Guest guest Posted March 11, 2003 Report Share Posted March 11, 2003 <misty3 wrote:Mon, 10 Mar 2003 23:51:56 +1300 (NZDT) Why Does the WTO Want My Water? > Why Does the WTO Want My Water? > > > Published on Wednesday, March 5, 2003 by CommonDreams.org > Why Does the WTO Want My Water? > by Lori Wallach > > When most people think about trade, they conjure up images of ships > laden with sacks of coffee and steel beams ferrying between nations, and > trade agreements focusing on cutting tariffs and quotas on trade in > goods. In reality however, today's " trade agreements, " such as the 1994 > North American Free Trade Agreement (NAFTA) and the 1995 World Trade > Organization (WTO), have little to do with trade. Instead they focus on > granting foreign companies new rights and privileges within the > boundaries of other countries, on constraining federal, state and local > regulatory policies and on commodifying public services and common > resources, such as water, into new tradable units for profit. > > A leak this week of European negotiating demands in WTO service sector > negotiations that have been quietly underway since 2000 in Geneva > provided a harsh wake-up call to the world about what is really at stake > in these global " commercial " negotiations. > > Up for grabs at the negotiating table is worldwide privatization and > deregulation of public energy and water utilities, postal services, > higher education and state alcohol distribution controls; a new right > for foreign firms to obtain U.S. Small Business Administration loans; > elimination of a list of specific U.S. state laws about land use, > professional licensing and consumer protections, and extreme > deregulation of private-sector service industries such as insurance, > banking, mutual funds and securities. > > The national consumer group Public Citizen joined the Polaris Institute > of Canada and civil society groups around the globe in a coordinated > release of the secret documents. Europe's demands of the United States > and 108 other WTO signatories provide the " smoking gun " evidence, after > months of speculation and concern, about how these secretive WTO > negotiations threaten essential public services upon which people > worldwide rely daily. > > The negotiations are to expand the scope of General Agreement on Trade > in Services (GATS,) one of the 21 pacts enforced by the WTO. The > " GATS-2000 " talks are promoted by the United States and European nations > on behalf of multinational service sector conglomerates. > > Think of GATS as a Trojan Horse - appealingly dubbed a " trade > agreement " - which in reality contains a massive attack on the most > basic functions of local and state government. You might ask what the > GATS provision creating a new right for corporations to establish a > " commercial presence " within another country has to do with cross-border > trade. The answer: nothing. Actually, the terms create a right for a > foreign firm to set up subsidiaries in other countries or acquire local > companies under terms more favorable than provided domestic competitors. > For instance, once a service sector is covered under GATS, governments > may not limit the number or size of service providers, meaning that > applying zoning rules on beach front development or limits on > concessions in national parks to foreign firms would be forbidden. This > is why many people consider GATS to be a backdoor attempt to revive the > Multilateral Agreement on Investment (MAI), a radical investment pact > that was killed by public opposition in 1998. > > The GATS not only promotes privatization of public services, but it > makes it extremely difficult for countries, states and local governments > to reverse privatization experiments that fail. Under GATS, if cities > seek to bring a privately operated utility back into the public realm, > they only can do so if the U.S. government agrees to compensate all WTO > countries for lost business opportunities of their companies. Thus, if > the United States agrees to Europe's GATS-2000 demands to subject water > to GATS disciplines, then Atlanta, for instance, which just reversed a > disastrous water privatization involving a French company, could do so > only if compensation was offered not just to that company but to all WTO > signatory countries. Another GATS threat revealed in the secret European > document is a demand to include retail electricity services under GATS, > which would mean that privatization nightmares like California's energy > deregulation would be nearly impossible to fix. > > GATS also sets strict constraints on government regulation in the > services sector - even when those policies treat domestic and foreign > services the same. GATS allows federal, state and local regulations to > be challenged as barriers to trade if they are not designed in the least > trade restrictive manner. For instance, Europe has charged that the > rather modest Sarbanes-Oxley corporate accountability legislation > inspired by the recent corporate crime wave violates these GATS limits > on domestic service sector regulations. Also, because GATS is geared > toward market access for foreign competitors, the agreement is hostile > to regulation in general and in particular to the diversity of domestic > regulations in the U.S. that vary from state to state, yet state and > municipal officials are excluded from these closed-door negotiations. > > The leaked EU documents have prompted civil society groups worldwide to > call for a moratorium on the " GATS-2000 " talks and for a public process > involving state and local officials. The clock is ticking as all WTO > member nations, including the United States, are expected to respond to > the European demands within weeks, starting March 31, 2003. At a > congressional hearing this week, U.S. Trade Representative Robert > Zoellick dodged congressional inquiries about when or if the public and > Congress would have an opportunity to vet the U.S. " GATS-2000 " > commitments. Zoellick recently submitted similar service sector > commitments without public consultation in the regional NAFTA-expansion > talks known as the Free Trade Area of the America (FTAA). Only growing > public and congressional pressure is likely to stop the Bush > administration from trading away our basic public services and > governments' basic public interest regulatory powers. > > Lori Wallach is the director of Public Citizen's Global Trade Watch > > ### > > Wall Street Journal - Feb. 25, 2003 > > Leading the News: EU Asks U.S. to Revise Rules for Service Sector > Host of Regulations at Issue As Bush Seeks Freer Trade; Alarm Likely at > Local Level > By Neil King Jr. > > WASHINGTON -- As the Bush administration seeks freer global trade in > services, the European Union is taking aim at the sector and requesting > changes in how U.S. state and federal authorities regulate everything > from liquor sales to