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If the Trump administration can be said to stand for anything, it would be a concerted effort to delay and repeal regulatory protections. Through his cabinet and directly with executive orders, Trump has moved aggressively to undo rules to address climate change, food safety, agricultural pollution, and exposure to chemicals, among others. In addition, the Trump administration has adopted one-size-fits-all deregulatory policies including requiring two regulations to be repealed for every one that is enacted and considering only the costs of a policy but not its benefits.
Fortunately, some of these deregulatory initiatives have run into at least temporary legal headwinds, as civil society has challenged the legality of willy-nilly rule delays or repeals as "arbitrary and capricious," inconsistent with longstanding laws, or undertaken without regard to the normally time-consuming -- and more transparent and participatory -- public notice and comment requirements of the Administrative Procedures Act.
Unfortunately, the Trump administration and its corporate allies are planning an end-run around such pesky laws blocking full-scale deregulation. Because binding rules of international trade agreements can require changes in domestic laws and exact penalties if countries do not comply, they can force policy changes that lack popular and political support. A recent example is Congress acting to repeal broadly supported requirements for country of origin labeling of meat after Canada and Mexico challenged the rules as an unfairly discriminatory trade measure, and the World Trade Organization (WTO) agreed.
Despite Trump's public rhetoric attacking past trade deals as rigged by corporations, behind closed doors the Administration is busy promoting a corporate trade agenda. Corporate supporters of a new NAFTA are aiming to rewrite U.S. domestic policy to conform to a corporate wish-list that will hurt, not help, workers, consumers, and small-scale farmers. If they get their way, NAFTA 2.0 will prevent new regulations from being adopted and place roadblocks in the way of enforcing existing standards, reducing consumer and environmental protections to the lowest common denominator. This is a key demand of agribusiness, which objects to Trump's talk of trade deficits and instead wants to see a beefed up regulatory chapter added to NAFTA.
Known variously as "regulatory cooperation," "regulatory convergence" or "good regulatory practices," the idea of a cross-border process for reviewing and collaborating on regulations seems benign. In fact, regulatory cooperation provides a powerful toolkit to corporations to achieve through secretive international meetings the policies they are unable to enact in a more public and democratic domestic process. With tariffs on most agricultural products already extremely low or nonexistent, corporations have turned their attention to getting rid of domestic regulations that increase the cost of business or, like some food safety and pesticide regulations, can prevent export of noncompliant products altogether. Big agriculture sees the renegotiation of NAFTA as an opportunity to insert intrusive "modern" provisions into an older trade deal that currently lacks these enforceable deregulatory provisions.
In plain language, regulatory cooperation aims to align standards between countries so that they are as similar as possible, increasing trading opportunities and reducing business costs. In practice, the result is generally to move to an international standard that is less protective and often drafted with heavy industry involvement. Alternatively, without formally changing a country's protective standards, these trade provisions can allow products that do not meet food safety, pesticide residue or other regulations to be imported anyway, through a mutual recognition agreement. While proponents assert that mutual recognition cannot lower standards, in practice protections can be undermined where safety systems are very different or where implementation and enforcement are ineffective. This is a serious concern right now due to a new trade deal with China. Chicken nuggets and other cooked products from poultry raised and slaughtered in China are now being sold in the U.S. - without labeling or other identifying information -- under an agreement recently inked by the Trump administration. This policy reversal comes despite a long history of "egregious food safety scandals" and a mutual recognition agreement that is supposed to assure high food safety standards in both countries.
Another regulatory cooperation feature is to scrutinize new and existing regulations at the earliest stages of development to identify and eliminate anything perceived as a trade barrier. These impact assessments have a long history of being used to delay and avoid needed regulations by underestimating public benefits and overestimating industry compliance costs. Requiring new or even existing rules to go through a gauntlet of multiple rounds of comments by industry and new layers of cost-benefit analysis will delay or even prevent adopting necessary protections, and institutionalize corporate interference.
While the original NAFTA did not include a regulatory cooperation chapter, it did establish bilateral working groups with Mexico and Canada on topics such as food safety and pesticides, institutionalized in 2010-11 as the US-Mexico High-Level Regulatory Cooperation Council (HLRCC) and the US-Canada Regulatory Cooperation Council (RCC). Both councils are composed of senior regulatory, trade and foreign affairs officials from each country, and operate mostly out of public view with heavy industry involvement and minimal public awareness or civil society participation. For example, an RCC proposal to harmonize Canadian and U.S. meat inspection, certification and processing goes straight to the North American meat industry's playbook and seeks to incorporate "to the greatest extent possible" an industry-written plan to "reduce or eliminate certain inspection activities, certifications, and administrative procedures concerning food safety." In Canada in particular, the result of all this industry-influenced "cooperation" has been predictable. A recent study found the Canadian government has "gradually deregulated, under-regulated and moved toward industry self-reporting in order to 'reduce the burden' on business" while justifying its actions by invoking the necessity of regulatory harmonization.
Given these results, agribusiness should be satisfied, but it wants more. Complaining that the existing regulatory cooperation councils are ineffective, food and agriculture corporations want more enforceable and comprehensive rules written into NAFTA. The industry is promoting a model based on regulatory cooperation in CETA, the Comprehensive Economic and Trade Agreement negotiated between Canada and the European Union, and similar provisions advanced by the EU in (currently paused) negotiations for a trade deal with the U.S. The regulatory cooperation provisions of CETA have been extensively analyzed, with independent legal and policy experts concluding they will weaken pesticide protections while increasing human and environmental exposure, reduce food safety and animal welfare standards, limit protections from toxic chemicals, and ultimately subvert democracy itself by moving regulation from the public sphere to a nontransparent process dominated by corporate interests.
