Fast Track Push for Trans-Pacific Partnership Implies it’s a Raw Deal

New Year’s Day 2015 marked the 20th anniversary of NAFTA’s implementation. The North American Free Trade Agreement became infamous when independent presidential candidate Ross Perot remarked in 1992 that the passage of NAFTA would create a “giant sucking sound” of American jobs lost to Canada and Mexico. NAFTA, however, is hardly in history’s rear-view mirror. It has been augmented all these years by more of the same, and now the Obama administration is about to enact the biggest so-called free trade agreement yet. The Trans-Pacific Trade Partnership represents the most far-reaching agreement in a generation, yet has only recently begun to garner widespread attention.

In spite of over a decade’s worth of negotiations mainstream media has left the Trans-Pacific Trade Agreement largely untouched — in part because negotiations have not been open to the public. Few of our elected representatives have been clued in either, however. Why? Because the TPP flies in the face of the self-determination principles this country was founded upon. It takes the economic aspects of governance of the people, by the people and for the people and hands it over to international authorities on all manner of issue pertinent to our health, welfare and safety — from finance to food. Because the trade agreement has spawned opposition from all sides of the political spectrum, the TPP has been negotiated behind closed doors. Only in these latter stages are the provisions supposed to undergo open debate. The problem? President Obama wants to “fast track” the TPP so that little congressional debate is possible.

Media Matters has this to say:

Congress Is Currently Debating A Bill That Would Grant The President Expedited Trade Promotion Authority (TPA).

According to a January 30 Reuters article, President Obama is at odds with Democratic and Republican lawmakers in both houses of Congress concerning reauthorizing a procedure called the “trade promotion authority” (TPA). The TPA is a formal legal authority granted to the president by Congress, which allows the White House to fast-track international treaty negotiations with foreign partners, bypassing most congressional review: A bill before the House and Senate would grant the White House power to submit free trade deals to Congress for an up-or-down vote without amendments, something that would give trading partners peace of mind but that raises hackles among some lawmakers.

Recall the financial crisis of 2007~2009? What you might not know is that Canada was among the least scathed by Great Recession fallout because, in part, unlike the U.S. Canadian lawmakers did not strip their financial regulatory laws off the books — that is to deregulate their financial system to the extent the U.S. and others did in the 1980s and ’90s. That could change if and when the TPP is finalized. The TPP sets the stage for international banks, among other transnational corporations, to sue trade partners (nations) for lost revenue (damages) in the event of an attempt to influence their activities.

Remember the pet food scare of 2007 during which time cats and dogs succumbed to melamine contamination linked to Chinese manufacturers? Earlier this month, Petco and Petsmart announced a decision to remove all Chinese-manufactured pet treats from their shelves because of ongoing safety concerns. The TPP opens the door to a country whose revenues are threatened by such an action to sue for damages (lost revenue). This, in turn, may make it difficult for U.S. retailers such as Petsmart and Petco to “discriminate” against imports deemed harmful to their customers! Pet owners aren’t the only ones with cause for concern, however. Doctors without Borders have a bone to pick with the TPP, too. It could make the cost of prescription drugs — medications used to control HIV in the Third World, to cite an example — too costly to obtain.

The TPP, in conjunction with an even broader agreement known as the Transatlantic Trade and Investment Partnership (TTIP), empowers transnational corporations to sue governments, leaked documents suggest, for attempts to reform markets in a manner perceived to limit not just actual (current) profits but future (unrealized) profits. For all those who have pushed for TORT reform out of concern that insurance premiums, health care costs and other consumer expenses have been driven unnecessarily high by the overly litigious, trade lawsuits waged by even deeper pockets at international tribunals may do far worse to consumer prices. Such agreements give transnational corporations incentive to protect their market dominance with an armada of lawyers, costs that taxpayers and consumers will ultimately foot. Whether it’s pet food, groceries or prescription drugs, notions of consumer independence will be swept out the back door with the fast-track passage of the TPP:

Both the TPP and TTIP will go well beyond the WTO in terms of coverage, addressing such matters as foreign direct investment policies, protection of intellectual property, trade in services, behaviour of state-owned enterprises, opening up of government procurement, and reducing the trade-impeding effects of different product standards. — Europe’s World

