Why are these leaders of Pacific trade group nations (gathered in 2010) all smiling?
Wikimedia CommonsWhy are these leaders of Pacific trade group nations (gathered in 2010) all smiling?

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.