00:00:04.069 this is a story about peril in the 00:00:07.07000:00:07.080 Pacific it's the story about a new u.s. 00:00:10.94000:00:10.950 sponsored trade agreement called the 00:00:13.16000:00:13.170 trans-pacific partnership 00:00:18.04000:00:18.050 [Music] 00:00:25.68900:00:25.699 eleven countries are now engaged in TPP 00:00:28.64000:00:28.650 negotiations the United States Canada 00:00:32.11900:00:32.129 Mexico Peru Chile Australia New Zealand 00:00:37.03000:00:37.040 Singapore Malaysia Brunei and Vietnam 00:00:41.17000:00:41.180 Japan is also considering joining the 00:00:43.79000:00:43.800 talks and other Pacific Rim countries 00:00:46.04000:00:46.050 may participate in the future the u.s. 00:00:52.46000:00:52.470 model for the trans-pacific trade deal 00:00:54.17000:00:54.180 needs to be completely remade top to 00:00:56.75000:00:56.760 bottom Friends of the Earth is calling 00:00:59.18000:00:59.190 for a fair deal for people in the planet 00:01:01.31000:01:01.320 or no deal at all an obsessive secrecy 00:01:05.69000:01:05.700 surrounds the negotiations the public 00:01:08.33000:01:08.340 the press and even members of the US 00:01:11.38900:01:11.399 Congress are denied access to the 00:01:14.24000:01:14.250 negotiating text what are they hiding 00:01:18.79000:01:18.800 first that the TPP is being written 00:01:21.98000:01:21.990 under the supervision of multinational 00:01:24.85900:01:24.869 corporations the TPP text is secret to 00:01:29.60000:01:29.610 all except so-called cleared advisors in 00:01:33.16000:01:33.170 the United States there are over 600 00:01:36.26000:01:36.270 such clear trade advisors almost all of 00:01:39.85900:01:39.869 whom represent corporations or industry 00:01:42.98000:01:42.990 groups second they are hiding the fact 00:01:46.34000:01:46.350 that the TPP is not so much about trade 00:01:48.85900:01:48.869 as it is about deregulating the Pacific 00:01:51.35000:01:51.360 economy providing super rights to 00:01:54.17000:01:54.180 corporations 00:02:04.25000:02:04.260 on the morning of Wednesday June 13 2012 00:02:09.78000:02:09.790 the TPP investment chapter was leaked 00:02:13.76000:02:13.770 the investment chapter is perhaps the 00:02:16.92000:02:16.930 most important and the most dangerous 00:02:19.28000:02:19.290 section of the whole agreement the 00:02:23.04000:02:23.050 leaked text put authority over 00:02:25.74000:02:25.750 environmental in climate policy into the 00:02:28.77000:02:28.780 hands of business friendly international 00:02:30.74000:02:30.750 tribunals many of them convened by the 00:02:34.20000:02:34.210 World Bank in Washington DC and so what 00:02:37.35000:02:37.360 did the corporation's affected do they 00:02:39.18000:02:39.190 run to these international trade courts 00:02:41.16000:02:41.170 and try to become more powerful than 00:02:44.37000:02:44.380 governments themselves they try to 00:02:46.14000:02:46.150 essentially replace democracy and public 00:02:49.35000:02:49.360 policy with the rules that the 00:02:51.30000:02:51.310 corporations write corporations would 00:02:53.61000:02:53.620 like to just fight these battles with 00:02:55.32000:02:55.330 high-priced lawyers in closed rooms in 00:02:58.35000:02:58.360 Washington DC 00:03:00.23000:03:00.24000:03:05.69900:03:05.709 the investment chapter would have 00:03:08.25900:03:08.269 dangerous implications for the 00:03:09.94000:03:09.950 environment a similar provision of the 00:03:13.24000:03:13.250 US Ecuador bilateral investment treaty 00:03:15.91000:03:15.920 allow the oil giant Chevron to sue the 00:03:20.08000:03:20.090 government of Ecuador in the mid-1960s 00:03:25.02000:03:25.030 Texaco which is now Chevron develop the 00:03:29.35000:03:29.360 oilfield in the eastern ecuadorian 00:03:31.86900:03:31.879 amazon the indigenous and local people 00:03:34.53900:03:34.549 who live in this area say that Texaco 00:03:38.06900:03:38.079 deliberately dumped billions of gallons 00:03:42.43000:03:42.440 of toxic waste waters drilling muds and 00:03:45.16000:03:45.170 oil into their environment causing a 00:03:47.25900:03:47.269 social cultural and environmental crisis 00:03:49.97900:03:49.989 jwharam 00:03:51.12900:03:51.139 a school public chamber on a destroyed 