Stopping the MAI
In the halls of the Organization for Economic Cooperation and Development
(OECD) in Paris, some individuals are quietly working on eating the state--
although in a radically different way from what we propose in our masthead.
On their plates, ready to be devoured, is the ability for nations to put
conditions on Foreign Direct Investment (FDI) coming into their countries.
The Multilateral Agreement on Investment (MAI) does for FDI what NAFTA did
for manufactured goods crossing borders. This would deal a severe,
international blow to anyone who sees environmental, labor, or health laws
as good things.
The oligarchs in the OECD wish to put corporations and wealthy investors
on equal legal standing with nation-states. Their desires are embodied in
the MAI, a document hundreds of pages long that, until liberated by
activists, was completely secret. The MAI would formalize a process already
well underway through corporate funding of electoral campaigns: the
capacity of transnational corporations to veto laws. And, by extension,
democracy itself.
If you haven't heard about the MAI, "you are in good company. Most members
of Congress haven't either," admitted House reps Klink and Stearns late
last year. Most news about the MAI is in the independent press or on the
Internet, sent along by Europeans and Canadians leading the fight. U.S.
mainstream press has decided that this issue is too bland for our
sophisticated tastes; lighter fare like Frisbee-catching dogs and sex
scandals is easier to swallow.
The neoliberal architects of the MAI are touting it as "the constitution
of a single global economy." And it is not much different from other
constitutions written throughout history: by the elites, for the elites,
with scraps for the rest of us. The framers are delusional enough to think
that their agenda is good for everyone.
The most sinister provisions of the MAI are the "expropriation and
compensation" rules. These rules, as assessed by trade lawyers and
economists, would critically undermine the ability of local, state, or
national governments to pass tax measures or laws protecting workers,
public health, or the environment. The MAI would require governments to
compensate companies for actions having the "equivalent effect" of even
"indirect expropriation" of their investment. In other words, laws can't
result in a "lost opportunity to profit from a planned investment." A
foreign investor can challenge nearly any government action or policy that
has this result, despite the intention of the policy.
Another one of the goodies in the corporate bill of rights is that
investors can be protected from "strife." Under this ominous provision,
foreign investors have legal standing to sue governments if there is a
"civil disturbance" that cuts into expected profits; the term "civil
disturbance" could be interpreted as protests, boycotts, or labor strikes.
Another sickening provision is the "national treatment" stipulation. This
would inhibit governments from treating domestic companies differently
than foreign investors. The writers of the MAI say this will foster
competition, eliminate "distortions," and increase efficiencies. Yet the
MAI is only efficient for the wealthy people who can pour money in to
developing economies.
And the assumptions are ahistoric. If one looks at the evidence, one will
see that the countries who have developed most effectively in the last
half century have been the ones that favored domestic companies and who
exercised some controls over investment coming in to their country.
People around the world are speaking out against the MAI, but it is not
enough considering the importance. This questioning has kept a final draft
from an earlier completion; completion is now slated for mid-Summer.
Locally, the Washington Fair Trade Campaign (206-782-8292) has been the
loudest voice, pushing for local proclamations against the MAI. Seattle
City and County Council people are now speaking out against it; Toronto and
San Francisco have already passed local government resolutions. "The
proposed MAI represents a threat to the sovereignty of local governments
throughout the United States," declared Berkeley's city council. State and
local governments would be automatically bound by the MAI once the national
government accedes.
The grass roots activism around MAI has been good; but it's not nearly
enough. To stop an usurpation of public policy for corporate good on this
scale, an enormous effort, one that dwarfs the uproars over fast track and
NAFTA, will be required. The blandness of economics and lawmaking mask the
urgency of the danger MAI presents to literally billions of people around
the world, including every ETS! reader.
With corporations' ability to continually marshall human resources to
advance their agenda, working people will be constantly pushed away from
the table. And you just know that those corporations will come back to
feed, even if the MAI dies. For now, let's deny them that last piece of the
pie. Call your Senators and Reps and tell your union officials to call for
a cease to MAI negotiations in the OECD.
--Cameron Chapman
ETS! Co-Editor Geov Parrish--and many other cool people--will be
speaking at a UW teach-in on MAI on Friday, May 1. See calendar for
details.
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