See, removing that reference means that if a country decides to do something to address climate change (such as banning coal mining), the corporations could sue if that policy impacts their potential profits. They only have to say they intended to run such a business in order to have a case.
And since the country has no fallback position in the TPPA to defend itself on, it's effectively a given the secret corporate-appointed tribunal hearing the case will rule against it. And the country will have to pay.
I'm not making this up.
On this issue alone, Maori have every reason to be concerned about the likely restrictions on their rights to any form of governance over natural resources. But it is not just Maori; we all will be affected, and we all - including Government - will be powerless to prevent our laws being trampled by corporate greed.
It's all - or the half of the TPPA I've read so far - like this. Much of the text appears to be tightly written but superficially fair - until you wonder who it is that decides if a certain standard "conforms" or not, or whether a law is based on "legitimate objectives", and who defines what is legitimate or decides whether those objectives have been fulfilled.
Right. Ultimately, the secret corporate tribunals. Not we the people, and not the Government we elect.
If you think this is pure scaremongering, research the dozens of cases, involving hundreds of billions of dollars in suit, in process around the world thanks to agreements like this one. Except this one, because of its breadth of scope, is worse.
At time of writing there was doubt whether anyone could be found to powhiri the visiting trade ministers, or whether the protests would be peaceful. I certainly wouldn't welcome them, but I expect there was little violence, since most people don't seem to realise exactly what we're losing.
Goodbye sovereignty, hello Blackwater.
- Bruce Bisset is a freelance writer and poet.