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In the 1960s it seemed as if the Third World was in flames, fueled by
anti-imperialist struggles from Cuba to Vietnam, Bolivia to Algeria.

At a "Lean Workplace School" for union members, sponsored by the monthly
magazine Labor Notes in 1996, the discussion centered around how
to fight employers' speed-up and worker-manageme

An odd thing has happened in the obscure but spirited fight activists
are waging against NAFTA's notorious Chapter 11 and the exclusive legal
privileges it gives to multinational investors. The Chapter 11
opposition is going mainstream and respectable. Not so long ago, the
only folks raising the alarm were globalization critics like Public
Citizen's Global Trade Watch or the Sierra Club--people the Wall
Street Journal
likes to describe as "Luddite wackos." But what will
the Journal's editorial writers say about the National
Association of Attorneys General? Or the National League of Cities, the
US Conference of Mayors and the National Conference of State
Legislatures? These organizations and some others have studied what the
critics say about Chapter 11's true meaning and concluded, Good grief,
they're right! This so-called "investor protection" poses a fundamental
threat to state and local governments' ability to enact laws that
protect the public's health and general welfare.

The issue is currently in play again because the Bush Administration
(and all right-thinking free-trade cheerleaders) is pushing to expand
the same doctrine in the proposed Free Trade Area of the Americas and
asking Congress for blank-check authority to negotiate (better known as
"fast track"). But this time Congressional skepticism is alive and
growing, stoked partly by the prestigious, bipartisan expressions of
concern. Chapter 11 was a sleeper provision in NAFTA that essentially
established a private court for capital--secretive arbitration tribunals
where corporations can bring suits for huge damage claims against the
United States, Canada or Mexico over new regulatory laws or other
actions that may crimp their profit-making. Chapter 11 borrows
property-rights language from the US right wing's domestic "takings"
movement and goes far beyond settled US legal doctrine [see Greider,
"How the Right Is Using Trade Law to Overturn American Democracy,"
October 15, 2001]. That is what alarms the state and local officials.
The Conference of Chief Justices from state Supreme Courts is also
expected to weigh in on the sovereignty issue.

Senator John Kerry is leading the fight for a corrective fast-track
amendment that would instruct the Administration not to negotiate any
new agreement that gives foreign investors greater rights than US
citizens. As a possible presidential candidate, Kerry has a big
problem--he has been an unblinking supporter of trade agreements, so he
has to show environmentalists and labor that he's not totally owned by
the multinationals. If his measure prevails, fast track must go back to
the House, where it was passed by only one vote in December. The
legislative action in any case educates and builds momentum for the
longer fight against these investor-dictated rules stealthily imposed by
so-called free-trade agreements.

The trouble with Kerry's amendment--and with fast-track authority in
general--is that these legislative instructions are really no more than
limp-wristed guidance. The negotiators can ignore Congress, as they have
in the past, and probably get away with it. A pending amendment with
much more bite, first proposed by Charles Rangel and Sander Levin in the
House, would create a mechanism for genuine Congressional leverage over
trade negotiations: the right of either chamber to force a vote on
withdrawing fast-track approval if the negotiators are straying from
their instructions. That would begin to bring daylight and
accountability to the murky politics of globalization. It would also
restore responsibility to where the Constitution says it belongs--in
Congress, not the White House.

How are we to read the International Conference on Financing for Development, which recently concluded in Monterrey, Mexico? Just another United Nations talkathon?

On the eve of George W. Bush's recent tour of Latin America, Mexican writer Carlos Fuentes equated the advantages of a global free market with the peaks of the Himalayas, characterizing them as summits so inaccessible that the poor cannot even see them, let alone scale them. Fifteen years of US-prescribed free markets and trade liberalization in Latin America have generated an average annual growth rate of only 1.5 percent, far short of the 4 percent needed to make a serious dent in poverty levels. Add to that the Mexican peso meltdown of 1994, economic stagnation in Central America, the Brazilian currency crisis of three years ago, the political and economic collapse of Peru, endless war in Colombia, coup jitters in Venezuela and the staggering crash in Argentina, and one can understand Fuentes's pessimism.

