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
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