The TPP, and agreements like it, challenge the authority of legislators and voters, placing unelected international authorities into the driver’s seat. While this effort is certainly nothing new, what is new some 20 years post NAFTA is the social-media connected world in which we live — a level of digital interconnectedness that did not exist in the late 1980s and 1990s when presidents H.W. Bush and Clinton did their parts to pave the way for the World Trade Organization. The TPP erodes national sovereignty in the sense that we will become wedded, as it were, into a polygamous marriage consisting of the U.S., Canada and 10 pacific rim nations, which collectively account for ~40% of global economic activity (gross domestic product). The fact that the free trade agreements of recent years have put us at a $180B U.S. goods trade deficit — bushwhacked by trade partners a fraction of our size — matters little. We are at the stage where Congress would normally debate the provisions with the option to amend the more damaging elements. Instead, President Obama has petitioned members of Congress to bypass open debate by reviving a fast-track trade authority provision dating to the Nixon era.

At the face of it, the TPP sounds so antithetical to the notion of self-governance that it may be difficult to imagine how such an agreement could possibly come to pass — to get off the ground in the first place. But it’s not so outlandish in view of the Supreme Court decision, Citzens United, which affirms that corporations are “people” with a First Amendment right to speak out (monetarily) in support of politicians and political objectives without giving “rise to corruption or the appearance of corruption”. The Court’s 2010 decision opened the floodgates to unfettered corporate finance of political campaigns, spawning the so-called super-PACs. Because of the high cost of running for elected office, just about every politician from every party who has ever risen to the national level owes his/her success to corporate-backed donors and the lobbyists these larger-than-life “people” hire. So how does an agreement like the TPP come to fruition even as it puts taxpayers on the hook for trade lawsuits that threaten to obliterate the right to set our own internal health and safety standards?

Follow the money.

If there was ever a time to exercise your option as a citizen — to make your thoughts on the TPP fast-track proposal known to your elected representatives — that time is now.

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RESOURCES

Trans-Pacific Partnership: Fast Track to Job Losses | Huffington Post

Regional Scheme for the Pacific Rim | The New American

Fact-Checking Obama’s Top Trade Official: Ten Tall Tales on Trade | counterpunch

Exporting Financial Instability | The American Prospect

The Trans-Pacific Partnership: Warnings from NAFTA | Huffington Post

WTO Protesters Were Right | Seattle Times

The Bubble Economy and the Rationality of Irrationality: Recapitalizing Virtue

For all the talk of Wall Street reform and consumer protections the problem of predatory lending has not been eliminated.

Subprime lending continues in the auto financing industry and elsewhere, and unlike conservatives’ criticism of the housing market there are no federal subsidies to finger. Policymakers have, indeed, caused the problem but for reasons other than what many of us have been led to believe. True, Freddie and Fannie Mae advocated for the dream of home ownership even as it floated out of Americans’ reach. However, this reality only begs the obvious but lesser asked question: Why is the American Dream drifting out of reach in the first place? And might the answer to this question reveal that the hollowing-out of the middle class bears a reciprocal relationship to market volatility?

Like so many things, the makings for crisis have not been quite as partisan or straightforward as mainstream media pundits, among others, have made it out to be. Take the Financial Modernizat­ion Act of 1999. The legislatio­n to undo among the last of the Depression­-era separations between commercial and speculativ­e banking was spearheade­d by a Republican­, Sen. Phil Gramm, and signed into law by a Democrat (President Clinton). Both the Right and the Left have been complicit in the sin of short-sighted gains at the expense of long-term sustainable growth. And yet, for all the harm the nation has suffered, many policymakers are unwilling to soften their deregulatory dogma.

For conservatives, in particular, a core free-market assumption holds that participants are inherently rational when they pursue self-interest. The mid-Century writer and philosopher Ayn Rand posited that when individuals pursue ego-driven self interest it benefits others, too. Objectivism and its outgrowth, rational choice theory, attracted fierce devotees including former Fed Chairman Alan Greenspan.

Decades would pass before Greenspan acknowledged the “euphoric bubble” — the group-think of irrationa­l exuberance­ — that erupted with the subprime mortgage securitization frenzy from 2003 through 2007.  Still, Greenspan’s devotion to Randian ideals remains unshaken.

Do we have Rand to thank for our proclivity for great, grand global delusion?