In public comments submitted to the U.S. Trade Representative (USTR), agribusiness corporations identified agricultural and food safety standards, food ingredient labeling, organic certification, biotech regulations, pesticide residue and chemical standards as priorities for CETA-style regulatory cooperation in NAFTA. The U.S. Biotech Trade Alliance wants "new disciplines" that go beyond what was negotiated in the TPP in order to expedite trade in products of biotechnology and calls for regulatory cooperation measures to allow sale of food contaminated with "low level" GMO even where domestic regulations do not allow it, if these products are approved for sale by countries outside of the U.S., Canada and Mexico.
The agricultural chemical industry represented by CropLife America has its own regulatory cooperation plan that would dramatically lower protections by increasing the amount of pesticide residue on food, and allowing the use of carcinogens, endocrine (hormone) disrupting chemicals, and chemicals that interfere with efforts to protect bees and other pollinators. CropLife previously flogged this plan during negotiations for a trade deal between the U.S. and the European Union. With those negotiations currently suspended, CropLife has shifted its deregulatory advocacy to NAFTA, calling for new provisions "to further harmonization of data requirements for pesticide registration" and for "innovative approaches to establish maximum residue levels (MRLs or tolerances) for pesticide residues in imported foods." In other words, CropLife wants to allow products approved in one country to be automatically approved in another, and to increase the amount of pesticide contamination allowed on our food.
The North American Market Working Group of the U.S. Food and Agriculture Dialogue for Trade, representing over 100 agribusiness concerns, called for NAFTA to include regulatory cooperation to achieve "harmonization of food and feed safety systems; fortification standards; organics standards; and pesticide residue tolerances." The group also wants labels to meet a "least restrictive measures" test, which would promote voluntary labeling instead of mandatory disclosure of country of origin, calories and ingredients in junk food, or GMO ingredients. The Food and Agriculture Export Alliance, comprised of U.S. Dairy Export Council, U.S. Grains Council, U.S.A. Poultry and Egg Export Council, U.S. Soybean Export Council, the National Pork Producers Council and the North American Meat Institute, likewise called for "recognition of and acceptance of international standards" and, if international standards do not exist, regulatory cooperation including "recognition of the exporting country's standards" or "collaboration between the exporting and importing countries" to establish import tolerances such as GMO contamination and registration of pesticide products. The chemical industry seeks to establish a single standard for chemical regulation throughout North America through beefed-up regulatory cooperation in NAFTA.
The USTR itself repeatedly mentioned regulatory "cooperation" or "compatibility" and related terms in its submission to Congress outlining its negotiating goals for NAFTA, and it called for "Good Regulatory Practices" such as requiring more impact assessments to promote these goals and to avoid "unnecessary redundancies." Even though the U.S., Canada and Mexico disagree on some big issues - the Canadian dairy supply management system, and immigration and border wall disputes with Mexico come to mind - including regulatory cooperation in NAFTA could be an area of agreement. Reportedly, Canada pushed to include it during the recent second round of negotiations. As discussed above, Canada has already agreed to the most extensive regulatory cooperation provisions in any trade agreement in CETA. CETA could be the starting point for Canada's negotiations with the U.S. on regulatory cooperation. Canada and Mexico both signed off, with U.S. negotiators, on the Trans Pacific Partnership regulatory coherence chapter. Negotiators for all three countries have called for a renegotiated NAFTA to reduce "red tape" and regulatory costs.
While it is possible negotiations will fall apart or Trump makes good on a campaign rally boast that he will unilaterally withdraw from NAFTA, we should not let theatrics and negotiating tactics distract from the very real threat posed by these negotiations. If the U.S., Canada and Mexico do come to agreement on a NAFTA 2.0, it is highly likely that regulatory cooperation will be part of the deal. All three countries are aligned on this issue, with Canada in particular pushing hard for changes. With the biggest transnational corporations fully in support and advocating both publicly, and behind the scenes with access to secret text, and the pace of negotiations proceeding at warp speed, we should be very concerned. NAFTA 1.0 has not benefited small-scale farmers nor promoted sustainable agriculture or good food, and NAFTA 2.0 could be far, far worse.
This week the European Parliament finally gets a vote on the Canada-EU trade deal CETA. It's taken years to get to this point, and the vote is likely to be close, reflecting just how contentious global trade policies have become.
Many MEPs are worried about CETA, reflecting the views of millions of European citizens who have been lobbying them to vote it down. They are concerned about the impact it will have on food standards, public services and financial regulation. CETA, like its better known US cousin TTIP is all about deregulation.
There are deep concerns about the 'corporate court' system which will afford so many more corporations special legal process to sue European governments for passing laws they don't like. For all the EU's reforms, environmental regulation, public service nationalisation, financial regulation - all could be challenged, costing the taxpayer on both sides of the Atlantic a fortune.
Despite this, MEPs are wrestling over how to vote. Because in our brave new world, a trade deal with Justin Trudeau's Canada, which shares so many of our values, seems an urgent necessity. Wouldn't it be a reaffirmation of the very liberal international order threatened by Trump? Wouldn't it help us bring together a non-Trump economic bloc?
