Wednesday, December 16, 2015

Didn't I just read in Chapter One how all trade agreements will continue to be in force? Then what is this?

Supposedly the TPP changes all these tariffs on American Made Goods. How is it the previous trade agreements remain in force while the TPP changes them?

...Some TPP countries (click here) impose tariffs that translate into very high costs for buyers of American products. For example, Malaysia charges tariffs of 30 percent on American autos, while Brunei has tariffs as high as 20 percent on machinery. Japanese tariffs on leather footwear can rise as high as 189 percent out of quota and 17 percent on fruits and vegetables (or even higher for oranges in season); Vietnam imposes tariffs averaging 9.4 percent on manufactured goods, and those tariffs often rise higher, as high as 27 percent for auto parts and 68 percent for trucks. Vietnam also imposes high rates in agriculture, as high as 30 percent on cuts of pork. These disadvantages are magnified by free trade agreements (FTAs) that do not include the United States. For example, Vietnamese auto parts buyers pay a 27 percent tariff if they choose American parts, but only 5 percent or no tariff at all on similar Chinese- or Thai-made auto parts under the China-ASEAN FTA and the ASEAN Free Trade Area....

Tariffs and core obligations
The Goods chapter (definition as stated in this agreement good(s) means any merchandise, product, article or material;) includes fundamental obligations for the TPP Parties to eliminate customs duties on qualifying goods from the TPP region, and to provide treatment to the goods of other TPP Parties equivalent to that which they provide their own nationals (“national treatment”). This means elimination of all tariffs on American manufactured goods and nearly all farm products. The majority of the tariff elimination will be immediate, although some tariffs will be eliminated over agreed timeframes. In agriculture specifically, TPP will eliminate tariffs on almost all U.S. exports of food and agricultural products, and for the remaining products will provide new and commercially meaningful market access and increased export opportunities through significant tariff reductions or changes to tariff rate quotas.

Forget this. It is a magical formula to make countries of the TPP treat American goods like their own.

There are no specifics thus far. Somehow there is a magical instrument that will transform USA goods into competition with foreign goods. This is not a guarantee and only solidifies the fact there will be increased demands on courts of other trade agreements. The WTO will receive more complaints about fairness and it then is suppose to include any of these provisions in the TPP. There is no guarantee about increased fairness, this is a guarantee that trade disputes will last forever. The WTO has not validated any provisions of the TPP. This agreement talks about OTHER TRADE AGREEMENTS as those they have signed on to the TPP.

If the TPP could actually deliver on reducing tariffs of American goods there would be appendices that included proceedings of all the other agreements consenting to accept the provisions of the TPP. There is mention of the other agreements, but, upholding them is by good faith of the signator countries. Unless there are specific indications in this agreement all other trade agreements have legislated their willingness to participate as stated, this is a waste of time and money. Just because the TPP wants to share authority with other agreements doesn't make it so. There needs to be resolutions between all the other trade agreement authorities and the TPP. Simply stating it only muddies the waters.  

Below is within Chapter Six - Trade Remedies

Notification and Consultation
When conducting a transitional safeguard investigation, TPP Parties must notify the other Parties of the key milestones in the investigation: initiation, making a finding of serious injury, a decision to apply or extend the measure, and a decision to modify the measure. Parties also must notify the other Party should they decide to apply or extend the transitional safeguard.


Compensation
A Party applying a transitional safeguard measure must provide mutually-agreed compensation in the form of concessions having equivalent trade effects or equivalent to the additional duties expected to result from the measure. Alternatively, a Party facing a transitional safeguard may suspend equivalent concessions, after notification to the other Party or Parties, if the Parties cannot agree on compensation.

Pretty please. Parties finding measures that are inconsistent with equal opportunity for USA parties MAY SUSPEND. This is where the TPP melts the other trade agreements. Supposedly two countries can dispute the fairness of each other's tariffs as established in other trade agreements and change them. 

This is a mutual consent document which has no brevity to other trade agreements. The mutual consent document will have to go before all the other trade agreements to find validation to it. 

This entire TPP is a lawyer's dream come true. There is no central authority and any mutual understanding between countries has to be rubber stamped by previous and standing trade agreements. It is ridiculous. There is no authority in the TPP except to agree that countries disagree. The TPP has no authority to make any changes in trade arrangements. The other trade agreements will have to entertain the mutual agreement of the TPP and validate them IF they don't violate the other trade agreements.

This is from the WTO: 
Dispute settlement is the central pillar of the multilateral trading system, and the WTO’s unique contribution to the stability of the global economy. Without a means of settling disputes, the rules-based system would be less effective because the rules could not be enforced. The WTO’s procedure underscores the rule of law, and it makes the trading system more secure and predictable. The system is based on clearly-defined rules, with timetables for completing a case. First rulings are made by a panel and endorsed (or rejected) by the WTO’s full membership. Appeals based on points of law are possible.

However, the point is not to pass judgement. The priority is to settle disputes, through consultations if possible. By January 2008, only about 136 of the nearly 369 cases had reached the full panel process. Most of the rest have either been notified as settled “out of court” or remain in a prolonged consultation phase — some since 1995.

There are thirty chapters in the TPP. (click here) They mean nothing until they are validated through other trade agreements. There are already entanglements in the WTO with outstanding resolutions between countries. The TPP only complicates the WTO processes and prolongs any resolution between countries. By the time these consulations are considered settled through TPP and the WTO the entire circumstance could have changed and the final decision will be worthless.

We have been here before.
 
The Uruguay Round (click here) was to set time limits on any proceedings regarding trade. None of this is new.

...Despite the difficulty, during the Montreal meeting, ministers did agree a package of early results. These included some concessions on market access for tropical products — aimed at assisting developing countries — as well as a streamlined dispute settlement system, and the Trade Policy Review Mechanism which provided for the first comprehensive, systematic and regular reviews of national trade policies and practices of GATT members. The round was supposed to end when ministers met once more in Brussels, in December 1990. But they disagreed on how to reform agricultural trade and decided to extend the talks. The Uruguay Round entered its bleakest period....

There are layers and layers of authority that will only complicate any time line to implement trade provisions. The TPP complicates the dispute process