"Trade means jobs," Bush said as he met with regional leaders and promised a harvest of benefits from his proposed Free Trade Area of the Americas (FTAA)--a thirty-two-nation pact Washington hopes to implement by 2005. But for all Bush's talk of a prosperous hemispheric future, his policy initiatives are mired in a cold war past. The Administration has just anointed a former Oliver North networker and interventionist hawk, Otto Reich, to head the State Department's Latin America section. And much as in the days of the Reagan wars in Central America that Reich helped promote, the Bushies seem to believe that the region's ills are better solved by guns than butter. No sooner had Washington signed off on the sale of a new fleet of F-16s to Chile (ending a two-decade ban on sophisticated-weapons sales to Latin America) than the Administration began asking Congress to increase military aid to Colombia and to lift all restrictions on its use. Those critics who argued that the $1.3 billion antidrug "Plan Colombia" would suffer mission creep and inevitably morph into a prolonged counterinsurgency war are now seeing their darkest fears confirmed.

On the economic front, Bush offered little more than warmed-over trickle-down Reaganomics to a continent in desperate need of a lift from the bottom up (the three countries he visited--Mexico, Peru and El Salvador--all suffer poverty rates of 50 percent or more). Certainly not lost on his Latin American audiences was the one-sided nature of the free trade offered by Bush. For nearly two decades now, Latin Americans have been told that by adhering to the "Washington Consensus" of market liberalization they will be able to partake of the rich American pie. But the cold fact is that the US market has remained closed to a cornucopia of Latin American goods.

Some remedy was found in the past decade's Andean Trade Preference Act, designed to lure impoverished Latin Americans away from local drug economies by allowing them to freely export a list of 4,000 goods into the United States. But since ATPA expired last year, the Senate and the White House have balked at its reauthorization because of protectionist pressure from conservative, primarily Southern, textile and agriculture interests. Its reinstatement could shift 100,000 farmers in Peru alone from coca to cotton cultivation.

Washington's refusal to depart from such unequal and inflexible models has--unwittingly--provoked some positive alternative stirrings. The use of armored cars and tear gas barrages in downtown Lima during the US-Peruvian presidential meeting was an official acknowledgment of the growing restlessness with the status quo. Newly elected President Alejandro Toledo has seen his popularity plummet to 25 percent as he has failed to offer economic alternatives. In Brazil center-left candidate Luiz Ignacio "Lula" Da Silva leads in this fall's presidential polls and vows to block the FTAA if elected. Even the incumbent, more conservative, President Enrique Cardoso has begun to steer Brazil toward more independence from Washington. It's still too early to predict how the developing debacle in Argentina will play out.

Finally, El Salvador, where Bush ended his Latin American tour, couldn't have provided a more fitting showcase for the current disjuncture between Washington and its southern neighbors. During the 1980s the United States was willing to spend billions to fight a war against leftist insurgents and promised a bright, democratic future. That conflict was settled ten years ago with a pact that opened up the political system but did nothing to address the social ills that provoked the war in the first place. And once the guerrillas were disarmed, Washington lost interest; in the past decade US aid has been reduced to a paltry $25 million a year. Today El Salvador languishes with vast unemployment, radical economic disparities and a murder rate forty times higher than that of the United States.

Democrats like California Assembly Speaker Antonio Villaraigosa are probably right when they claim that Bush's trip was aimed more at luring the domestic Latino vote than at building bridges to the South. During his 2000 campaign, Bush excoriated Bill Clinton for squandering a chance to improve relations with Latin America. But now Bush seems to be following in that same sorry tradition.

A report from Porto Alegre on the "antiglobalization" movement.

Blogs

Fast track is headed back to the Senate. 

June 22, 2015

Activists manage to convince the House of Representatives to reject fast-track of the Trans-Pacific Partnership on Friday but the fight isn't over.

June 17, 2015

Walmart's sustainability record is anything but ethical.

June 5, 2015

We have a real chance to stop a trade deal that threatens to be disastrous for the environment, jobs, and Internet freedom. 

June 3, 2015

Senate cloture vote limits debate, restricts amendments and erects another barrier to honest discourse about trade policy.

May 21, 2015

“We need to get started fixing all this,” says Wisconsin progressive.

May 14, 2015

The president’s suggestion that his critics do not understand trade issues is “absolutely inaccurate.”

May 11, 2015

How Bolivian protesters and global activists exposed the dark side of global trade pacts and paved the way for the battles to come.

April 29, 2015

This is the time to break with Obama, and her own past, by siding with labor, environmentalists, human rights activists.

April 17, 2015

Workers’ willingness to take direct action could stem from a recognition that the golden era of Chinese manufacturing is on the wane.

April 9, 2015