It's a seductive logic - and enjoyable to give Trump a poke in the eye. But it isn't true. There's nothing more helpful to Trump and the wave of European populism than passing CETA this week.
First CETA would open up Europe to direct challenge by US corporations in special corporate courts. Something like 40,000 of the biggest US corporations have subsidiaries in Canada which could use CETA to sue European governments. This is a game-changer - we've never faced anything like it, and we will get sued for simply passing laws aimed at protecting people and the environment.
Canadian's big mining sector doesn't have any higher 'values' than US big business either. These companies have already shown themselves more than willing to take on governments like Romania, in secret 'courts', under a separate deal, when that government saw fit to halt a mining project built on a site of environmental and historical importance.
For all his rhetoric, Trump is a firm supporter of deregulation and corporate power. A quick look at how US oil, financial, military and pharmaceutical stock rose after Trump's election showed that clearly. Trump is stripping away corporate regulation at a frightening speed. Why would he be against anything that gives US corporations the power to bully foreign countries?
Don't forget - Trump's own interests are involved here. For example, Trump owns quite a lot of land in Scotland and has a history of challenging Scottish regulation which poses any threat to his golfing profits. A corporate court in CETA would help him in future.
Second, CETA has nothing to do with reaffirming European and Canadian values. As a matter of fact, it's all about changing our values. CETA isn't about people at all, but forwarding corporate interests to the point where 'people' barely feature in decision-making. CETA's process of regulatory 'harmonisation' attempts to force regulators to think only about how laws can be as 'minimally trade distorting' as possible. Is that really the pinnacle of European and Canadian 'values'?
Trump claims that corporations have become too mixed up with foreigners, too disinterested in forwarding the interests of the state. We cannot fight this with 'more of the same', by pretending that economic globalisation has been wonderful for everyone and let's have more of it. The idea that trade deals create only 'winners' is totally discredited. But CETA assumes everything is 'win-win' and makes no provision for these losers - even though serious assessments warn that up to 200,000 jobs could be lost and workers relative wages could fall.
This simply helps Trump's rhetoric about salvation to be found in the aggressive nation state, backed to the hilt by corporate power. How do we fight Trumpism? By showing that the solution to devastating corporate trade pacts isn't 'beggar my neighbour' economics, but a trade system based on the needs of society - building public services, creating decent jobs, laws to constrain the most powerful exploiting the least powerful. Without this, everything that Trump represents will grow.
Our tour across Europe on Selling Off the Farm Corporate Meat's Takeover Through TTIP and its links to the EU-Canada Comprehensive Economic and Trade Agreement (CETA) launched on November 29 at the European Parliament.
Our tour across Europe on Selling Off the Farm Corporate Meat's Takeover Through TTIP and its links to the EU-Canada Comprehensive Economic and Trade Agreement (CETA) launched on November 29 at the European Parliament. IATP's Senior Advisor, Sharon Treat, Waldemar Fortuna from the Polish organization, IGO and I met with several members of the European Parliament (MEPs), including coordinators of different political parties that will decide CETAs fate in early February.
In the last two years, there has been an unprecedented awakening by ordinary citizens across Europe about the damage that free trade agreements do to policy making in the public interest. People have begun to understand that treaties, such as CETA and the Transatlantic Trade and Investment Partnership (TTIP), give transnational corporations even more power to expand and consolidate than they already possess. Many citizens have begun to challenge key elements of these agreements--such as the provisions that allow these corporations to sue governments for enacting public policies that might dampen their profits.
We set out to highlight key concerns that our research revealed about how agreements such as TTIP (and CETA) undermine their jobs as Parliamentarians, particularly when it comes to issues Europeans really care about like cloning, GMOs, and how meat is produced and processed. It became evident quite quickly that while many agreed or hesitatingly admitted that perhaps TTIP went too far in that realm, they were more than relieved to be able to say that CETA was no problem at all.
While politics in many of their countries involves serious crises in the agriculture sector--crashing dairy prices, rising input costs, a struggling beef production sector, the phasing out of small family farms--many of them believed that the competition with Canada would be beneficial to European farmers. Some Eastern European MEPs felt that joining the EU had transformed their economies in a positive direction, so certainly further opening up to free trade deals with industrialized countries will also be beneficial.
Never mind that CETA contains many of the same provisions that TTIP would, or that the Canadian meat market is not really "Canadian," but rather North American. One of the clear outcomes of the North American Free Trade Agreement (NAFTA) has been the integration of the North American meat and feed industries. As a result, the meat industry can shuttle animals between the U.S., Mexico and Canada to cut costs of production and still market products as made in Canada or the U.S. That is until the U.S. implemented Country of Origin Labeling (COOL) for meat that required processors to state where the animal was born, raised and slaughtered. Ironically, Canada and Mexico, on behalf of the North American Meat Industry, put an end to this much desired consumer demand. They brought a challenge to the World Trade Organization, complaining that the U.S. law goes against free trade, and they won. The congressional lackeys of the meat industry in the U.S. were only too happy to repeal the law.
The European Parliamentarians have failed to understand this dynamic; a free trade deal with Canada on agriculture, particularly meat, is also a deal with the United States because these companies are neither American or Canadian. They are both--and they will soon be European as well. Welcome JBS to Ireland!nbsp;(JBS, by the way, is the world's largest meat processor and also one that has aggressively bought out major brands in the U.S. and worldwide.) What this means is that CETA, like TTIP, will hasten a very different agriculture system than most European farmers and consumers want.
