Thank you for contacting me to express your concerns regarding the Trans-Pacific Partnership. I appreciate the time you took to write, and I welcome the opportunity to respond.
First, please know that as a U.S. Senator, I carefully review each free trade agreement that comes before me to ensure that the best interests of American workers and businesses are served, and that the agreement will not adversely affect the U.S. economy, human rights, labor rights or environmental standards.
After seven years of negotiations, on October 5, 2015, the participating nations announced that an agreement had finally been concluded. The TPP is a free-trade agreement among 12 countries including, Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, Vietnam, Canada, Mexico, Japan, and the United States. The agreement cannot come into effect until it is approved by the House of Representatives and the Senate.
As you may be aware, I voted in favor of Trade Promotion Authority (TPA)—otherwise known as fast-track authority—because it granted the President the ability to finalize important trade legislation, such as the Trans-Pacific Partnership (TPP).
Under Trade Promotion Authority, the President must notify Congress at least 90 days before signing the agreement, and text of the Trans-Pacific Partnership must be made public for at least 60 days prior to signing the agreement. On November 5, 2015, President Obama notified Congress of his intent to sign the trade agreement, and the full text of it was made available to the public. The text can be found on the United States Trade Representative's website ustr.gov.
At this time, my staff and I are carefully reviewing every aspect of the Trans-Pacific Partnership. I believe that expanding trade with our neighbors while balancing our domestic priorities is in our national interest. However, if I come to the conclusion that the agreement would negatively affect California, I will not hesitate to oppose it.
Please know that I have taken careful note of your views on this important issue, and I will keep your thoughts in mind as I review the final text of TPP.
Again, thank you for your letter. I hope you continue to keep me informed on matters of importance to you. If you have any further questions, do not hesitate to contact my Washington, D.C., office at (202) 224-3841 or visit my website at www.feinstein.senate.gov. Best regards.
Sincerely yours,
Dianne Feinstein
United States Senator
This is a perfectly reasonable response. But Senator, please keep in mind that one of the key provisions of the TPP is ISDS. This is a provision by which foreign governments, to more correctly foreign corporations can do an end-run around Laws duly constituted in our State, and in out nation, enacted by a vote of the people. The consequence of ISDS is that a panel of corporatists, not elected officials will be empowered to penalize California and/or the United States for implementing those laws which the panel determines to have done economic harm or will do economic harm to foreign outside this State and Nation. While this agreement will possibly increase trade with the other signatories, the potential damage to the American system of government s not only immense but very likely as well. It is true that SO FAR successful suits have not occurred under NAFTA, the same can be predicted with any certainty when corporations of other countries quest for profits by overriding the fundamental principles of our democracy.
This “partnership” is a too of the corporations,l by the corporations, for the corporations. This not how this country was conceived. The Declaration of Independence talks about the rights of individuals, not of corporations.
Do you subscribe to the notion that, under the law corporations are people? People of flesh and blood, of aspirations and dreams—not for mere financial gain, but to live healthy, happy lives themselves and their families. California is said to be the world’s sixth largest economy, yet that economy is subsumed and made possible by the greater entity known as the United States of America.
Is there no greater good derived from this legislation than the influx of the almighty dollar into our coffers (assuming favorable trade balances)? Do you not foresee the damage to our environmental safety laws that may be challenged in this corporatist court because provisions of our environmental protection laws might be deemed harmful the foreign profit motives.
Is there any constraint of human rights abuses of foreign workers that is enforceable against some of our trading partners. For instance, what about child labor and sex traffic ink in countries such as Malaysia. To my understanding under the TPP, there is no recourse against those counttries employing inhumane labor practices, despite the toothless recommendations that those countries “refrain” from such practices but without the legal authority of TPPartners to actually force countries into compliance with human rights practices which we in the U.S. take for granted.
In a previous correspondence to you I noted that the although the likelihood of economic betterment is there in further trade deals (such as the TPP), that benefit is mainly seen by the top 1% of income earners in this country. Is it your intention to allow the rigged economy of California and the other 49 to continue as is? If you, Senator, see this TPP as enhancement of the economic life of the U.S., then wouldn’t it be appropriate that as part of the fundamental change in the way business is conducted (via NAFTA, CAFTA, TPP) that there is a fundamental change in the distribution of wealth in this country so that the rich contribute their fair share (which under current tax laws) than they currently do.
TPP cannot and should not be viewed in isolation from festering issues in our country. Law does not exist in a vacuum. But the current “fast track” of which you approved, places TPP in a legalistically constructed bubble protecting it from full scrutiny by the American people.
I have sent this email to Senator Feinstein. I would like to encourage others of the DK community to do the same. You are welcome to include any of my verbiage if you feel it appropriate.