Nations.
The leaked information confirms the fears of many who have opposed this trade agreement from the beginning. Several groups from the Left and the Right have decried the shroud of secrecy covering the TPP negotiations and are now vindicated by Wednesday’s revelations.
One of these valiant organizations defending the sovereignty of the United States is
Americans for Limited Government (ALG). On Thursday, ALG released a statement drawing attention to the leaked TPP agreement, as well as ably pointing out some of the most noxious aspects of it.
These new trade agreements
will place domestic U.S. firms
that do not do business overseas at a
competitive disadvantage.
Based on these leaked documents, foreign firms under this trade pact could conceivably appeal federal regulatory and court rulings against them to an international tribunal with the apparent authority to overrule our sovereignty.
If foreign companies want to do business in America, they should have to follow the same rules as everyone else. No special favors.
It is telling that the only apparent way these Pacific nations will enter a free trade agreement with the U.S. is if they are exempt from our onerous environmental and financial regulations that make it cost-ineffective to do business here. Instead of making these foreign firms exempt from these burdensome rules, they should just repeal the regulations and make it cheaper to do business here.
This poses an even wider problem, though. Obama is negotiating a trade pact that would constitute a judicial authority higher than even the U.S. Supreme Court that could overrule federal court rulings applying U.S. law to foreign companies. That is unconstitutional.
The U.S. cannot be allowed to enter a treaty that would abrogate our Constitution.
It is telling that the only apparent way these Pacific nations will enter a free trade agreement with the U.S. is if they are exempt from our onerous environmental and financial regulations that make it cost-ineffective to do business here. Instead of making these foreign firms exempt from these burdensome rules, they should just repeal the regulations and make it cheaper to do business here.
This poses an even wider problem, though. Obama is negotiating a trade pact that would constitute a judicial authority higher than even the U.S. Supreme Court that could overrule federal court rulings applying U.S. law to foreign companies. That is unconstitutional.
The U.S. cannot be allowed to enter a treaty that would abrogate our Constitution.
This tribunal needs to be removed from this agreement, and no foreign company doing business on our soil should have a competitive advantage, created by some dumb agreement, over American companies. What is Obama thinking?
He is placing international organizations above the interests of our own country. [Emphases in original.]