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.
As January turned into February, the most important people in the world gathered themselves together in midtown Manhattan for the annual World Economic Forum. Normally held in Davos--the Swiss ski resort previously famous for being the site of Thomas Mann's The Magic Mountain--the meeting was shifted to New York this year as an act of solidarity with a city wounded on September 11.
Healing, though, wasn't much in evidence. To protect the 3,000 delegates--businesspeople, academics, journalists and random celebrities--the area around the Waldorf-Astoria was sealed off with metal fences, dump trucks filled with sand and 4,000 members of the NYPD. Of course, the intention was to keep out the thousands of activists who'd come to protest them, not to mention terrorists who might dream of taking out a good chunk of the global elite in one deadly action.
Thankfully, no mad bombers showed up. And though the protesters were kept well away from what was dubbed the Walled-Off-Astoria, their influence was nonetheless clearly felt. One attendee, Bill Gates, the richest person on earth, actually welcomed them, saying: "It's a healthy thing there are demonstrators in the streets. We need a discussion about whether the rich world is giving back what it should in the developing world. I think there is a legitimate question whether we are."
That Gates said something like that--leaving aside for a moment just what it means--is one sign of how the political environment has changed over the past few years. Another is the evolution of the WEF itself. The forum was founded in 1971 by Klaus Schwab, a Swiss professor of business, policy entrepreneur and social climber. At first it was a quiet and mostly European affair, with executives and a few intellectuals discussing the challenges of what was not yet called "globalization." But it grew over time, gaining visitors from North America and Asia, and by the 1990s had emerged as a de rigueur gathering of a global elite. In fact, it's been one of the ways by which that elite has constituted itself, learning to think, feel and act in common.
Corporate and financial bigwigs--who pay some $25,000 to come--dominate the guest list, but they also invite people who think for them, entertain them and publicize them, for whom the entrance fee is waived. Star academic economists were also on the list of invitees (bizarrely marked "confidential," so I had to swipe a copy), alongside some unexpected names: cultural theorist Homi Bhabha, columnist Arianna Huffington and model Naomi Campbell. And lots of religious figures, NGO officials and union leaders--who, to judge from their press conferences, didn't feel very well listened to. It seems not much communication goes on across the vocational lines; Berkeley economist Brad DeLong, a first-timer, theorized that "one reason that the princes of the corporate and political worlds are where they are is that they are very good at staying quiet when baited by intellectuals."
And DeLong was in the same room with them. Most journalists covering the event weren't so lucky. The WEF designated a handful of clubbable correspondents from places like the New York Times and CNBC as "participating press" and allowed them to mingle with the delegates at the Waldorf. But several hundred others, dubbed "the reporting press," were penned up in a couple of cramped "media centres" in a neighboring hotel. The terms are fascinating. Clearly the participating press participates in the inner workings of power and helps create its mystique. But the reporting press couldn't really report at all: We got to watch some of the sessions on closed-circuit TV (only the big, more formal ones--the intimate brainstorming sessions were strictly private), to read sanitized summaries distributed by the WEF staff and to view a few dignitaries at press conferences, which were generally too short to allow more than a few perfunctory questions.
Not only were we barred from newsworthy events--we weren't even told they were happening. In one of them, Treasury Secretary Paul O'Neill explained bluntly that the Bush Administration let Argentina sink into total crisis rather than engineer a bailout because "they just didn't reform," apparently forgetting that the country was once praised as a model of economic orthodoxy. In another, Colin Powell asserted the right of the United States to go after "evil regimes" as it sees fit--harsh language from the Administration's resident dove. Neither speech went down well with a good bit of the audience; anxiety at Washington's unilateralism was one of the recurrent themes among non-US delegates.
The gathering's mood was clearly troubled. Back in the 1990s, when the US economy was booming, trade barriers were falling and the New Economy was still new, the temper of the gatherings was reportedly pretty giddy. Now, the headlines are full of bad news--Enron, Argentina, recession, terrorism, protest. And the conference reflected it.
Businesspeople and academics mused on how to deal with new risks--you can't hedge against bioterrorism in the futures markets. Economists debated which letter would best describe the US economy--a V (sharp fall followed by a quick recovery), a U with a saggy right tail (long stagnation, weak recovery) or, most appropriate, a W (false recovery followed by a fresh downdraft). The consensus leaned away from the V toward the saggy U, with the W not to be ruled out.
But there were things more profound than the business cycle to worry about. As the Washington Post noted with apparent surprise, "The titles of workshops read like headlines in The Nation: 'Understanding Global Anger,' 'Bridging the Digital Divide' and 'The Politics of Apology.'" Most prominent among those concerned with poverty were the duo of Gates and his new friend Bono, the lead singer of U2. Bono--who identified himself on opening day as a "spoiled-rotten rock star" who loves cake, champagne and the world's poor--hammered at the need for debt relief. (It's easy to make fun of him, but activists are quick to point out that his influence is much to the good.) Gates kept reminding everyone that about 2 billion people live in miserable poverty. Of course, no one was rude enough to point out that Gates's personal fortune alone could retire the debts of about ten African countries.
It's hard to believe this is much more than talk, however. Addressing poverty and exclusion would require WEF attendees to surrender some of their wealth and power, and they're hardly prepared to do that. Stanley Fischer, formerly the second in command at the IMF and now a vice chairman of Citigroup, expressed "profound sympathy" for the people of Argentina but then worried about "political contagion"--the risk that other countries, seeing the crisis there, might reject economic orthodoxy.
Further insight into the WEF mindset was provided by Fischer's panelmate, South African Finance Minister Trevor Manuel. According to Manuel, during the (private) WEF discussions, "poverty was defined...as the absence of access to information," which would be news for anyone struggling to pay the rent. More urgently, he pointed out that "uprisings occur because ordinary people don't feel that they have voice and representation." To ward off that danger, policy-makers must worry about "equity"--which he carefully distinguished from "equality." When I asked him to expand on this distinction, Manuel said, "There are different conceptions of equality to start with. There's equality of opportunity and equality of outcome. But equity is about creating stakeholders. For example, both employers and employees have a stake in good labor practices." When I said that that sounded like it was more about changing perceptions rather than material reality, he said, "It's all those things. It's all those things." Manuel also revealed that the participants had "interesting, interesting debates on whether we should ask business, in the conduct of business, to act ethically or whether it's OK for business to be unethical in the conduct of business and then have some spare cash to do good with." No wonder people pay $25,000 to play this game.
And it's no wonder that on the closing day, a panel of union leaders--five out of some forty who were there, including AFL-CIO president John Sweeney--gave a very downbeat assessment of the forum's dedication to a real adjustment of policy. Sweeney, the most moderate of the group, said that the world economy doesn't have an image problem--its problems are structural. Others spoke of CEOs being "in denial," of hearing but not listening.
Unfortunately, though, there were very few union people--leaders or rank-and-filers--demonstrating in the streets that weekend. That would have made quite an impression on the great and good. But Gates's appreciation of the protesters points to what was doubtless the best thing about this year's forum: The 12,000 who marched through midtown Manhattan on February 2 proved that the so-called antiglobalization movement, a global movement if there ever was one, was not put out of business by September 11. It's alive and well--so alive and well that it set much of the WEF's agenda.
The Texas company has been a scandal in other countries for a long time.
Pôrto Alegre, Brazil--In US living rooms, talk about such policy measures as the White House's proposed Free Trade Area of the Americas (FTAA) is likely to elicit clueless shrugs.
The challenge to global capitalism is more relevant now than before September 11.
Enron's power project in India demonstrates who benefits from globalization.