The disconnect between these Parliamentarians and the voters they represent couldn't be more stark--and I was reminded of Donald Trump's election as President. How badly the Democrats had miscalculated the disenfranchisement of Americans from their democracy, how angry they are at corporate control of that country--that they are willing to elect someone, even a corporate tycoon, who says that he will end corporate control, create jobs and end free trade deals that hurt American citizens. I am afraid for the European Parliament and for the European Project, because as long as they continue to ignore the protests and petitions and rightful critiques of these free trade deals, they are likely to repeat the same mistake that has, in part, led to Brexit and Trump.
One bit of good news came across my computer screen in the days leading up to the termination of this repellant campaign.
It appeared that the Comprehensive Economic and Trade Agreement between Canada and Europe (CETA) was headed for defeat. That good news was soon reversed as treaty advocates made a deal with Belgium on the labeling of feta cheese. However disappointing this setback, it did serve to reignite debate about the corporate trade agreements that have played so large a role in the world economy. CETA is a model for other pending agreements and any critical scrutiny is to the good. CETA itself is not out of the woods as it must be approved by parliamentary votes in the individual European nations before it can take full effect.
There has never been a greater need to quash the global corporate agenda. Government regulation is necessary in order to keep the remaining hydrocarbons below ground. That regulation should include not only the extractive corporations themselves but also the banks that have financed so many of these projects. Movements against the most notorious projects are vital and have been a source of inspiration, but every time one is blocked other options pop up elsewhere. As Naomi Klein puts it, it is like a game of whack a mole.
If agreements like CETA are enacted, adequate regulation will surely have become an occasion for suits under the dispute resolution features. These suits would not directly knock out the regulations but would make regulation prohibitively expensive. And the expense would become even greater were banks subject to the proper regulation. The ability to regulate the banks is crucial not only because it denies them much of the funding for further exploration and exploitation but also because their financial "innovation" produces economic instability and makes environmental planning more difficult. Just as importantly it deprives alternative energy of adequate financing.
Advocates of CETA advance the typical claim that markets possess a super information processing capacity or are ideal self-organizing systems. There are both theoretical and historic reasons to doubt that markets have such capacity. The claim for super rationality rests on very dubious assumptions about financial events following a typical bell shaped distribution curve. As for markets as good long term self-organizing systems one problem is that markets are only one of many self-organizing systems. Climate systems, ocean currents, social movements, financial and labor markets, all display characteristics of self -organizing systems. They have multiple feedback loops occasioning results that are more and different from the sum of the parts. And each is a partially open system interacting with other systems.

If neoliberalism had been true to the theories of one of its key founders, Friedrich Hayek, it would have allowed all the big banks and auto companies to go bankrupt, figuring if they scraped along the bottom long enough a vigorous rebound would be certain. Such logic elicited the famous quip--in the long run we are all dead. An even more sobering thought is the ways political extremism, another potent self-organizing system, would interact with a plunging economy.
Such systems, especially as they increasingly interact, require attention and at the very least the availability of regulatory tools, fiscal stabilizers, and prudential safeguards of one sort or another. Defeating corporate trade agreements is one step toward seeing these tools remain available.
The struggle to enact these agreements has been part of a broad assault on democracy. It is also part of an effort to strengthen an authoritarian state. Neoliberals have understood for many years that they needed one doctrine, classic laissez faire, to preach in public even as they acknowledged in private the need for a strong state to impose market discipline on the rest of us. Neoliberals proclaim the era of big government is over, but they do not hesitate to use government to fund an immense military establishment and arms "modernization," crush labor unions, spy on and disrupt public demonstrations, criminalize those who cannot survive the corporate economy's volatility, enforce intellectual property's requirements. Big government has ended only for those who might need its assistance to survive the travails of corporate capitalism, for whom "welfare as we know it" has been ended.
Of course a government accountable to the people might be reluctant to perform these functions. Not surprisingly leading neoliberal thinkers like Hayek expressed antagonism toward democracy. A number of recent political initiatives, self-reinforcing in nature, should still this concern. That disposition has manifested itself in the processes by which these deals are negotiated, in their secret trials, in court rulings that say money equals speech, in efforts to disenfranchise poor and minority voters, in felony disfranchisement laws, in an "independent" central bank controlled by finance capital, and in the gerrymandering of Congressional districts. All of these agendas become a self-reinforcing machine that in turn strengthens the power and wealth of the corporate players.
Having turned to government to enforce its version of market discipline, neoliberals and those influenced by its practice (if not its public doctrine) turned to government for bailout when the financial crisis hit. Neoliberalism in practice has made our government both more powerful and less accountable. Defeat of these corporate trade treaties is a good step toward restoring our democracy.
One hopes that activists will keep the pressure on an out-going President Obama and (the likely) President-elect Clinton. They should keep in mind the false promises of enhancing labor rights and environmental protection made by another Clinton to steer NAFTA through a reluctant Congress.
Although many candidates have promised they will vote against the new Trans Pacific Partnership, few have offered a positive vision of international trade regulation. Some form of protectionism appears to be Donald Trump's position, but protectionism is a non-starter. Economic self-sufficiency, even for such advanced economies as the U.S. or Great Britain, is impossible. Supply chains are complex and international. Establishing high tariff barriers would drive up the price of most manufactured goods.
