“Of the rules tilted against labour and for global capital in these proposed agreements, one of the most egregious is investor-to-state dispute settlement, or ISDS…
The U.S. and Canada first incorporated this separate but unequal system into a comprehensive trade deal in NAFTA, and today, Canada, the U.S. and Mexico are each in the top eleven most-challenged nations under the ISDS system.”
AFL-CIO and Canadian Labour Congress joint statement on promoting trade deals that work for people over profits
March 30, 2015
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and the Canadian Labour Congress (CLC), support and welcome trade and economic policies that create good, family-wage jobs, strengthen protection for internationally-recognized labor rights (including freedom of association and the right to collective bargaining), protect our environment, and promote shared prosperity and a virtuous cycle of rising wages and rising demand.
Having lived through NAFTA and its progeny for 20 years, we also know the danger of destructive economic rules that expand the rights and privileges of multinational corporations at the expense of working families, communities, and the environment. Neoliberal economic policies, including many of the rules enshrined in NAFTA and the World Trade Organization, have promoted a race to the bottom in terms of wages, labor rights, environmental protection, and public interest regulation.
That is why we join together today to announce our unrelenting support for different rules in three pending trade deals involving either the United States or Canada or both: the Trans-Pacific Partnership (TPP), the Comprehensive Trade and Economic Agreement (CETA), and the Trans-Atlantic Trade and Investment Partnership (TTIP).
Of the rules tilted against labor and for global capital in these proposed agreements, one of the most egregious is investor-to-state dispute settlement, or ISDS. ISDS provides extraordinary legal rights to foreign investors so that they can seek taxpayer reimbursement for losses to expected profits from laws, regulations, administrative decisions or virtually any other government measure. The rights protected go far beyond traditional property rights and its private tribunals are staffed not by professional jurists sworn to promote the public interest, but by for-profit attorneys, many of whom represent investors when they are not sitting in judgment.
The U.S. and Canada first incorporated this separate but unequal system into a comprehensive trade deal in NAFTA, and today, Canada, the U.S. and Mexico are each in the top eleven most-challenged nations under the ISDS system. Such extreme rights to challenge democracy are not good for domestic businesses (which cannot use this private justice mechanism), not good for citizens (who may see popular policies withdrawn by governments in order to avoid adverse judgments), and not good for rule of law (which is undermined by the separate parallel system for foreign investors only).
We are pleased to reaffirm cross-border cooperation in the struggle for people and planet centered trade and will not cease in our efforts to promote good jobs, rising wages, strong social safety nets, state-of-the-art public services and infrastructure, and an end to corporate power grabs like ISDS in all pending trade and investment agreements.