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CARLOS
GUERRA: CAFTA WILL WORSEN SEVERAL OF THE WORST PARTS OF NAFTA
Publication:
San Antonio Express-News
Printed: Tuesday, July 20, 2004 |
When Lori Wallach discusses the proposed Central
American Free Trade Agreement — which would expand NAFTA into five
Central American nations and the Dominican Republic and broadens its
most notorious elements — she seldom resorts to understatement.
"If an armed force marched into a country and put a gun up the president's
nose and said, 'You will now chuck out these laws and you will now allow foreign
operators to be superior to domestic companies and you will now hand over your
tax dollars,' U.N. troops in blue helmets would be dispatched immediately,'" she
laughs before detailing what she calls CAFTA's "'foreign investor über
alles' rules."
For 15 years, the Harvard-trained international trade lawyer has detailed the
excesses that are increasingly being inserted into international trade pacts.
Despite their "free trade" monikers, they are less about freeing trade
than they are about protecting investors and shielding them from nations' domestic
regulations, and laws, often at a price paid by workers and the environment.
"The rules in NAFTA, and now CAFTA, establish a whole new set of rights
and privileges for foreign investors that go far beyond those provided by the
constitutions of the countries involved, even what the U.S. Constitution provides
U.S. citizens and companies," she says. "And they set up a system of
obligations that these governments owe foreign investors while limiting the governments'
actions."
Provisions that require governments to compensate people and companies when taking
their property, for example, have been broadened to mandate compensation for "regulatory
takings," or losses caused by any government action.
"So if a government regulation or action undermines the value of your property
in any way, they have to pay you," she says. "This will eviscerate
the ability of governments to have even the most basic public-interest protections."
NAFTA's "Chapter 11" provisions have become notorious as growing numbers
of investors have successfully sued the United States, Canada and Mexico over
environmental regulations and other rules. And in one NAFTA claim, a U.S. firm
even collected $4 million from Canada because its regulators were supposedly
rude.
Wallach says that these rules are much broader in CAFTA, and "investments" are
more broadly defined — and protected — which she says will only provide
foreign investors more ways to raid the tiny nations' treasuries.
"They made them 10 times worse," she says. "And the definition
of a 'covered investment' with special privileges now includes things like assumption
of risk.
"Isn't that what business activity is, putting down your money and taking
your chances and if it works you get rich and if it doesn't you lose your shirt?
"But somehow (in CAFTA) the assumption of risk is something you should be
compensated for."
The attorney also points out that both accords create dispute resolution mechanisms
that effectively trump federal and state laws.
"They basically privatized the enforcement of investor rights," she
says. "Dispute resolution is done in a closed, secret tribunal in which
the public is not allowed, only the private investor and the country they're
suing, and there is no due process, no oversight, no conflict-of-interest rules,
no appeals, none of these protections."
And even before CAFTA was negotiated, the state of Texas signed onto the pact — and
its liabilities.
Stay tuned to find out why.
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