Nexus - 0803 - New Times Magazine-pages

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under WTO rules for communities to pass an ordinance which restricts the building of private prisons to domestic corporations. under WTO rules for communities to pass an ordinance which legitimate objectives which has some appealing entries such as restricts the building of private prisons to domestic corporations. "protection of consumers", "protection of the environment", "promotion of welfare, including public policy objectives", and - Transparency "ensuring pluralism and a media system based on free and Article III requires all member countries to publish all "mea- democratic principles and including a public service broadcast sures" relevant to GATS. Measures include those by "central, system". regional or local governments and authorities; and non-govern- The WTO Secretariat has responded with its own list: "eco- mental bodies in the exercise of powers delegated by central, nomic efficiency", "promoting competition", "administrative effi- regional or local governments or authorities". The full implemen- ciency" and "economic development". If these were to be adopt- tation of this provision is a top priority for the US, which wants to ed, it would be a major assault on domestic environments, con- go even further and require proposed sumer protection and human health regulations to be published (see regulations. Think about how this below). might affect health care, education, Even in your local community, treatment of prisoners and provision every law or regulation relating to of drinking water. Fortunately, the services is subject to scrutiny under Even in your local community, US negotiators are opposed to adopt- GATS. However, corporations are . ing a list of "legitimate objectives", protected from the government dis- every law or regulation since there is a significant risk that closing confidential information relating to services is subject we will end up with the WTO's list. "which would prejudice legitimate . commercial interests of particular to scrutiny under GATS. Tribunals enterprises". To top it off, Article VI has a domestic version of the investor-to- state provision which has caused such Article VI requires that domestic folly in NAFTA and was slated to be regulations "do not constitute unnec- part of the MAI. GATS calls for essary barriers to trade in services". The disciplines developed each country to set up its own tribunals, where service suppliers under this section can be used to overturn local, state or federal can take their grievances and expect appropriate remedies. regulations, even if there is no discrimination based on National It is no surprise that powerful corporate lobbies like the US- Treatment or Most Favoured Nation Treatment. based Coalition of Service Industries and the European Services Forum have put expanding the GATS domestic regulation provi- - General Obligations sions on the top of their agendas. A A o a VT 1d a = Domestic Regulation Even in your local community, every law or regulation relating to services is subject to scrutiny under GATS. - General Obligations Article VI could also become a vehicle for setting "general obligations" which would not be limited to country-specific com- mitments, a position already taken by the WTO Secretariat. This could be a major intrusion on national, state and local sovereignty. a ~ GOOD MORNING, Would You BE INTERESTED IN AN INSURANCE Policy THAT COVERS You AGAINST BEING RIP(ED OFF BY sHopoy INSURANCE Policies? - More Transparency The US negotiators want all member countries and their politi- cal subdivisions to publish their proposed regulations to allow for public comment from other member countries. This could be a very significant burden on local communities, who would have to consider such comments from around the world before adopting a change to their regulations for recycling or water treatment, for instance. And who would comment? Most likely the TNCs, as they have the resources to keep track of how such proposed regu- lations would affect their business interests. This unfunded man - date is not really about democracy; it is about corporate power. - Necessity The Council for Trade in Services is given the authority to "develop any necessary disciplines" to ensure that such regula- tions are "not more burdensome than necessary to ensure the qual- ity of the service" and are "based on objective and transparent cri- teria, such as competence and the ability to supply the service". Currently, countries are interpreting this to mean they have to demonstrate the necessity of their regulations. This potentially gives the Council much leeway to create international regulations which can trump domestic regulations. The Working Party on Domestic Regulation, established by the Council, is looking at legitimate objectives which do not have to meet the necessity test. The European Community (EC) has submitted a paper covering "necessity", which lists proposed APRIL —- MAY 2001 NEXUS = 21 www.nexusmagazine.com