gjae nafta cafta state investor presentation

8/8/2019 GJAE NAFTA CAFTA State Investor Presentation

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INVESTOR WRONGS:INVESTOR WRONGS:

How CorporateHow CorporatePolluters UsePolluters UseStateState--InvestorInvestor

Provisions of FreeProvisions of FreeTrade AgreementsTrade Agreements

and Bilateraland Bilateral

Investment TreatiesInvestment TreatiesTo UndermineTo UndermineEnvironmentalEnvironmental

ProtectionProtectionwww.gjae.org


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GJAEGJAEPRINCIPLESPRINCIPLES-- AntiAnti--speciesism and animal rightsspeciesism and animal rights

-- Biodiversity and Ecosystem ProtectionBiodiversity and Ecosystem Protection

-- Sustainability and LocalismSustainability and Localism

-- Rejection of Neoliberalism andRejection of Neoliberalism and

GlobalismGlobalism-- Environmental JusticeEnvironmental Justice

-- Solidarity withSolidarity with

Indigenous PeoplesIndigenous Peoples


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What are Free Trade

Agreements?-Tariffs and Quotas

- Investment Rules

-Intellectual Property

- Procurement Rules


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Free Trade Agreements:Core Environmental Justice, Ecological,

and Animal Rights Concerns- Procurement rules undermine green, local, & humane purchasing

- State Investor provisions undermine environmental protection

- State-state ch

allenges to non-tariff barriers to trade vs. import banson unsustainable & inhumane products

- Agricultural liberalization expands industrial and animal-basedagriculture

- Transportation roads, fuel, roadkill, resources for vehicles

- Live animal exports (dolphins, fighting cocks)

- lack of indigenous consultation


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NAFTA EXPANDSNAFTA EXPANDSCORPORATE RIGHTSCORPORATE RIGHTS

- Corporationsallowed to suegovernments directlyfor profit loss under

Investor Protections(Chapter 11).

-Agriculture Included!


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NAFTA Chapter

11G

rants NewProtections toCorporateInvestors

UNBALANCED

PROTECTIONS


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Metalclad sues Mexico

- In th

e mid-1990s, th

e US firm,M

etalclad,attempted to build an incredibly environmentallyhazardous landfill in San Luis Patosi, Mexico butwas prevented by repeated political opposition.

- Metalclad suedMexico in 1997under Chapter 11of NAFTA,

winning the caseand over $16million dollars incompensation for

lost profits.


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Ethyl Corp Neurotoxin Protected

- In 1997, Chapter 11 of NAFTAallowed Ethyl Corp to sue Canadafor over $200 million in lostprofits when Canada banned

their fuel additive because itcontained manganese, a knownneurotoxin.

- Canada subsequently dropped

the environmental law, and paidEthyl a large settlement.


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Canadians Cattlemen Sue for Right to Spread

Mad Cow Disease

A group of Canadian cattlemen and feedlot owners sought compensation for losses incurredwhen the U.S. halted imports of live Canadian cattle after the discovery of a case of BSE(mad cow disease) in Canada in May 2003.January 2008: Claim dismissed on procedural grounds. Tribunal ruled that the cattlemen didnot have standing to bring the claim because they did not have an investment in the U.S., nor

did they intend to invest in the U.S.


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Methanex sues the US

- California phased out useofMBTE in fuel after finding

it was contaminating water.- Methanex, maker ofMTBE,sued under Chapter 11 ofNAFTA, tying up the State of

California for over 7 yearsbefore finally losing the casein 2005


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TheGlamisThreat

- Glamis Gold, a Canadian mining firm, sued theUnited States in 2003 for $50 million under Chapter11 of NAFTA, because their open pit mine wasrefused.- Several people have been killed after protestingGlamis's mine in Guatemala, and if the countryattempts to stop the corporation's corruption, it couldface a similar lawsuit.


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Tobacco Company Sues toAvoid Tobacco Settlement

Liability

Grand RiverEnterprises vs.US

A Canadian company is seeking damages over the 1998 U.S.Tobacco Settlement, which requires tobacco companies tocontribute to state escrow funds to help defray medical costs ofsmokers. Jurisdictional ruling dismissed some of the claims astime-barred, but permitted other claims relating to cigarettes sold

on Indian reservations to proceed to ah

earing on th

e merits.


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TransformerCompany Challenges CanadianPCB Ban, Wins $5 million

S.D. Meyers, a service company focused on transformers, challenged CanadianS.D. Meyers, a service company focused on transformers, challenged Canadianban of PCB exports that complied with multilateral environmental treaty on toxicban of PCB exports that complied with multilateral environmental treaty on toxic--waste trade.waste trade.

* Expropriation claim dismissed.* Expropriation claim dismissed.

