Here’s a great new cause for the tea party
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Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free _Mother Jones Daily_. Harold Meyerson writes today about something called the Investor-State
Dispute Settlement provision, a feature of most trade agreements since the Reagan administration. Basically, it means that if, say, a Mexican company objects to a regulation in Texas, it can
sue Texas. But not in a US court. Instead the case is heard in a special extra-governmental tribunal: > The mockery that the ISDS procedure can make of a nation’s laws > can be
illustrated by a series of cases. In Germany in 2009, the > Swedish energy company Vattenfall, seeking to build a coal-fired > power plant near Hamburg, used ISDS to sue the government
for > conditioning its approval of the plant on Vattenfall taking measures > to protect the Elbe River from its waste products. To avoid paying > penalties to the company under
ISDS (the company had asked for $1.9 > billion in damages), the state eventually lifted its conditions. > > Three years later, Vattenfall sued Germany for its post-Fukushima >
decision to phase out nuclear power plants; the case is advancing > through the ISDS process. German companies that owned nuclear power > plants had no such recourse. > > After
Australia passed a law requiring tobacco products to be sold > in packaging featuring prominent health warnings, a Philip Morris > subsidiary sued the government in Australian court
and lost. It also > sued the government through the ISDS, where the case is still > pending. The health ministry in next-door New Zealand cited the > prospect of a Philip Morris
victory in ISDS as the reason it was > holding up such warnings on cigarette packages in its own country. Meyerson wants to know why Democratic presidents continue to support ISDS, but
I’m more interested in why the tea party crowd hasn’t yelled itself hoarse over this. After all, this is a tailor-made example of giving up US sovereignty to an unaccountable international
organization, something that normally prompts them to start waving around pocket copies of the Constitution and going on Hannity to complain that President Obama is trying to sabotage
America. Agenda 21, anyone? So why not this time? I guess it’s because ISDS is normally used by big corporations to challenge environmental laws. So which do you hate more? The EPA or an
unaccountable international organization? Decisions, decisions….