While the campaign has thus far done little to illuminate these issues, the recent Verizon strike may offer a preliminary model of alternatives to corporate globalization. An excellent article by Michelle Chen in the May 25 issue of The Nation raises some points that both better explain the fallacies of the corporate globalization model and suggest some contours of a grassroots and rank-and-file model of global trade and development.
Chen's piece counters the contention that some particular skill or aptitude of the Philippine workers led to Verizon's decision to outsource these call center jobs. Workers received $1.78 an hour. More importantly, the company counted on the willingness of the government to ruthlessly repress any effort to unionize in behalf of higher wages. Rather than seeking an optimal distribution of skills, company policy was to drive both wages and government enforcement mechanisms into a race to the bottom. Verizon management imposed the worst features of early twentieth century industrial supervision: "To match US customers' time zones, the delegation learned, workers run on an eternal graveyard shift, regimented by strict call-time performance targets. "
Most heartening in Chen's story is the role of Philippine workers in the successful strike. Forced to handle service calls from disgruntled Verizon customers, their already long hours were stretched whereas the overtime pay for those hours never arrived.
Philippine activists imagine a more ecological and egalitarian form of globalization. They envision " the alternative as a more ethical trade structure, in which the Philippines would invest in sustainable modernization and internal industrialization. To the extent that outside investment is used to foster development, he adds, it should be accompanied by transnational organizing efforts (pdf) in tandem with US unions. "If they have rights to unionize," Concepcion argues, "we should have too." Through these initial online contacts, Concepcion suggested a more durable organizing network could emerge, like "a call center workers of the world alliance...that could bring all those workers with similar jobs in the fight for better conditions." Just as significantly, union activists are invoking larger community concerns, stressing how better worker training, compensation, and working hours can give workers the opportunity to become problem solvers rather than mindless automatons. Customers as well as workers become the beneficiaries.
Ultimately trade needs to become both more free and more local. By this I mean that not only tariff barriers but intellectual property barriers copyrights and patents) need to come down. Ideas should be allowed to flow freely both within and across borders. Capital and natural resources are another matter. For ecological and environmental reasons, the real cost of transit needs to be included in the price of goods.
The communications revolution is something that can and has spread world- wide. The consequences of that spread remain yet to be determined. The very modes of communication that Verizon disseminates and employs to outsource its work can also aid grass roots collaboration to advance these goals. Absent practices and bodies to curb global capital and the relentless fall in global living standards, protectionism may be the least of our worries.
Canada and the European Union signed the Comprehensive Economic and Trade Agreement (CETA) on Sunday amid widespread protests against the controversial deal that came back to life after negotiations stalled over objections from Wallonia, Belgium.
Environmental and democracy groups who opposed the agreement issued cautious statements condemning the signing but noting that CETA was not a done deal.
"This agreement will probably not survive the democratic and legal scrutiny of the ratification process over the coming months. It's time for our governments to break rank with corporate lobbyists and redesign a trade policy that respects democracy and promotes the public interest," said Shira Stanton, trade policy adviser at Greenpeace EU.
CETA now faces a vote in the European Parliament and ratification by the parliaments of the EU's 28 countries.
If it passes, CETA would create a legal system that allows corporations to sue governments for perceived loss of profit. That framework will also be put to scrutiny by the European Court of Justice and the German constitutional court, and if it fails to stand up would invalidate CETA.
The deal has long been opposed on the grounds that it would harm human rights, democracy, and the climate, among other risks.
Alfred de Zayas, the United Nations independent expert on the promotion of a democratic and equitable international order, said in a statement Saturday that each country should hold a referendum on signing the deal before doing so, warning that it was a "corporate-driven, fundamentally flawed treaty."
"There is a legitimate fear that CETA will dilute environmental standards, food security, and health and labor protection," he said. "A treaty that strengthens the position of investors, transnational corporations, and monopolies at the expense of the public interest conflicts with the duty of states to protect all people under their jurisdiction from internal and external threats."
Global Justice Now (GJN) trade and migration campaigner Guido Tallman tweeted a picture of the massive deal and wrote, "Here's CETA. Any MEP planning to vote for it, should be sure to read it first. All of it. So they know what they're voting for."
Throughout Europe this weekend, CETA opponents took to the streets to protest the signing. In London on Saturday, many posed outside the European Commission office dressed as zombies to symbolize CETA's seeming resurrection, urging commissioners to "stop CETA rising from the dead."
In Brussels, some protesters broke through a barricade and attempted to storm the European Commission building before being dragged away by police.
GJN executive director Nick Dearden said Saturday, "The signing ceremony...means that CETA has been brought back from the dead for now--but it is a ticking time bomb. The Wallonia parliament has a promise that they will be able to stop the ratification of CETA when they get a formal vote on it, and unless there are substantial changes, they--and hopefully other parliaments--will use that veto."
"CETA would open up our government to a deluge of court cases by North American multinational corporations and investors," Dearden continued. "It presents a threat to our ability to protect the environment, to protect the public and to limit the power of big banks. It's thoroughly undemocratic and must be stopped."
In just under a week, the citizens of the small Belgian state of Wallonia, who dared to challenge the giants of the global big business world and Brussels by blocking the signing of CETA, have been reigned in to order. Europe and Canada will thus go back to the table for the signing, at least provisionally, of the controversial trade agreement. The Wallonia example, however, need not be seen as a failure.