* Claims of discrimination upheld and qualified as a violation of the minimum* Claims of discrimination upheld and qualified as a violation of the minimumstandard of treatment foreign investors must be provided under NAFTA.standard of treatment foreign investors must be provided under NAFTA.

* Foreign firms market share in another country could be considered a NAFTA* Foreign firms market share in another country could be considered a NAFTA--protected investment.protected investment.

* Canada petitioned to have the NAFTA tribunal decision overturned in a* Canada petitioned to have the NAFTA tribunal decision overturned in aCanadian Federal Court, but the court dismissed the case.Canadian Federal Court, but the court dismissed the case.

Thanks to NAFTA,, Canada will

soon be mine!!!


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Probable Carcinogen, linked to

melanomas, liver cancer, gallbladder cancer, biliary tract cancer,gastrointestinal tract cancer, andbrain cancer, and may be linked tobreast cancer.

Acute toxic effects - irritation of thenose and lungs, skin irritations suchas severe acne (chloracne) andrashes, and eye problems.

PCBs = POISON

Developmental effects - Children born with

significant neurological and motor controlproblems, including lowered IQ and poor short-term memory, decreased birthweightand head size, and psychomotor and behavioral impairment.


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Disrupted hormone function -

sh

ortened menstrual cycles,reduced sperm counts, altered sexorgans, premature puberty,changed sex ratios of children.

Immune system and thyroid effects

PCBs upset th

yroid balance, mayaffect growth, behavioral &psychomotor development. PCBsbind to receptors that controlimmune system function, disturbingthe amounts of some immune

system elements like lymphocytesand T cells. PCB levels tied to an

increased prevalence of earinfections and chickenpox and withlowered immune system function,and thus greater susceptibility to

disease


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Ourcommon philosophy isgovernedby Biblical principlesand values.


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Pesticide

ManufacturerSues CanadaU.S. chemical company

Crompton/Chemtura, a producer ofthe pesticide lindane, a hazardous

persistent organic pollutant, is suingfor $100 million, challenging avoluntary agreement between

manufacturers and the Canadian

government to restrict production.Claims involve discrimination,performance requirements,

expropriation and a violation of theminimum standard of treatment

rule.


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Lindane's Effects onHuman Health

Exposure to largeamounts of lindane

can harm thenervoussystem, producingarange ofsymptomsfrom headacheanddizziness to seizures,convulsionsandmorerarely death.

Prenatal exposure to -HCH,an isomer

oflindaneand production byproduct,has beenassociated with altered thyroidhormone levelsand could affect braindevelopment.

Lindane is known to be particularlyhazardous to children.

The persistent chemical showsup moreoften thanany otherpesticide in theArcticenvironment,contaminatingtraditional foods of indigenouscommunities in theregion.


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Lindane is a persistentorganic pollutant: it isrelatively long-lived in theenvironment, it istransported long distancesby natural processes likeglobal distillation, and it canbioaccumulate in food

chains, though it is rapidlyeliminated when exposureis discontinued.


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The production of lindane generates largeamounts of waste hexachlorocyclohexane

isomers, and it is estimated that "every ton oflindane manufactured produces about 9 tons of

toxic waste."


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When lindane is used inagriculture, an estimated 12-30% of it volatilizes into theatmosphere, where it is

subject to long-rangetransport and can bedeposited by rainfall.Lindane in soil can leach tosurface and even groundwater and can

bioaccumulate in th

e foodchain. However,biotransformation andelimination are relativelyrapid when exposure isdiscontinued. [12] Most

exposure of the generalpopulation to lindane hasresulted from agriculturaluses and the intake of foods, such as produce,meats and milk, produced

from treated agriculturalcommodities


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In 2009, governments around the world added the lindane to the list of

chemicals targeted for global ban under the Stockholm Convention(POPs treaty). All agricultural uses of lindane will be phased out underthe treaty, and any production of the neurotoxic pesticide is banned.Pharmaceutical uses for control of lice and scabies will (using existingstocks) are scheduled for full phase out by 2014.


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So Crompton/So Crompton/ChemturaChemturadropped the suit,dropped the suit,

right...?right...?


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At the end of the day, Chemtura seeks to hold the [Canadian PestManagement Regulatory Agency] responsible for the fact that it can nolonger profit from the sale of a toxic chemical that has beeninternationally banned based on demonstrated health andenvironmental concerns

-- Canadas counter memorial.


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When you read through a lot of these cases, you find somethingmissing namely common sense.

Jim Mays, Sierra Club Responsible Trade Program


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Dow AgroSciences LLC, a subsidiary of the U.S. Dow ChemicalCompany is suing Canada for $2 million under Chapter 11 forlosses it alleged were caused by a Quebec provincial ban on thesale and certain uses of lawn pesticides containing the activeingredient 2,4-D. Other Canadian provinces are considering

similar bans.

