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How TTIP Threatens UK's Ability to Enforce Fair Taxes on Corporations
Corporations are regularly using secretive corporate courts to undermine the ability of countries to pass effective tax legislation, according to a new report, Taxes on trial: How trade deals threaten tax justice. The report warns that if the free trade deal being proposed between the EU and the USA were to come into force, it would massively increase the ability of corporations to sue member states of the EU over measures such as windfall taxes on exceptional profits, or use of taxation as a policy instrument such as a possible 'sugar tax'.
The report, published by Global Justice Now and the Transnational Institute, shows that corporations have used the 'investor protection' provisions of a variety of different trade deals to sue at least 24 countries from India to Romania over 40 tax-related disputes, and in some cases been able to successfully challenge and lower their tax bills. This investor protection is controversially an integral part of current free trade deals being negotiated between the EU and the USA (TTIP) and the EU and Canada (CETA) and is formally known as investor- state dispute settlement (ISDS).
Corporate tax evasion has become a growing public concern with media revelations of the tiny payments made by multinational giants such as Facebook and Google. Tax breaks cost developing countries as much as $138bn a year, money needed for healthcare and other critical public services. The report argues that under TTIP, if the UK or other member states of the EU, tried to introduce tax practices with social or environmental benefits that meant that companies had to pay more, they could be subjected to a law suit in a closed door 'corporate court' that could result in damages of billions of pounds being awarded to the company.
The report examines a number of case studies in more detail:
- Vodafone, which has been involved in various tax scandals in the UK, has launched an arbitration claim against India that is still ongoing, after it was ordered to pay tax on an $11bn deal when it acquired a controlling interest in a major Indian phone company. Vodaphone had paid no capital gains tax on the deal because the transaction used a number of offshore companies.
- Food and drink corporate investors sued Romania successfully, winning a $250m award, over early termination of tax breaks, which had been specifically demanded by the European Commission for Romania to join the EU.
- US agribusiness giants Cargill and Archer Daniels Midland have successfully sued Mexico for introducing a 'sugar tax' on the sales of soft drinks containing high-fructose corn syrup.
The report also shows that supposed tax 'carve-outs', written into a trade or investment treaties, have not succeeded in stopping taxes being challenged and defeated.
The report is being released just before the next round of TTIP negotiations are due to begin in Brussels (22 - 26 February) when the negotiations on the investment chapter are officially due to resume. ISDS continues to be the most controversial aspect of the trade deal, to the point where the European Commission have been forced to propose an alternative system, which has been met with disdain from the US negotiators and business lobby. The biggest professional body of German judges recently said that there was "no need, nor legal basis" for the Commission's proposal.
A number of civil society groups have written to prime minister David Cameron expressing similar concerns to those raised in the report and asking him to halt the TTIP negotiations.
Nick Dearden, the director of Global Justice Now said:
"Despite the enormous public outcry over companies like Google and Amazon paying ridiculously small amounts of tax in the UK, the government is trying to sign us up to a trade deal that could effectively prevent us from bringing about laws that could address tax injustice. The ability to enact effective and fair tax systems to finance vital public services is one of the defining features of sovereignty. The fact that multinational companies would be able to challenge and undermine that under TTIP is testament to the terrifying extent of the corporate grab embedded in this toxic trade deal."
Cecilia Olivet from the Transnational Institute said:
"The evidence of the dangers of these investment deals continues to mount. Not only do they affect health and the environment and cost taxpayers millions in legal fees, this report shows they also affect the ability of governments to tax corporations effectively. This is yet more money lining the pockets of corporate executives stolen from the public taxpayer. New trade deals such as TTIP and CETA have to be stopped and the public interest defended."
The troubled history of ISDS
- The European Commission was massively taken aback by the strength of feeling about ISDS. They carried out a public consultation in 2014 and 97% of the thousands of response they received were negative.
- The controversy and strength of feeling against it has been continuous- at one point France was saying they wouldn't sign TTIP if it was in.
- A UN human rights expert and academic called ISDS a 'revolution against international law'
- The Commission was under so much pressure that in September 2015 they made a proposal for an alternative system that they've called ICS
- Civil society thinks it has all the problems of ISDS - that it was essentially a rebrand with all the same problems.
- US negotiators and business lobby are not keen at all on ICS proposal - they want the original ISDS in TTIP
- And in Germany (which has huge anti-TTIP sentiment - 250,000 people marched in Berlin against TTIP at the end of last year) biggest professional association of judges has said there is no need, or legal basis for the ICS proposal.
Global Justice Now is a democratic social justice organisation working as part of a global movement to challenge the powerful and create a more just and equal world. We mobilise people in the UK for change, and act in solidarity with those fighting injustice, particularly in the global south.
