Right now, what is described as the biggest trade deal in human history, is on the verge of being signed by our government. It’s called the TPP or Trans-Pacific Partnership. If you haven’t heard the name yet, don’t feel bad, it has a lot of people scratching their heads.
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The reason is, we, the citizens of this great democratic country are not allowed to know any of the details. That’s right, the content of the TPP will remain secret right up until the day it is signed. Afterwards, our parliament will be able to look at it, but not change it.
Mmm, yes, I see nothing wrong with putting our names to such an agreement.
So dear readers, after much scraping and trawling through the internet to find out what was going on, this is what we know so far: The TPP is a trade deal involving 12 countries that border the Pacific Ocean which include the USA, Canada, Mexico, Japan, Malaysia, Brunei, Chile, New Zealand, Peru, Singapore, Vietnam and of course us Aussies.
In a nutshell, the Department of Foreign Affairs and Trade (DFAT) is calling the TPP a chance to strengthen our trade and investment relationships with these key partners. One of the elements is that it would set commonly agreed rules and promote transparency (according to DFAT) of new laws and regulations, providing certainty for business, reduce costs and red tape.
But without a document to view we must rely on a government's trust system. OK, I’m sure it is representing our best interests and have no other agendas, we will just have to take their word on that, but why are the US and European citizens heavily opposing the deal?
The obvious question must be asked, who will benefit from the TPP? Australian consumers or workers? Small businesses? Or the biggest multinational corporations in the world?
Here is where it gets a bit grey, the TPP comes with it’s very own Investor-State Dispute Settlement, or ISDS. The name inherently speaks for itself; it will allow investor states to dispute settlements.
The TPP may allow foreign companies to sue the Australian Government in foreign courts for changes in government policy that cost them money. To many, this is said completely undermining the sovereignty of both the Australian courts and citizens: but hey, I trust you can make up your own minds.
OK, let me give you an example (please be mindful this is a fictional example for the purpose of this explanation).
Imagine that Australia has banned a chemical or drug, like keratin, in amounts of more than 0.2 per cent in unbound formaldehyde. Imagine a company that uses such chemicals in their product opposes our Australian law, it would normally have to challenge it in Australian courts. But with ISDS, the company could bypass Australian courts and instead face an international panel of arbitrators. If the company won, the ruling couldn’t be challenged in Australian courts. This even goes as far as those companies then being able to sue the Australian Government for damages; fundamentally the Australian taxpayers.
But like I said, this is just an example, it’s not like a big corporation would challenge the Australian Government on something like plain packaged cigarettes, would they?
Intellectual property laws are also being called into question by critics, stating that the copyright, patents, and industrial design rights; and the rights that protect trademarks, trade dress, and in some jurisdictions trade secrets, will be undermined through the TPP.
It’s not to say that once the document has been signed we will be essentially locked, hands bound and chained to the wall in this partnership. Parliament will be presented with an all-or-nothing choice; essentially it will be able to examine the TPP and either vote for or against it, but goodness knows not touch it.
To me it has Rumpelstiltskin-esk overtones to it? To give it all up for a string of gold only to read the fine print? On the other hand, it could be the pot at the end of an international rainbow that Australia has been waiting for. Either way, we won't be getting any answers until either a signature is provided or the document is sent packing back overseas.
But I wouldn’t worry citizens, leave it to the big boys, I’m sure they know what they’re doing.