Dow Sues OverBanon Toxic 2, 4-D


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Responsiblefor:

- Bhopal disaster

- Birth defects from AgentOrange in Vietnam

-


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New studies indicate that 2,4-D reduces fertility in several ways. 2,4-D exposure is associated with low

sperm counts.

Toxic 2Toxic 2,,44--DD

2,4-D (and the entire family of phenoxy herbicides) is classified as possibly carcinogenic by the

International Agency for Research on Cancer. Studies of exposed farmers support this classification.

According to the most recent data collected by the U.S. Environmental Protection Agency, some 2,4-D

is contaminated with 2,3,7,8-TCDD, a potent dioxin.

M

onitoring by th

e U.S.G

eological Survey sh

owed th

at 2,4-D is frequently found in rivers and streams. Itis also often measured in air samples.

2,4-D causes genetic damage in plants in amounts too small to cause visible damage to the plants.D

causes genetic damage in plants in amounts too small to cause visible damage to the plants.

Monitoring by the U.S. Geological Survey showed that 2,4-D is frequently found in rivers and streams. It

is also often measured in air samples.

Symptoms of 2,4-D poisoning in exposed people include irritation and inflammation of eyes and skin,

hives, nausea, vomiting, throat irritation, headache, dizziness, coughing, and difficulty breathing.


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2,42,4--D use on lawns is linkedD use on lawns is linkedwith an increased riskwith an increased risk

of cancer in dogs.of cancer in dogs.


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CANADA'S BOREAL FOREST25 percent ofthe world'sremaining original forests

Canada's largest ecosystem,covering 58% ofthecountry

30% iscovered by wetlands,anestimated 1.5 million lakesand some ofthecountry's largest riversystems

Boreal ecosystemscontain the largest expanse offreshwaterin the world; more than 80 percent ofthe

world's liquid freshwaterisfound in the Boreal

More than 186 billion tonnes ofcarbonarestored in theCanadian Boreal's trees,soils, waterand peat equivalentto 913years' worth ofgreenhousegasemissions in Canada

Theglobal Boreal is the largest terrestrial carbonbank

account on the planet


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More than30 percent ofNorth America's birdMore than30 percent ofNorth America's bird

populationrelies on the Boreal forbreedingpopulationrelies on the Boreal forbreeding 325 bird species depend on Boreal shelterduring their325 bird species depend on Boreal shelterduring theirliveslives

Labrador's George Rivercaribou herd is the largest inLabrador's George Rivercaribou herd is the largest inthe worldthe world

The Boreal is home to large populations ofwolves,The Boreal is home to large populations ofwolves,bears, mooseand anumberofsmalleranimalsbears, mooseand anumberofsmalleranimals

More than 13 million ducksand waterfowl nest andMore than 13 million ducksand waterfowl nest andbreed in Canada's Boreal each yearbreed in Canada's Boreal each year

BIRDS OF THE BOREAL


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THE TAR SANDS:THE MOST ENVIRONMENTALLY

DESTRUCTIVE PROJECT ON THEPLANET

Tar sands mining is licensed to use twicethe amount of fresh water that the entire

city of Calgary uses in a year.

-At least 90% of the fresh water used in

th

e oil sands ends up in ends up in tailingponds so toxic that propane cannons areused to keep ducks from landing.

- Processing the oil sands uses enoughnatural gas in a day to heat 3 million

homes.- The toxic tailing ponds are considered

one of the largest human-madestructures in the world.

-The ponds span 50 square kilometersand can be seen from space.

-Producing a barrel of oil from the oilsands produces three times more

greenhouse gas emissions than a barrel

of conventional oil.


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BLAME NAFTA!BLAME NAFTA!

according to NAFTA'senergy proportionalityclause, Canada

isforced to provide 2 units ofexport foreveryunit producedfordomesticconsumption. IftheUS passes legislationagainst dirty oil, thiscould bechallenged underNAFTA.


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- In 2005, Congress passedthe Dominican Republic-

Central America Free

Trade Agreement.

- Includes the DominicanRepublic on top of

Guatemala, El Salvador,

Honduras, NicaraguaandCosta Rica

- Forced to eliminate tariffsand sanitary barriers onU.S.agricultural imports,allowingagribusiness toflood markets with cheappork, beef,chicken,eggs,

turkeyand dairy products.


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Pacific Rim vs.El Salvador

Canadian mining company,

Pacific Rim is already bringinga law suit against El Salvador,because El Salvador cancelledtheir permit to mine to conduct

open pit cyanide leach gold

mining near El Salvador'smajor river, the country'sprimary source of water..