Intangible Risk

What is appreciated far too little, nearly four years into this lingering economic malaise, is the rationalism of loss. The process of placing side bets on underlying assets is referred to as the financial derivatives market. As depicted in “House of Cards“, Wall Street has figured out how to profit when we’re on the upswing and to benefit when we’re on the downswing. When it is possible to “win by losing” the incentive for straight-up commerce declines. Consequently, ours is the era of the “Bubble-Ba­sed Economy”. And it explains a lot about our uncertain economic and employment outlook.

In a pessimistic climate businesses don’t want to expand. Consumers don’t want to spend. Volatility spooks investors. And the self-perpetuating slide contributes to lesser demand, greater unemployment and protracted austerity.

The real economy consists of productive and tangible goods and services. The speculative (shadow) market consists of a bet a trader places on whether commodities and assets will prosper or fail. Over the past 30 years we have gradually inverted the market. According to a piece on “Seeking Alpha”, there are more paper-based IOUs in the Wall Street casino than the entirety of Main Street — and, indeed, all the sovereign wealth in the world — can make good on. This inside-out-upside-down international economy began not only because it was legal to engage in casino gambling but because it is increasingly attractive to do so in the face of economic atrophy — that is, an eroding middle class.

When traders have a competing incentive to speculate on failure, a “bipolar duality” emerges between forces that benefit when the economy is built up and forces that gain from tearing it down. It is rational to gain. It is rational to lose. The so-called moral hazard depends on where you sit. In fact, market relativism may be a prime yet largely unheralded reason why prominent economists disagree on the cause of the crisis.

All market activity transfers wealth. The question we have to ask ourselves is whether or not we want to siphon wealth out of the productive class and into the speculative class. Because that’s exactly what we’ve been doing to the mind-blowing tune of quadtrillions of dollars worldwide.

Tangible Capitalism

Restoring a robust middle class has nothing whatsoever to do with the socialist aim of taking from the wealthy to redistribute gains to the less fortunate. Rebuilding Main Street is about counteracting the next bubble before it blows. It’s about putting an entire generation of young war veterans and college grads on the path to prosperous productivity through better and more numerous jobs.

Ours is a time to return to market fundamentals — the three “Rs” of a real economy: Rational Reinvestment. Reasonable Regulation. Realistic Rewards.

Essentially, we need a 12-step program to recover from “speculation addiction” and its economic enablers who made reckless risks not only possible but deceptively attractive. We need a worldwide intervention in which we come to terms with the fact that the credit crisis is but a symptom, not the underlying disease process. The disorder is inequitable trade agreements and the middle-income earners that egregious economic policy and careless commerce elbows out of the productive class to the peril of all who remain. The economic pathology is the proliferation of highly concentrated, specialized markets in which the West consumes and the East produces; small businesses’ lack for capital and competitive entry into increasingly monolithic markets; big businesses that cannot be permitted to fail and, increasingly, advances in technology that we have uncritically embraced.

Capitalism must recapitalize —- not merely liquidity and credit but values, virtue and opportunity.

If we want to improve the employment outlook and lower the odds of one boom-and-bust cycle after another in today’s hyper-connected small world, we have no choice but to outlaw off-the-books trading in securitized debt, reign in the institutional speculator and to regulate over-the-counter financial derivatives on the whole.

A healthy free market is based on the diversification and dispersion of real enterprise.

The “job creators” — the haves and the have-nots — should not be defined on the bets they won but by their creative and concrete contributions to society. The only cap on trade should be the casino variety. The only free market we ought to uphold is the Real Market — not its derivatives’ doppelganger.

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Resources

Out of Control: The Destructive Power of the Financial Markets | Spiegel Online

Middle-Class Areas Shrink as Income Gap Grows, Study Finds | New York Times

As New Graduates Return to Nest, Economy Feels Pain | New York Times

With MF Global Money Still Lost, Suspicion Grows | New York Times

Paul Ryan and Ayn Rand | New Republic

Greenspan: Financial Crisis Doesn’t Indict Ayn Rand Theories | ABC

Ayn Rand: Conservatives’ Abortion-Rights, Anti-Religion Inspiration | NPR

Why Ayn Rand Is Wrong (And Why It Matters) | Amazon

Why Ayn Rand and Her Legion of Followers are Hopelessly Wrong  | AlterNet

The Trouble With Liberty | New York Magazine