accounting. > > The EU requests, included in a confidential document put forward as > part of continuing global trade talks, are likely to raise alarm among > state and local authorities, who would be required to alter rules > governing businesses ranging from land ownership to insurance. The > 34-page paper was leaked to Ralph Nader's group Public Citizen. > > The Bush administration is set to respond by the end of March with a > list of changes it is willing to make to service-sector regulations. > > Some of the EU positions have been known for months, but the final list > includes new language regarding accounting standards, cross-border > insurance and the retail sale of electricity, all highly controversial > topics. Consumer groups, as well as a growing number of state officials, > contend that the secretive talks within the World Trade Organization > could undermine the ability of local authorities to oversee vital > economic services. > > " What we hear is going on in these WTO talks will run smack up against > laws in states like mine, but for now it's behind closed doors, " said > Mark Pocan, a Democrat in the Wisconsin State Assembly. The big issues > in his state, he said, are privatization of public water supplies and > rules governing electricity distribution. > > The EU push coincides with new scrutiny in Washington of the role that > government, and particularly state and local governments, play in > limiting competition. The Federal Trade Commission, under Bush appointee > Timothy Muris, is seeking to open regulated markets across the economy, > from prescription drugs to caskets makers, and has created a task force > to examine anticompetitive restrictions on Internet commerce, such as > state rules limiting auto sales or interstate shipment of wine. The > agency also is preparing to charge that Unocal Corp. used state > regulation and its patents on a clean-fuel formula to lock up a monopoly > in the West Coast gasoline market. > > And the wisdom of state regulation in telecommunications was a major > issue last week at the Federal Communications Commission, where Chairman > Michael Powell was outvoted in his effort to largely eliminate the role > states play in overseeing wholesale rates that the four big regional > Bell telephone companies charge competitors for using their lines. > > U.S. Trade Representative Robert Zoellick has made opening up global > trade in services a central plank of his strategy in the Doha round of > WTO trade talks, which are meant to wrap up at the end of next year. > Persuading the rest of the world to accept U.S. banks, insurers and > overnight-delivery companies would be a boon to U.S. business, but > promises to reciprocate in the U.S. are already raising the ire of > environmental and labor groups. > > The EU demands mirror those that the U.S. regularly makes on its > trading partners to lift government rules that tend to favor domestic > companies over U.S. competitors. > > An area of chief concern to labor is the push by the EU and other > countries to open the U.S. market to contract workers offering services > ranging from computer software to equipment maintenance and landscape > architecture. Environmental groups, meanwhile, oppose efforts to open > all water and sewage services to foreign competition. Such a move, they > contend, would allow other countries to overturn local water regulations > and break up public utilities if they posed a " barrier to trade " within > the world trade system. > > " What is startling is how much of the U.S. economy is up for grabs here > and how broad the impact might be, " said Lori Wallach, head of Public > Citizen's Global Trade Watch. Ms. Wallach obtained the EU document last > week. It wasn't clear when it was submitted to U.S. trade negotiators. > > The EU document also indicates that European officials may be ready to > further challenge the requirement that businesses operating in the U.S. > abide by U.S. accounting standards, as opposed to international > standards used in Europe. The Securities and Exchange Commission has > rebuffed several recent requests to allow the domestic use of > international accounting standards, which critics say are overly > subjective and lack clear rules. The EU, in its request to the U.S., > calls this practice " a regulatory trade barrier " that must be resolved. > > > The EU also is requesting that the U.S. expand the cross-border sale of > " large-risk " insurance services, a proposal that some experts say could > weaken controls over insurers offering services to businesses or even > individuals. The EU's earlier requests sought to open the U.S. market to > foreign sales of mutual funds; the new document seeks to expand that to > the sale of financial derivatives, especially futures. > > Some of the previously known EU objectives could have a bigger effect > on individual states. For instance, the EU wants to eliminate rules in > 16 states that give state authorities the sole right to sell packaged > liquor. The document also seeks to lift restrictions in nine states on > foreign ownership of land and to remove certain residency and > citizenship requirements for practicing law. > > Some of the requests aren't likely to go far. For instance, the EU > wants the U.S. drop its centuries-old prohibition on foreign ships > moving cargo between U.S. ports, an unlikely move in these times of > heightened security. The document also includes a request that the U.S. > allow foreign companies and governments to acquire 100% ownership of > U.S. radio stations. The EU also wants the U.S. Postal Service to cede > its monopoly over bulk, first-class letter delivery. > > Both U.S. and EU trade officials declined to comment on the EU > requests. > > The service negotiations are part of a long effort to deepen provisions > within the General Agreement of Trade in Services, which was part of the > sweeping 1994 Uruguay Round of global trade talks. The U.S. made its > formal request of the EU and other countries last summer in documents > that remain undisclosed. > > Copyright 2003 The Wall Street Journal > > ### > > > > > FAIR USE NOTICE > This site contains copyrighted material the use of which has not always > been specifically authorized by the copyright owner. We are making such > material available in our efforts to advance understanding of > environmental, political, human rights, economic, democracy, scientific, > and social justice issues, etc. We believe this constitutes a 'fair use' > of any such copyrighted material as provided for in section 107 of the > US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the > material on this site is distributed without profit to those who have > expressed a prior interest in receiving the included information for > research and educational purposes. For more information go to: > http://www.law.cornell.edu/uscode/17/107.shtml. 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