The blocking of the Belgian parliament in effect resulted in the postponement of the summit, scheduled for last Thursday, thus increasing attention on the whole process of democratic negotiations. In addition, the Wallonians also gained a series of assurances, not least that the European Court of Justice will be brought in to determine the legality of the Investor State Dispute Settlement system (ISDS), or ICS regarding disputes with multinationals. A considerable achievement considering that, according to legal experts, the ISDS tribunals would be incompatible with European Law. Now it is up to the Belgian Parliament to come up with a formal position at the next meeting with the Canadian delegation to sign the accord.
"Wallonia has shown the way. Diversity, decentralization, and democracy work for people. Monocultures, centralisation, and dictatorship serve corporate interests." --Vandana Shiva, NavdanyaAs such, the Wallonian experience could radically change the future course of events, as Vandana Shiva, president of Navdanya, explains: "Wallonia has shown the way. Diversity, decentralization, and democracy work for people. Monocultures, centralisation, and dictatorship serve corporate interests. It's time to reclaim our freedoms from corporate rule imposed through so-called 'Free Trade' agreements."
According to Shiva, the Wallonian case is a beacon of light and an example of the path that Europe, as well as the rest of the world, should follow. "Free Trade agreements, beginning with the one written by the East India Company to colonise India, are instruments of slavery, of destruction of people's freedoms and sovereignty. The WTO agreement on TRIPS aimed at patenting life was written by Monsanto and the Agriculture Agreement was written by Cargill. This shows has just two or three giant corporations get together to write rules which take over our national and local economies, and destroy our democracies. CETA, TTIP, TTIP and other new free trade agreements with their ISDS clauses are clear attempts to destroy what remains of our fragile democracies and fragile economies. That is why we must stop them."

CETA, the free-trade treaty between the EU and Canada, would guarantee to over 40,000 big US companies--such as Coca Cola, Mc Donald, and Cargill--the same privileges that TTIP would guarantee, through their Canadian associates. Those involved in the negotiations are now questioning its procedures and what went wrong. In the front row, Alessia Mosca, Member of the European Parliament and member of the EU's Committee on International Trade, states: "There is evidently a democracy issue where and when a small parliament can keep the European Parliament from expressing its position." Public attention seems focused in the right direction, which is on the democratic consensus surrounding a treaty which promises to have a substantial impact on millions of workers' and consumers' lives on either side of the Atlantic. Yet the MEP's statement sits uneasily with civil society organisations' recent claims, namely that of having experienced in their own turn a democratic deficit during the treaty's negotiation.
Having been negotiated behind closed doors and without the involvement of civil society representatives, CETA triggered outrage in European public opinion as millions of citizens took over the squares of major European capitals to oppose a new generation of treaties such as CETA and TTIP. Almost 3.5 million signatures have been collected all over Europe against the new free trade agreements. From the negotiators' point of view, the issue does not so much lie in the quality of the negotiation procedures (which are exclusive and even secret), but rather in the fact that "0.6% of the European population has proven to be an obstacle to an agreement reached by the whole of Europe." In other words: it's all Wallonia's fault, guilty of having declined an ultimatum in the name of quality and transparency for the protection of its citizens.
Meanwhile, the negotiators have already sounded the death knell. According to the negotiators' interpretation, the European Union is bound to pay--in terms of GDP and job losses, as well as loss of credibility and trust in the international market. The staunchest pessimists go as far as to warn that the very future of the European Union is at risk, as Ms. Mosca herself stressed when she stated "Europe has no future, until the okay on CETA is reached." This is a common refrain which we already heard during the Brexit referendum. However, this strategy aimed at influencing democratic decisions through the spread of apocalyptic messages does not seem to work. The strategy of "terror" and "fear" cannot and should not find fertile ground in Europe. The most immediate example of this is the proliferation of vague, approximate data being spoon-fed to a public whose opinion has by now grown used to being wary of easy promises. Moreover, the ruckus raised around the loss of jobs and GDP is based on biased studies, which have been widely criticized and contradicted by independent studies published over the last few months by civil society organizations and by experts in the field.
The issue of propaganda is crucial in the context of this new generation of corporate-friendly treaties. As Nina Holland of the Corporate Europe Observatory, in the "Attack on Democracy" session recently held at the International People's Assembly at The Hague, underlined: "It is from this play on words, from the capacity to manipulate language and the essential European principles, from propaganda tactics used to promote free-trade treaties, that we need to protect ourselves: the principle of precaution does not harm a country's innovation; on the contrary, it promotes the safety of innovation and the freedom of its citizens."
The mobilization of citizens and civil society organizations against CETA, TTIP, and similar deals is thus to be considered a positive European Union experience, as underlined by the "green" Member of European Parliament Bart Staes who stated: "The movement that is growing around free-trade treaties represents a positive historical event because it is unifying Europe in such a moment of divisiveness at the political level. Europe risks falling to pieces." However, the Belgian MEP concluded, "the movement protesting against the new generation of trade treaties (which are anti- democratic by their very essence) is managing to bring together consumer associations and trade unions as well as common citizens."
All in all, then, the best recipe for Europe's comeback on the international scene seems to be exactly this: a solid dose of democracy to lead citizens back into believing in a project of integration, which is crucial for the fate of humanity as a whole.
The controversial Canada-European Union trade agreement that many declared "dead" now appears to be rising from the ashes, as officials announced Thursday that they have reached a last-minute consensus.
Earlier this week, trade delegates from the Belgian region of Wallonia rejected the Comprehensive Economic & Trade Agreement (CETA) out of concern that certain provisions, particularly the Investor State Dispute Settlement (ISDS) system, inflate the power of multinational corporations and undermine standards protecting labor, the environment, and consumers.