020 7820 4900Climate Movement Sounds Alarm on Trump Picking 'Big Oil Sellout' JD Vance for VP
"JD Vance will sell out to the highest bidder, whether that's Trump or the fossil fuel industry," said one Sunrise Movement campaigner. "That makes him dangerous."
Climate campaigners reacted to former U.S. President Donald Trump's selection of Sen. JD Vance as his running mate Monday by highlighting the Ohio Republican's climate denial and strong support for the fossil fuel industry—one of his top campaign contributors.
"Like Donald Trump, JD Vance has proven that he will make it a top priority to roll back climate protections while answering to the demands of oil and gas CEOs," Sunrise Movement communications director Stevie O'Hanlon said in a statement. "Vance is one of Congress' biggest recipients of donations from oil companies."
"JD Vance not only flip-flopped on supporting Trump, he flip-flopped on climate," she continued. "He went from expressing concern about climate change before running for the Senate, to voting to gut [Environmentl Protection Agency] protections and denying that there even is a climate change crisis."
O'Hanlon added: "JD Vance will sell out to the highest bidder, whether that's Trump or the fossil fuel industry. That makes him dangerous. Donald Trump was the worst president for climate in U.S. history. JD Vance will empower Donald Trump to enact even worse damage on our planet in a second Trump administration."
Some of Trump's key first-term Cabinet appointees—including Rex Tillerson, his first secretary of state, and Ryan Zinke, who headed the Interior Department—were former fossil fuel executives or had track records of supporting the oil, gas, and coal industries.
Trump's White House tenure was also marked by an
aggressive rollback of climate and environmental regulations and protections.
Food & Water Watch Action deputy director Mitch Jones said that "just like Trump himself, JD Vance is a fossil fuel backer and climate change denier that poses a serious risk to public health and our environment."
"Among the countless reasons that Trump and Vance shouldn't be elected to lead our country, the duo represents an existential threat to a livable climate future for all Americans and people around the globe," Jones added.
JL Andrepont of 350 Action asserted that "we are facing a dire need to ward off further climate catastrophe and injustice, so let's be clear: JD Vance is another climate-denying authoritarian who poses massive danger to this country."
"He has praised the horrific Project 2025 plan and said there are 'good ideas in there,'" they continued. "He says he would be totally fine with a federal ban on abortion. And as the effects of climate change accelerate at an alarming pace right in front of our eyes, Vance is a strong supporter of the oil and gas industry who claims that climate change is not a threat."
"We must reject him and all climate deniers at the polls," Andrepont stressed.
Targeting Corporate Landlords, Biden to Unveil National Rent Control Plan
"The rent is too damn high—and rent control is a real fix," one group said, praising the proposal.
As former U.S. President Donald Trump secured the Republican nomination and announced his running mate on Monday, Democratic President Joe Biden prepared to unveil a proposal that would cap annual rent increases at 5% for tenants of major landlords.
After Biden briefly previewed the proposal during a press conference last week, The Washington Postreported on the planned announcement Monday, citing three people familiar with the matter. The Associated Press separately confirmed the plan.
Biden is set to formally introduce the proposal on Tuesday in Nevada, which "has seen among the biggest explosions of housing costs in the country," the Post noted. "Democrats have grown increasingly concerned that Trump could win the state in November."
The president, who is seeking reelection, will propose taking a tax benefit away from landlords who hike rents by more than 5% annually, according to the reporting. The plan would only apply to the existing housing stock of landlords who own more than 50 units and would require congressional approval—so it is not expected to go anywhere unless Biden wins in November and Democrats secure majorities in both chambers of Congress.
As the newspaper detailed:
The Biden administration is also pushing numerous policies to increase housing construction, through incentives to local governments to change their zoning codes and new federal financial incentives for builders.If implemented, they could bring 2 million new units to the market in addition to the 1.6 million already in the pipeline.
"It would make little sense to make this move by itself. But you have to look at it in the context of the moves they propose to make to expand supply," said Jim Parrott, nonresident fellow at the Urban Institute and co-owner of Parrott Ryan Advisors. "The question is: Even if we get all these new units built, what do we do about rising rents in the meantime? Coming up with a relatively targeted bridge to help renters while new supply is coming online makes a fair amount of sense."
While housing industry representatives criticized the reported proposal, Diane Yentel, president and CEO of the National Low Income Housing Coalition, told The Associated Press that having it in effect in recent years could have helped renters.
"The recent unprecedented increases in homelessness in communities across the country are the result of those equally unprecedented—and unjustified—rent hikes of a couple years ago," she said. "Had such protections against rent gouging been in place then, many families could have avoided homelessness and stayed stably housed."
Other rent control advocates and progressive officials also welcomed the plan, with Kendra Brooks—the first Working Families Party member ever elected to Philadelphia City Council—declaring that "this is exactly the kind of leadership that working families need!"