00:03:53.80000:03:53.810 of todo lo que es nuestra casa natural 00:03:56.37900:03:56.389 this area was a pristine rainforest one 00:04:00.12900:04:00.139 of the most ecologically diverse places 00:04:02.08000:04:02.090 on the planet and the homeland to many 00:04:04.42000:04:04.430 indigenous cultures but after Texaco 00:04:07.08900:04:07.099 arrived it became a tropical wasteland 00:04:10.61900:04:10.629 literally they would drill for oil and 00:04:13.19900:04:13.209 dump the formation waters the drilling 00:04:16.18000:04:16.190 muds they would just dump them into 00:04:17.71000:04:17.720 online waste pits hundreds of online 00:04:20.05000:04:20.060 waste pits Olympic size pool online 00:04:23.26000:04:23.270 wastage and of course because it's a 00:04:25.68900:04:25.699 rainforest these waste pits would 00:04:28.27000:04:28.280 overflow into rivers and streams causing 00:04:31.33000:04:31.340 what experts say is a reinforced 00:04:33.12900:04:33.139 Chernobyl 00:04:44.32000:04:44.330 the indigenous people and poor settlers 00:04:47.87000:04:47.880 of the Oriente region suffered an 00:04:50.75000:04:50.760 epidemic of cancer and other illnesses 00:04:52.81000:04:52.820 they say resulted from Texaco stumping 00:04:56.74000:04:56.750 death miscarriages and birth defects cut 00:05:01.76000:05:01.770 a swath through communities threatening 00:05:04.37000:05:04.380 some indigenous groups with extinction 00:05:09.23000:05:09.240 the destruction of the Ecuadorian 00:05:11.42000:05:11.430 rainforest with its world-class 00:05:13.87000:05:13.880 biodiversity was also devastating this 00:05:18.23000:05:18.240 rainforest Chernobyl affected an area 00:05:21.32000:05:21.330 the size of Rhode Island and a 00:05:23.83900:05:23.849 court-appointed independent expert in 00:05:25.96900:05:25.979 Ecuador found that the damages from the 00:05:28.46000:05:28.470 dumping amounted to twenty seven billion 00:05:31.33900:05:31.349 dollars indigenous groups and 00:05:35.51000:05:35.520 communities sought justice through the 00:05:37.93900:05:37.949 courts and after 18 years of litigation 00:05:41.51000:05:41.520 a provincial court in Ecuador ruled in 00:05:45.05000:05:45.060 favor of the communities ordering 00:05:47.77900:05:47.789 Chevron to pay 18 billion dollars but On 00:05:52.73000:05:52.740 February 17 2012 an international 00:05:56.68900:05:56.699 tribunal established under the US 00:05:59.54000:05:59.550 Ecuador bilateral investment treaty put 00:06:03.02000:06:03.030 all that in jeopardy the tribunal told 00:06:07.46000:06:07.470 the president the Parliament and the 00:06:10.07000:06:10.080 courts of Ecuador to suspend enforcing 00:06:13.12900:06:13.139 the judgment against Chevron 00:06:24.24000:06:24.250 people around the world wherever I 00:06:26.07000:06:26.080 travel are dismayed by the Chevron 00:06:28.11000:06:28.120 tribunals actions but the underlying 00:06:30.33000:06:30.340 problem is the flawed model for us 00:06:33.12000:06:33.130 bilateral investment treaties and 00:06:34.86000:06:34.870 investment chapters in free trade 00:06:36.90000:06:36.910 agreements the u.s. Ecuador bilateral 00:06:39.84000:06:39.850 investment treaty is typical because it 00:06:41.79000:06:41.800 favors the profits of big oil companies 00:06:43.80000:06:43.810 mining multinationals and the wealthy so 00:06:48.24000:06:48.250 why is it that the people that have 00:06:50.28000:06:50.290 suffered the most the local and 00:06:52.26000:06:52.270 indigenous populations why is it that 00:06:54.72000:06:54.730 they don't have a voice at the 00:06:56.31000:06:56.320 international investment tribunal why is 00:06:59.04000:06:59.050 it that US policy favors financial 00:07:01.83000:07:01.840 interests and big corporate interests 00:07:03.42000:07:03.430 like those of Chevron over those of the 00:07:05.43000:07:05.440 people or the environment the 00:07:07.23000:07:07.240 overreaching of the Chevron tribunal 00:07:09.42000:07:09.430 should be a warning to negotiators from 00:07:11.52000:07:11.530 the United States and other Pacific 00:07:12.99000:07:13.000 countries as they meet in coming months 00:07:15.21000:07:15.220 to fashion a trans-pacific partnership 00:07:16.98000:07:16.990 trade agreement the investment chapter 00:07:20.82000:07:20.830 of the proposed trans-pacific 00:07:21.99000:07:22.000 partnership would in effect create a 00:07:24.21000:07:24.220 separate Court for capital now the 00:07:26.58000:07:26.590 arbitrator's are the judges in these 00:07:28.65000:07:28.660 tribunals are typically international 00:07:30.90000:07:30.910 commercial lawyers who may one day serve 00:07:33.63000:07:33.640 as independent quote unquote arbitrators 00:07:36.57000:07:36.580 and then on the next day return as 00:07:38.49000:07:38.500 corporate counsel the other thing is 00:07:41.70000:07:41.710 that most arbitrators are actually from 00:07:43.50000:07:43.510 the United States and Western Europe 00:07:45.03000:07:45.040 while most boo defendants are from the 00:07:47.49000:07:47.500 global south and so I call this a 00:07:49.68000:07:49.690 kangaroo court the TPP investment 00:07:54.03000:07:54.040 chapter would provide greater rights for 00:07:56.07000:07:56.080 foreign investors these super rights for 00:07:58.56000:07:58.570 big oil big pharma and wall street 00:08:00.93000:08:00.940 investors go far beyond domestic 00:08:03.30000:08:03.310 constitutional protections of property 00:08:05.19000:08:05.200 rights and due process in the United 00:08:07.29000:08:07.300 States in fact the u.s. already favors 00:08:10.11000:08:10.120 property rights and corporate rights far 00:08:12.27000:08:12.280 greater than almost every other country 00:08:13.98000:08:13.990 in the world the worst thing about the 00:08:16.38000:08:16.390 proposed TPP investment chapter is that 00:08:18.96000:08:18.970 it would likely result in crippling 00:08:20.64000:08:20.650 Awards of money damages against 00:08:23.10000:08:23.110 scalloping countries now developing 00:08:25.71000:08:25.720 countries some of them face billions in 00:08:28.02000:08:28.030 liability and just the fear of such 00:08:30.65900:08:30.669 ruinous judgments will force countries 00:08:33.12000:08:33.130 to settle investor 00:08:35.06000:08:35.070 even the ones that are unjust worse 00:08:37.82000:08:37.830 countries will actually back away from 00:08:40.15000:08:40.160 instituting new legislation and 00:08:42.29000:08:42.300 regulations designed to protect the 00:08:44.54000:08:44.550 environment protect public health and 00:08:46.61000:08:46.620 the Public Interest some people call 00:08:49.40000:08:49.410 this the chilling effect I call it the 00:08:52.76000:08:52.770 deep freeze where you have sovereign 00:08:55.37000:08:55.380 democracies that will actually be afraid 00:08:57.80000:08:57.810 of regulating for the environment and 00:09:00.59000:09:00.600 for people and people power is the way 00:09:11.12000:09:11.130 to fight for a fair deal the people have 00:09:14.51000:09:14.520 been demanding a fair deal all around 00:09:17.06000:09:17.070 the Pacific Rim Jesse Jackson and Ben & 00:09:21.32000:09:21.330 Jerry's spoke out in Chicago 00:09:23.71000:09:23.720 the Peruvian people called for a fair 00:09:27.08000:09:27.090 deal in Australia environmentalists and 00:09:31.16000:09:31.170 trade unionists marched in solidarity 00:09:34.90000:09:34.910 the Japanese called for economic justice 00:09:39.94000:09:39.950 opposition to corporate power is 00:09:42.05000:09:42.060 building in New Zealand Malaysians are 00:09:45.86000:09:45.870 defending their national sovereignty 00:09:49.03000:09:49.040 they are speaking out against the 00:09:52.01000:09:52.020 international trade regime that pays 00:09:54.53000:09:54.540 polluters rather than making polluters 00:09:57.38000:09:57.390 pay they are speaking out against the 00:10:00.83000:10:00.840 system in which property rights Trump 00:10:03.11000:10:03.120 environmental responsibility they're 00:10:06.38000:10:06.390 speaking out against kangaroo courts 00:10:09.02000:10:09.030 making economic policy for the Pacific 00:10:11.75000:10:11.760 region and saying that it's time to 00:10:15.38000:10:15.390 throw the secret drafts of the 00:10:17.21000:10:17.220 trans-pacific partnership into the 00:10:19.61000:10:19.620 dustbin 00:10:30.38000:10:30.39000:10:35.59000:10:35.60000:10:56.88900:10:56.899 you 00:10:59.04000:10:59.050
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