After it was reported that Canadian Prime Justin Trudeau had scrapped his travel to Brussels and the planned Thursday signing ceremony was officially cancelled, Belgium Prime Minister Charles Michel announced that his country had reached agreement over a new text, which needs to be re-approved by the remaining 27 EU member nations.
Though details of the updated agreement are still emerging, Wallonia Minister-President Paul Magnette, who had led opposition to the agreement, told reporters that his resistance had "yielded huge results," AFP reports.
"We always fought for treaties that reinforced the social and environmental standards, protect the public services and that there is no private arbitration [in dispute settlements]," he said, referring to the ISDS provision. "All this is achieved as of now."
"I am sorry for all the other Europeans we made wait and for our Canadian partners. But if we took a bit of time, what we achieved here is important, not only for Wallonia but for all Europeans," Magnette said.
According to Belgian public broadcaster RTBF, and reported by the EU Observer, under the new terms, the Belgians "agreed to a general safeguard clause, which would allow any regional entity within a federal structure like Belgium's to withdraw the country from CETA. They also want a contested investment protection system to become a real public court, amid fears that the mechanism, in its current shape, is biased towards corporate interests. Farmers would also see special protection and support measures triggered if they are hurt by Canadian competition."
But political economist Gabriel Siles-Brugge explained that the new text grants the Court of Justice of the European Union (CJEU) the ability to rule on final inclusion of ISDS, which he said, "could backfire."
In a press statement, the Council of Canadians explained further:
The Council of the European Union will still have to formally agree to the deal and the 751-member European Parliament will need to ratify it as well. Following that, significant portions of CETA would be provisionally applied before the 28 EU member states and 38 parliaments have the opportunity to vote on the deal. That said, a German constitutional court ruling on October 13 means that CETA's most controversial provision - its investment court system (ICS) provision - cannot come into force until approved by all member states and parliaments.
This means that the ICS provision cannot be implemented until after the 2-3 year process of member state votes, and the hope and likelihood that it will not secure the unanimity needed to ever come into force.
Given all this, as Council of Canadians chairperson Maude Barlow put it, the process "will not be an easy ride even now. Horrible flawed deal and process."
Indeed, at the same time that representatives were cobbling together the 11th-hour agreement, critics of the deal rallied outside of the EU Commission with banners declaring: "The more you insist, the more we resist."
With a Monday deadline, the European Union failed to reach consensus on the pending Canada-EU trade agreement, prompting campaigners to celebrate what they declared to be its final demise.
After negotiations fell apart late last week, Belgium Prime Minister Charles Michel said Monday that he will not be able to join the other 27 EU nations and sign the Comprehensive Economic & Trade Agreement (CETA) because of entrenched opposition in the region of Wallonia to its pro-corporate provisions.
Despite this, European Council president Donald Tusk and Canadian Prime Minister Justin Trudeau are refusing to concede that the Thursday signing ceremony is no longer possible.
According to the BBC,
On Sunday, the European Commission presented a new clarification to Wallonia on the mechanism for settling disputes with investors.
The rules for trade arbitration are one of the thorniest issues in the deal.
But Belgium's RTBF news reported (in French) that the latest EU document did not satisfy the Walloon politicians.
Representatives from the Socialist-led region have expressed skepticism over the agreement's Investor State Dispute Settlement (ISDS) system, echoing the same concerns that critics of the deal have long-shared: that it inflates the power of multinational corporation at the expense of people and governments.
Dismissing media rhetoric that Wallonia's hold-out vote was "exasperating all of Europe," the U.K.-based Global Justice Now pointed out on Monday that the region, alternately, is "voicing concerns of millions of citizens."
"This isn't about internal Belgian politics," agreed Maude Barlow, national chairperson of the Council of Canadians. "Millions of people across Europe and Canada have rejected this deal, including many Members of European Parliament, unions, environmental groups, and farmers."
" Democracy has prevailed and the agenda to boost corporate rights is in tatters," she added.
Similarly, Guy Taylor, trade campaigner for Global Justice Now, said: "CETA has failed because these secretive negotiations were exposed to be much more about enhancing corporate power rather than about lowering trade barriers, and the toxic trade deal was being railroaded through by an increasingly remote and inflexible EU Commission."
Echoing Barlow's statement that the entire EU trade agenda now lies "in tatters," coupled with the downfall of CETA's "toxic sister deal," the Trans-Atlantic Trade and Investment Partnership (TTIP), Taylor added, "This is an ideal opportunity to create a trade regime that prioritizes people, while safe-guarding their health, their rights, and the environment."
"If it takes the Walloon government to throw a spanner in the CETA works and create the political space for an open discussion on what Europe really needs, we fully support them," wrote Paul de Clerck, economic justice campaign coordinator for Friends of the Earth Europe, in a Friday op-ed. "Our European decision-makers should grasp this opportunity. Now is the chance for the EU to light the way ahead, reclaim social democracy, and lead on establishing an economic system that contributes to a more equitable and sustainable world."
Dealing what campaigners say is the final "death blow" to the pro-corporate Canada-European Union trade deal, negotiations collapsed on Friday after representatives from the Belgian region of Wallonia refused to agree to a deal that continues ignore democracy in favor of multi-national corporations.
