Back in December, I wrote about the Trans-Pacific Trade Partnership (a.k.a. the TPP), a trade agreement whose passage is both a firmly stated goal of the Obama administration, and a great nightmare of environmentalists and civil liberties types, for a whole smorgasbord of reasons. Now there's a new development: A leaked draft of the environmental chapter of the TPP appeared Wednesday on Wikileaks.
The main environmental critique of the TPP up until this point was that it would open up the U.S. to lawsuits from companies that had investments in American companies. Under the terms of a draft of the investments chapter, which was leaked back in 2011, any company that did business with the U.S. could argue, under the terms of the treaty, that our environmental laws were interfering with its ability to make money. The lawsuits, which are judged by special treaty-tribunal, don't allow for any sort of appeal, and the records are not available to the public.
Just about every treaty since NAFTA has had an agreement like this, but the U.S. has largely been insulated from its effects -- in the past, it always entered into these treaties with countries that were either too poor to have American investments or just not interested in them. The TPP would include Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand, Brunei, and possibly China. So it would shift a power balance that has, however unfairly, been tilted in the U.S.'s favor.
People had hopes, if not especially high ones, for the environmental chapter. The Obama administration had claimed that it would address some cutting-edge environmental issues. It was also thought to be a fairly pragmatic rehash of a Bush-era bipartisan trade deal drawn up between the U.S., Peru, Colombia, Panama, and Korea. That deal established a mutual agreement between all countries to work together to stop illegal logging, trade in endangered species, and overfishing, and to subject anyone found in violation to trade sanctions until they came into compliance.