"Pacific Rim Mining Corp. just won the first stage in its attack under the Central America Free Trade Agreement (CAFTA) demanding hundreds of millions of dollars in compensation from the government of El Salvador over environmental and health policies.
The corporation is using the CAFTA provisions that grant foreign investors expansive new rights to sue governments in foreign tribunals over regulations or government actions that conflict with the pacts' special rights for foreign investors and that could undermine their future expected profits.
Wait, weren't we told that those outrageous NAFTA-style foreign investor special privileges -- that promote offshoring and expose our public interest laws to attack in foreign tribunals -- had been fixed in CAFTA?
So, we should not worry that the same provisions appear word-for-word in Bush Free Trade Agreements (FTAs) with Korea,
Colombia and Panama? OK, we didn't buy it then, nor did congressional Democrats. Only 15 House Dems supported Bush's CAFTA,
which Obama opposed as a Senator.
So, what's up with the Obama folks now? Last month, Obama said he wanted to start moving the three leftover Bush FTAs toward Congress and instructed trade officials to fix the Korea FTA so it could move early next year. But so far, "fix" only means improving access for U.S. auto and beef exports. The administration will decide its "ask" of Korea this month.
And now like a warning flare comes this ruling in a CAFTA investor attack on a country's environmental and health policies.
When it comes to the lunatic NAFTA-CAFTA investor rights, the U.S.-Korea FTA poses a special threat -- because both countries are major capital exporters. That means, in contrast to U.S. FTAs with developing countries, there are hundreds of Korean firms operating here that could use the FTA's investor rights to skirt our court system and laws and demand taxpayer compensation in foreign tribunals for U.S. laws that they do not like. And the hundreds of U.S. firms in Korea could do the same there. (Click on the link above to see the locations of these firms.) Moreover, this private enforcement system covers the Korea FTA's financial services provisions, meaning the recent U.S. and Korea reregulation initiatives would be newly exposed to attack by numerous banks and insurance and securities firms.
The fact that an attack like Pacific Rim's would even be possible highlights what is wrong with our current trade agreement model. The very existence of these extraordinary foreign investor rights -- the notion that foreign corporations could be allowed to sue the U.S. government in private international tribunals, bypassing domestic courts -- undermines federal and state efforts to protect public health, safety, and precious natural resources."
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=8945799&mesg_id=8945799