Jacobin's Branko Marcetic said that "this is huge," particularly considering that "housing has rapidly climbed as a cost-of-living concern (and is also under 30s' most important issue)."
Multiple campaigners and organizations credited housing advocates for pushing rent control at the national level.
"It's amazing how rapidly the conversation around rent caps has changed," noted Shamus Roller, executive director of the National Housing Law Project. "Tenant organizing has created this change. It's a proposal for Congress which will face serious headwinds but the president just called for rent caps (even if only temporarily)."
The Debt Collective said, "We will say it over and over again: The rent is too damn high—and rent control is a real fix."
"Rent caps wouldn't be a national policy proposal without tenants unions across the country making it possible through organizing," the group added. "On our way to land without landlords, remember that rent control works. The 99%'s need for a roof over our head should not be 1% profits."
Campaigners Demand Global Ban on Deep-Sea Mining
As talks resume, supporters of a moratorium are also calling for the ouster of the International Seabed Authority's leader, who faces an election on July 29.
As talks to establish global policies on deep-sea mining resumed in Jamaica on Monday, Greenpeace International renewed its demand for a moratorium on the practice, the path also backed other civil society and Indigenous groups, at least hundreds of science and policy experts, and 27 countries.
"The science is clear—there can't be deep-sea mining without environmental cost and the only solution is a moratorium. The more we know about deep-sea mining, the harder it is to justify it," said Greenpeace campaigner Louisa Casson, who is attending the United Nations-affiliated International Seabed Authority's (ISA) 29th session in Kingston.
"Governments at the ISA must not dance to the tune of the industry and approve rushed regulations for the benefit of a few over the interests of Pacific communities and the opinion of scientists," Casson argued, as companies and countries see chances to cash in on the clean energy transition by extracting metals including cobalt, copper, and nickel.
"The deep ocean sustains crucial processes that make the entire planet habitable, from driving ocean currents that regulate our weather to storing carbon and buffering our planet against the impacts of climate change."
The Associated Pressreported Monday that although the ISA has not allowed any extraction during debates, it "has granted 31 mining exploration contracts," and "much of the ongoing exploration is centered in the Clarion-Clipperton Fracture Zone, which covers 1.7 million square miles (4.5 million square kilometers) between Hawaii and Mexico."
The Mexican government last year endorsed a moratorium and Democratic Hawaii Gov. Josh Green last week signed a bill banning seabed mining in state waters, citing "environmental risks and constitutional rights to have a clean and healthy environment."
Ahead of the meeting in Jamaica, Deep Sea Conservation Coalition campaign lead Sofia Tsenikli highlighted that "gouging minerals from the seafloor poses an existential threat that goes far beyond the immediate destruction of deep-sea wildlife and habitats."
"The deep ocean sustains crucial processes that make the entire planet habitable, from driving ocean currents that regulate our weather to storing carbon and buffering our planet against the impacts of climate change," Tsenikli said. "States must now protect the ocean and not allow any more damage."
The ISA was established under the 1982 U.N. Convention on the Law of the Sea and a related 1994 agreement, and is responsible for waters not under the control of specific nations. As Common Dreamsreported earlier this month, some diplomats have accused British lawyer Michael Lodge, its current secretary-general, of trying to speed up the start of mining.
"The rush to complete the mining code was triggered by the Pacific island state of Nauru, which is expected to submit a mining license application on behalf of Canada's the Metals Company (TMC) later this year, regardless of whether or not regulations are complete," Reutersnoted Monday.
After ISA's 36-member Council negotiates the "Mining Code" over the next two weeks, its full Assembly is scheduled to meet on July 29 to vote on the next secretary-general, with Lodge facing a challenge from Brazil's Leticia Carvalho for the top post.
"It is time for change at the ISA," Casson of Greenpeace declared Monday. "A third term for Michael Lodge would not only put the oceans under threat but also risk further damaging public trust in the regulator. Mining companies are impatient to get started and mounting evidence indicates that Lodge is overstepping his supposedly-neutral role to align with commercial interests."
"The ISA must listen to millions of people and the growing number of governments calling for a halt to deep-sea mining," she added. "It is time to put conservation at the heart of the ISA's work."
In preparation for the talks in Kingston, Environment Oregon Research & Policy Center, U.S. Public Interest Research Group (PIRG) Education Fund, and Frontier Group last month released a report showing that not only would deep-sea mining destroy "a vibrant, biodiverse place, teeming with complex ecosystems and thousands, possibly millions of species," but also it isn't necessary.
"Disposable electronic devices are creating a toxic e-waste mess. Now, some mining companies are trying to convince policymakers that we need to wreak havoc on the ocean to source the materials to make more," said Charlie Fisher of the Oregon State PIRG Foundation. "This report shows that we don't need to ruin the deep sea to make the products we need. There is a more sustainable path: Make long-lasting, fixable electronics and recycle them when they no longer work."