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Back to Trans-Pacific Partnership Agreement

Trans-Pacific Partnership Agreement (TPP):
Do We Want to Create This Monster?


by Christina Imhoof, Vera Moldt, Eleanora Robbins, and Kristen Smith
Position Paper by Women Occupy San Diego

San Diego, California

1. ICSID. Caseload Statistics 2012. Available here.

2. Dr. Kyla Tienhaara, Regulatory Institutions Network, Australian National University. “Investor-State Dispute Settlement in the Trans-Pacific Partnership Agreement - Submission to the Department of Foreign Affairs and Trade - 19 May 2010,” p. 5.
Available at:
citing Charles N. Brower, Charles H. Brower and Jeremy Sharpe, ‘The Coming Crisis in the Global Adjudication System’ (2003) 19 Arbitration International 415; Susan Franck, ‘The Legitimacy Crisis in Investment Treaty Arbitration: Privatising Public International Law through Inconsistent Decisions’ (2005) 73 Fordham Law Review 1521.

3. Id.

4. Id. at 6.

5. ICSID. Grounds for annulment are limited to the ad hoc committee’s finding of one of the following factors: (a) the Tribunal was not properly constituted; (b) the Tribunal manifestly exceeded its powers; (c) there was corruption on the part of a Tribunal member; (d) there was a serious departure from a fundamental rule of procedure; or (e) the award failed to state the reasons on which it is based.Background Paper on Annulment For the Administrative Council of ICSID (August 10, 2012) Available here.

6. Carlos Huerta. “Greece’s Road to the Future.” THE GROWING DISCUSSION ABOUT FOOD NEWSLETTER, Vol. 1, Number 2, pp. 1-2 (March 2013).
Available at:

7. Id.

8. International Planning Committee for Food Sovereignty. " DEFINITION OF FOOD SOVEREIGNTY (FROM THE 2007 DECLARATION OF NYÉLÉNI). Available at:

9. Arthur Stamoulis. Citizens Trade Campaign. “Seven Reasons to Fight the TPP.” Available at: .
10. Id.

11. Id.

12. Margaret Schneider. “Why doesn't the state of California sue Methanex for the remediation of MTBE contamination, as well as direct, indirect and anticipated human health costs?” Institute for Trade and Commercial Diplomacy. Trade And Environment - A TEACHING CASE - MTBE AND NAFTA, 1 (undated). Available at: .

13. Annex I: NAFTA Chapter 11 excerpts. Id. at 2.

14. Id.

15. Id. The text states word-for-word as follows:
Article 1114: Environmental Measures
1. Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental concerns.
2. The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures. Accordingly, a Party should not waive or otherwise derogate from, or offer to waive or otherwise derogate from, such measures as an encouragement for the establishment, acquisition, expansion or retention in its territory of an investment of an investor. If a Party considers that another Party has offered such an encouragement, it may request consultations with the other Party and the two Parties shall consult with a view to avoiding any such encouragement.

16. Sarah V. Stewart. “Testimony of Sarah V. Stewart Special Counsel, International Trade Policy, Humane Society International” (March 4, 2009); available at:

17. Id.

18. Robert E. Scott, EPI. “The high price of ‘free’ trade: NAFTA’s failure has cost the United States jobs across the nation,” 3 (November 17, 2003) Available at:

19. J. F. Hornbeck, CRS Report for Congress: “NAFTA at Ten: Lessons from Recent Studies,” 4-5 (February 13, 2004); Available at:

20. Edward Alden, Senior Fellow, Council on Foreign Relations. “NAFTA's Economic Impact.” (July 9, 2009)
Available at:

21. Doctors Without Borders/MSF. Press Release: As Clock Ticks Towards Trans-Pacific Trade Pact Deadline, U.S. Must End Stall Tactics on Access to Medicines (March 4, 2013); available at:

22. Id.

23. Id.

24. Id.

25. Id.

26. See

27. Reilly Yeo and Steve E. Anderson. The Blog: ” Dragged Before a Judge Just for Clicking on the Wrong Link?“ Huffington Post (7/12/2012). Available at:

28. Id. at Comments.

29. Katitza Rodriguez. “TPP: Biggest Threat to Global Internet Since ACTA?” Global Voices Advocacy – Defending Free Speech Online. (May 1, 2013) Available at:

30. Id.

31. Id.

32. Elizabeth Warren. Letter to Michael Froman, dated June 13, 2013. Available at:

33. Citigroup. Ajay Kapur, CFA, Niall Macleod, Narendra Singh. “Industry Note: Equity Strategy – Plutonomy: Buying Luxury, Explaining Global Imbalances,” 1, (October 16, 2005); available at

34. Id. at 22.

35. Id. at 21.

36. Id. at 23.

Published in In Motion Magazine August 14, 2013

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