In an increasingly interconnected world, regional pacts to promote greater economic integration could be a positive but only if it is forged in New Zealand’s interests.
The TPPA will not be just another free trade agreement. Only five of the 29 TPPA chapters deal with traditional free trade issues such as tariffs and non-tariff barriers. It will reach far ‘beyond the border’ into areas such as investment, competition, regulations, environment, and labour.
All negotiating texts and other materials such as proposals of each Government are secret. Public discussions have had to rely on leaked texts while select corporate stakeholders, particularly in the US, not only have confidential access but also are playing an active role in creating the proposed text of the agreement.
Expert analysis of leaked negotiating texts of chapters dealing with ‘beyond the border’ areas have shown the potential for deep negative impacts on New Zealand and others.
Negotiating 'beyond the border' type issues in secret is justified by governments as standard practice for free trade agreements. However, these issues are far beyond typical areas included in free trade agreements. The right standard for judging the TPPA secrecy is open discussions held in multilateral fora like the World Trade Organisation and the World Intellectual Property Office.
The TPPA has become a tool for a country's corporate interests to negotiate with foreign governments. While free trade agreements were primarily government-to-government negotiations with balanced commercial and public policy interests, the TPPA represents narrow corporate profit maximisation objectives taking on 'partner' governments by constraining their future domestic law-making abilities. This represents an unprecedented challenge to sovereignty and independence.
One particular concern is the proposed Investor-State Dispute Settlement (ISDS) provisions which will enable overseas corporates to sue the New Zealand government for millions in damages in secretive offshore tribunals. Under ISDS, foreign investors could claim that new laws and regulations introduced by the New Zealand government have breached their special rights under the TPPA and seriously undermined the value of their investments.
There is no evidence that ISDS is actually required to increase investment or that it even works to do so.
Another area of concern from the perspective of New Zealand's independence is 'regulatory coherence'. The stated aim is to achieve greater domestic coordination of regulations and increase transparency within economically integrated countries or regions.
However, in combination with other TPPA provisions, regulatory coherence has been subverted by narrow corporate interests to advance their interests while neutering competing national priorities and democratic political institutions.
None of the lessons and shortcomings of the TPPA are being recognised or accepted. Even the potential gains from the TPPA are increasingly becoming illusionary, for example increased access for New Zealand's agricultural produce are being threatened by bilateral US-Japan negotiations.
There is a danger that the nascent TISA (Trade in Services Agreement) will turn into another TPPA.
Source: Internet Party Independence policy
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