January 15, 2014
Today, 15 January 2014, WikiLeaks released the secret draft text for the entire TPP (Trans-Pacific Partnership) Environment Chapter and the corresponding Chairs’ Report. The TPP transnational legal regime would cover 12 countries initially and encompass 40 per cent of global GDP and one-third of world trade. The Environment Chapter has long been sought by journalists and environmental groups. The released text dates from the Chief Negotiators’ summit in Salt Lake City, Utah, on 19-24 November 2013.
The Environment Chapter covers what the Parties propose to be their positions on: environmental issues, including climate change, biodiversity and fishing stocks; and trade and investment in ‘environmental’ goods and services. It also outlines how to resolve environmental disputes arising out of the treaty’s subsequent implementation. The draft Consolidated Text was prepared by the Chairs of the Environment Working Group, at the request of TPP Ministers at the Brunei round of the negotiations.
When compared against other TPP chapters, the Environment Chapter is noteworthy for its absence of mandated clauses or meaningful enforcement measures. The dispute settlement mechanisms it creates are cooperative instead of binding; there are no required penalties and no proposed criminal sanctions. With the exception of fisheries, trade in ‘environmental’ goods and the disputed inclusion of other multilateral agreements, the Chapter appears to function as a public relations exercise.
Julian Assange, WikiLeaks’ publisher, stated:
“Today’s WikiLeaks release shows that the public sweetner in the TPP is just media sugar water. The fabled TPP environmental chapter turns out to be a toothless public relations exercise with no enforcement mechanism.”
The Chairs’ Report of the Environment Working Group also shows that there are still significant areas of contention in the Working Group. The report claims that the draft Consolidated Text displays much compromise between the Parties already, but more is needed to reach a final text. The main areas of contention listed include the role of this agreement with respect to multilateral environmental agreements and the dispute resolution process.
The documents date from 24 November 2013 ─ the end of the Salt Lake City round. They were requested by the Ministers of the TPP after the August 2013 Brunei round. The Consolidated Text was designed to be a “landing zone” document to further the negotiations quickly and displays what the Chairs say is a good representation of all Parties’ positions at the time. The WikiLeaks Consolidated Text and corresponding Chairs’ Report show that there remains a lot of controversy and disagreement within the Working Group. The Consolidated Text published by WikiLeaks is not bracketed, as per the IP Chapter released in November 2013, as it is drafted by the Chairs of the Working Group at their responsibility. Instead, the accompanying Chairs’ Report provides commentary on the draft Consolidated Text and is the equivalent of bracketed disagreements for the countries that have not agreed on certain Articles, and provides their positions.
Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei. This is the third in the series of Secret Trans-Pacific Partnership Agreement (TPP) leaks published by WikiLeaks.
Secret Trans-Pacific Partnership Agreement (TPP) Series so far:
- TPP Intellectual Property Chapter
- TPP Agreement Documents
- TPP Environment Chapter Consolidated Text
- TPP Environment Chapter Working Group Chairs’ Report
Updated: Jan. 16, 2014
Leaked TPP Document Reveals No Regard for Environment in Trade Agreement
TheRealNews on Jan 16, 2014
President Obama’s fast track process for TPP gets dealt another blow by leaked environment chapter
Japan Remains Hotbed of TPP Protest as U.S. Tries to Fast-Track Trade Deal, Crush Environmental Laws
democracynow on Jan 16, 2014
http://www.democracynow.org – Japan has been a hotbed of protest against the Trans-Pacific Partnership, which would establish a free-trade zone stretching from Japan to the United States to Chile, and encompass nearly 40 percent of the global economy. Now, new documents released by WikiLeaks show the White House may be ready to backtrack on a series of critical regulations in order to secure a deal on the trade pact, including legally binding requirements for pollution limits, logging standards, and a ban on the harvesting of shark fins. The draft version of the “environmental chapter” also reveals that the United States and 11 other Pacific Rim nations that are party to the TPP would rely on trade sanctions instead of fines if a country violates its obligations. The Sierra Club responded to the latest news saying that if the draft report were to be finalized, “President Obama’s environmental trade record would be worse than George W. Bush’s.” Meanwhile hearings begin today in Congress on legislation to establish fast-track authority that would allow Obama to sign the TPP before Congress votes on it. Broadcasting from Tokyo, we’re joined by Nobuhiko Suto, a former member of the Committee on Foreign Affairs in Japan’s House of Representatives, where he was among the first legislators to point out the dangers of the TPP. He is the Secretary-General of the group, Citizen’s Congress for Opposing the Trans-Pacific Partnership. We’re also joined on the phone by Lori Wallach, director of Public Citizen’s Global Trade Watch based in Washington, D.C.