Canada's International Trade Minister Chrystia Freeland reportedly walked out of talks with the Wallonia delegation, which had ruled to maintain their veto against the Comprehensive Economic and Trade Agreement (CETA) after the parties reached a stalemate over the controversial Investor State Dispute Settlement (ISDS) system.
"We made new significant progress, especially on the agriculture issues, but difficulties remain, specifically on the symbolic issue of arbitration, which is politically extremely important," Wallonia president Paul Magnette told the regional parliament. ISDS permits companies to sue governments over perceived loss of profits due to regulations or other laws.
Magnette had told reporters Thursday that the delegation had particular concerns over "matters affecting U.S. companies in Canada which will benefit from the system."
Friday's talks were held as a last-ditch effort to save the trade deal. After they fell apart, an emotional Freeland told reporters, "I've worked very, very hard, but I think it's impossible," referring to the impasse. "It's become evident for me, for Canada, that the European Union isn't capable now to have an international treaty even with a country that has very European values like Canada."

Campaigners who have led the fight against CETA and its sister trade deals--the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP)--rejoiced over the news, saying the planned October 27 signing ceremony now looks "improbable."
"Canada's trade minister may be 'very, very sad', but there are millions of people in Europe who will be very, very happy," said Mark Dearn, senior trade campaigner with the UK-based War on Want.
And while many were happily toasting Magnette and the Wallonia delegation, critics of the deal also emphasized the growing movement against these anti-democratic agreements that helped lead to CETA's downfall.
"This major setback for CETA is not just because of Wallonia alone," said Maude Barlow, national chairperson of the Council of Canadians. "There is deep, widespread opposition to CETA and many millions of people agree with Wallonia's stance."
"Thousands across Europe and Canada spoke up and took action to make this happen," added Barlow, who is currently in Germany campaigning against CETA. "This collapse of attempts to reach a deal on CETA shows governments should listen to people instead of trying to push these deals through against the wishes of the people they're elected to represent."
As Dearn further explained, "Since talks first started on CETA back in 2009, the deal has sat alongside TTIP [referring to the U.S.-E.U. agreement] as an example of how not to do a trade deal--absolute secrecy, zero input from public interest groups, and sheer contempt for the very valid concerns of people across Europe."
"Today we have seen the European Commission's chickens come home to roost," he continued. "If the Commission fails at yet another trade deal, the fault lies wholly with its anti-democratic approach."
Speaking from the negotiations in Belgium, Sujata Dey, trade campaigner with the Council of Canadians, agreed. "It's time to take a long hard look at CETA and what this breakdown means for corporate-led globalization, including for other controversial deals like the [12-nation TPP]."
"It's time for a fundamental shift toward international agreements that put people and the planet before corporate profits," she added. "That's the message from Europe today."
The Comprehensive Economic and Trade Agreement (CETA) between the E.U. and Canada suffered yet another setback on Tuesday, as EU trade ministers postponed a decision on the trade deal due in large part to objections from Belgium's southern region of Wallonia.
The Associated Press reports that "Wallonia fears that its farmers will be priced out of the market with cheap Canadian produce and that many of the labor standards they fought for will be swept away."
Furthermore, AP added: "Many Walloons say the CETA deal with Canada will be a precursor for a similar deal with the United States, the so-called [TransAtlantic Trade and Investment Partnership, or TTIP], which they fear will cut even further into their livelihoods and consumer and environmental standards."
As recently as last week, Wallonia's parliament voted to reject CETA--inviting what the region's Minister President Paul Magnette described as "barely disguised threats" from corporate and political entities supporting the deal.
And as the Council of Canadians pointed out, "it's not only Wallonia opposing CETA. German Vice-Chancellor Sigmar Gabriel notes that Romania still has questions (regarding visa-free travel for its citizens to Canada). And it's possible that there might be other European Union countries, including Bulgaria and Slovenia, that are also reluctant [to] sign CETA."
Campaigners rejoiced as the trade deal--which has galvanized protests throughout Europe and Canada, including one on Tuesday outside the trade ministers' meeting--faltered.
"Never before in history has a trade deal experience[d] such difficulties in the EU council. Today CETA suffered a massive body blow and is now in perilous danger of joining TTIP on the scrapheap of failed corporate power grabs," said Guy Taylor, trade campaigner at Global Justice Now.
"CETA is hitting the rocks because it is [a] bad trade deal that only favors corporations," added Paul de Clerck, economic justice program coordinator at Friends of the Earth Europe. "The Walloon government's persistence in backing public concerns is exemplary and we strongly support its refusal to sign CETA. We need a new trade policy for Europe that takes people's concerns into account and contributes to a more sustainable and equitable world."
Still, officials remained optimistic that the deal will be signed when Canadian Prime Minister Justin Trudeau flies to Europe next week.
According to the AP:
EU Foreign Trade Commissioner Cecilia Malmstrom said there was still time to overcome Belgian objections right up to "when the prime minister needs to book his tickets from Canada."
"We are not really there yet," she said. "But there is still time."
In turn, Taylor noted that CETA "isn't dead yet and we will be stepping up the campaign to protect our public services, our environment, and our democracy from this toxic deal."
And the Council of Canadians said it was "calling on the Canadian government and European Union member state governments to cancel the summit still scheduled to take place in Brussels on October 27. We are also calling on the Canadian government, EU officials and transnational corporations to stop their intense pressure on Wallonia to sign CETA and to listen to widely-held public concerns about the deal."
Follow the developments and protests under the hashtag #StopCETA: