THE TRANS-PACIFIC Partnership may be the largest free trade agreement you’ve never heard of. Or if you have heard of the TPP, it’s likely due to media reports about efforts by President Obama to fast-track the agreement through legislative hurdles. Still, details of the agreement and its secret negotiation process are sparse. Were it not for released drafts of the document and sub-chapters made available by the whistle-blowing site WikiLeaks, it is likely the general public would know little to nothing of the accord.
Building on the foundation of a 2006 economic partnership agreement adopted to encourage trade between Brunei, Chile, New Zealand, and Singapore, the TPP’s expansion of the agreement grows the number of participant nations to 12, adding Australia, Canada, Japan, Malaysia, Mexico, Peru, Vietnam, and the United States. The combined economic force of these nations would dominate global trade, representing roughly $28 trillion—nearly 40 percent—of the world’s gross domestic product.
But the magnitude of this trading pool isn’t what concerns most critics of the TPP. What is more troubling to labor, environmental, and health groups are the powers seemingly granted to multinational corporations by the agreement and the unilateral easing of climate change laws that serve to restrain industrial nations from disproportionate consumption and pollution.
Expanded corporate powers are nothing new for international trade agreements. The North American Free Trade Agreement (NAFTA) gave rise to a legal quagmire that has allowed Exxon Mobil to challenge Canadian offshore drilling regulations, Dow Chemical to bypass local guidelines to expand pesticide production and waste disposal in Mexico, and Eli Lilly to enforce U.S.-issued drug patents and prices outside the country. Previously, under World Trade Organization treaty guidelines, a corporate entity needed to persuade its host country to challenge the trade laws of another. Corporations could not directly litigate against a sovereign nation or its policies.
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