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GJAE and TradeJustice NY Metro activists give away mock cyanidetainted water in front of the Canadian Consulate in New York City on the

first day ofhearings on Pacific Rim's case against El Salvador at theWorld Bank's International Center for the Settlement of Trade Disputes,

which arbitrates DR-CAFTA cases.


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PERU

passed in 2008


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Top Contributers in 2006 Total$

1) Occidental Petroleum 17k

2) Kleiner, Perkins, et al 16.7k

3) Intl. Brotherhood of Electrical Workers 15k

4) Sheet Metal Workers Union 15k

5) TimeWarner 13.2k

Pelosi's Big Deal!

Occidental is notorious for poisoning the Peruvian Amazon rainforest through its oilextraction operations and refusing to fund an adequate cleanup.


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May 10th Bipartisan Agreementon Trade: Icing ona Rotten Cake

MEAs built in, but without additionalMEAs built in, but without additionalenforcement resources ormandateenforcement resources ormandate

Special rules on mahogany, but not ipeSpecial rules on mahogany, but not ipeorcumaru.orcumaru.

Capseliminated onenvironmentalCapseliminated onenvironmental

suits, but statesuits, but state--investorprovisionsinvestorprovisions


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TAKE ACTION!

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House Ways and Means Chair Charlie Rangel grabs corporate cash andcolludes with an Occidental Petroleum corporate lobbyist to pass CowboyBush's US-Peru Free Trade Agreement in a TradeJustice NY Metro street

theater performance in front of Representative Rangel's office.


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No to FTAs withNo to FTAs with

Colombia, Panama,Colombia, Panama,and South Korea!and South Korea!

PANAMAPANAMA

http://www.dokumentarfoto.de/lateinamerika/panama/caminata/files/page28-1014-

full.jpgPANAMAPANAMA

COLOM

BIA

COLOM

BIA

SOUTHSOUTH

KOREAKOREA


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The TRADE ActThe TRADE ActIntroduced by Sherrod Brown (D-OH) in the

Senateand Mike Michaud (D-ME) in TheTrade Reform Accountability Developmentand Employment Act issupported byamajority ofthe Democrats in the House.

The TRADE Act callsforareassessment ofNAFTA with special attention to

environmental justiceand humanrights.


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BUILD ALLIANCESBUILD ALLIANCES

AGAINST CORPORATEAGAINST CORPORATEGLOBALIZATIONGLOBALIZATION


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SOLIDARITY!SOLIDARITY!

AIDS ACTIVISTS

LATIN AMERICAN SOLIDARITY GROUPS

PROGRESSIVE KOREAN & LATINO GROUPS

UNIONS, LABOR RIGHTS & ANTI-SWEATSHOP GROUPS

HUMAN RIGHTS and PEACE GROUPS

PROGRESSIVE CHURCHES

ANARCHISTS

SOCIALISTS AND COMMUNISTS

AND ANIMAL & ENVIRONMENTAL ACTIVISTSAND ANIMAL & ENVIRONMENTAL ACTIVISTS!

FAMILY FARMERS, CSAs, ORGANIC CO-OPSANTI-HUNGER ACTIVISTS

PROGRESSIVE DEMOCRATSFREE SOFTWARE ADVOCATES

STUDENT ACTIVISTS

FAIR TRADE ADVOCATES AND MERCHANTS

INDIGENOUS RIGHTS GROUPS

PEAK OIL AWARENESS & LOCAL SUSTAINABILITY ADVOCATES

SAFE FOOD ADVOCATESFEMINISTS

IMMIGRANT RIGHTS GROUPS

PAN-AFRICANIST AND CIVIL RIGHTS GROUPS

TENANTS RIGHTS & ANTI-GENTRIFICATION GROUPS


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What Can We Do?

* Build alliances* Build alliances labor,solidarity,environment,labor,solidarity,environment,religion, AIDS,ethniccommunitygroups, & more..religion, AIDS,ethniccommunitygroups, & more..* Educateelected officials* Educateelected officials -- lobby!lobby!* Write Op* Write Op--edsand letters to theeditor.edsand letters to theeditor.* O

rganize

c

ommun

ityforu

ms.

* Organ

ize

c

ommun

ityforu

ms.* Tablestreet fairs,communityevents,etc.* Tablestreet fairs,communityevents,etc.

* Get attention!* Get attention! ---- protests,street theater,civilprotests,street theater,civildisobedience.disobedience.* Keep on buzzing! Shadow! Phone! Fax! Email!* Keep on buzzing! Shadow! Phone! Fax! Email!

" Ifyou think youare too small to beeffective,you'veneverbeen in bed with a mosquito."--Authorunknown


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Thisiswhat democracyThisiswhat democracy

lookslik

e!looks

lik

e!

gj o ggj o g

gjae nafta cafta state investor presentation

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