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@oxfam is shape shifter on national sovereignty #TPPANoWay #endtaxhavens

Oxfam has no interest in the sovereignty of small states. It supports a new form of colonialism – tax colonialism.

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Source: Growing international call for transparency in TPPA negotiations | Oxfam New Zealand.

While Oxfam upholds the sovereign right of countries to regulate and expropriate, they do not defend the rights of those same countries to tax as they please, including to cut taxes to attract investment and offshore financial centres.

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Source: Growing international call for transparency in TPPA negotiations | Oxfam New Zealand.

All that plucky rhetoric of TPPA no way and how international economic agreements violate the sovereignty of countries and developing countries in particular is forgotten in a flash.

<p>Oxfam manages to have the blinding hypocrisy of opposing the Transpacific Partnership on national sovereignty grounds and at the same time call for international treaties to bully small countries about their tax policies, which overrides their economic sovereignty.</p>  <p>

The 1st @PaulKrugman on globalisation & development @harleyhs #TPPANoWay

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Source: Paul Krugman (1997) Enemies of the WTO.

This visiting American education professor who specialises in globalisation, claimed in the linked radio interview that real wages had fallen in the USA and Mexico. Even for the bottom 20% of the USA, their after-tax household incomes increased by 40% since 1979, with most of that after the signing of NAFTA.

Everything that is bad in crony capitalist Mexico is the fault of NAFTA if our visiting academic is to be believed despite trade tripling and investment increasing 600% because of NAFTA.

Women’s earnings growth has been perfectly fine over the last 40 years despite the horrors of NAFTA and the attack on unions and workers rights by a top 1% emboldened by NAFTA and globalisation, if our visiting academic is to be believed.

Gender analysis, gender analysis, where is his gender analysis of NAFTA? Few labour market statistics make sense without being broken down by sex because of the immense economic progress of women in the last 50 years. Can NAFTA claim credit for that?

@toddmcclaymp #MFAT hasn’t heard of trade diversion? @DavidShearerMP #TPPANoWay @KennedyGraham

Trade diversion occurs when preferential trading agreements cause imports to shift from low cost countries to higher cost countries. Rather than gaining tariff revenue from inexpensive imports from world markets, a country may import expensive products from member countries but not gain any tariff revenue. An example of trade diversion is when Britain closed its doors to New Zealand agricultural exports after joining the common market.

Preferential trading agreements are trade agreements between countries in which they lower tariffs for each other but not for the rest of the world. The mass media mislabel them free trade agreements.

Under trade diversion, the partner country benefits from this change as an exporter, but the importing country loses due to this higher cost, as does the third country whose exports fall.

The loss to the importing country is not visible to consumers, who find the higher-cost product cheaper due to the absence of tariff. The country as a whole loses, with that loss being lost tariff revenue – lost to cover the cost of the higher cost imports from a member of the new preferential trading agreement.

Source: Key Graph 10 Trade Diversion versus Trade Creation in Joining a Trade Bloc: US Market for Imported Compact Cars.

It does not take much trade diversion to make a preferential trading agreement welfare reducing because of this switch to high cost producers.

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The New Zealand Minister of Trade and the Ministry of Foreign Affairs and Trade did not discuss this major risk even from the simplest preferential trading agreement in recent policy analysis of the TPPA as my Official Information Act request has revealed. The term trade version does not appear in any of their analysis.

Adherents of the natural trading partner hypothesis argue that preferential trade agreements are more likely to improve welfare if participating countries already trade disproportionately with each other. Opponents of the hypothesis claim that the opposite is true: welfare gains are likely to be greater if participating countries trade less with each other. The powerful critique by Bhagwati and Panagariya (1996) is now widely accepted and one hears little justification of on preferential trading agreements on the grounds of the natural trading partners hypothesis

Appeared before the Parliamentary committee on the #TPPA today

One of the cathartic things about leaving the public service is I do not have to be deferential to politicians anymore. I can treat them like ordinary people and tell them where to go when they annoy me. In consequence, I am not in any way nervous about appearing before a parliamentary committee.

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This Parliamentary committee was very unlike the last. Staying on after giving my submission was a pain rather than a learning experience.

A parade of conspiracy theories about the investor state dispute settlement process followed my testimony, which was first of the day. I left after about 45 minutes.

In my testimony, I got a standard question from David Clark, a Labour MP, about whether more time should be that given to make submissions because the complexities of the intellectual property chapter.

Kennedy Graham, the Green MP, then asked a bizarre question about how could New Zealand sign a trade agreement that would compromise environmental standards. His example was a trade agreement where it is agreed to start using coal as a power source again in New Zealand.

So weird with this question that I did not give the obvious answer which was this parade of horribles is so unlikely that it is not a serious question. What I did say was it is very unlikely New Zealand would ever sign such an agreement.

If a parade of horribles and weird hypotheticals is the best you can do, you do not have much of an argument against the TPPA.

My submission to Parliamentary committee on TPPA treaty examination

Despite all the passions about the TPPA, the correct starting post for an economist on regional trade agreements is lukewarm opposition. That is the position of Paul Krugman. Paul Krugman summarised the TPPA well recently from a standpoint of a professional economist:

I’ve described myself as a lukewarm opponent of the Trans-Pacific Partnership; although I don’t share the intense dislike of many progressives, I’ve seen it as an agreement not really so much about trade as about strengthening intellectual property monopolies and corporate clout in dispute settlement — both arguably bad things, not good, even from an efficiency standpoint….

What I know so far: pharma is mad because the extension of property rights in biologics is much shorter than it wanted, tobacco is mad because it has been carved out of the dispute settlement deal, and Republicans in general are mad because the labour protection stuff is stronger than expected. All of these are good things from my point of view. I’ll need to do much more homework once the details are clearer.

Krugman then reminded that a trade agreement is most politically viable when it is most socially harmful. This is the point that the opponents of the TPPA miss. They will not want to discuss how some trade agreements are good deals but others are bad. That would admit that trade agreements can be welfare enhancing, and sometimes they are but sometimes not.

The correct economic name for free trade agreements is preferential trading agreements. These agreements give tariff and other preferences to some countries over others.

Tariffs are lower for the members of the agreement, creating more trade, but there is also trade division.

CER offers a neat example of trade diversion. Instead of buying cars from the cheapest source and collecting tariff revenue, the hopelessly inefficient Australian car industry did not have to pay tariffs so it made New Zealand into a major export market until tariffs were abolished in 1998.

Less tariff revenue because of CER but we still paid way over the odds for Australian instead of Japanese cars. We were worse off. Less tariff revenue but car prices pretty much as high as before.

New Zealand tariffs are minimal these days. The TPPA reduces the key tariffs on our exports at an excruciatingly slow pace.

There is no discussion of trade diversion in the National Interest Analysis before this committee. For that reason alone, the National Interests Analysis is inadequate and should be returned to the Ministry for further work. Right now, it would not pass a first semester test in a basic international economics course because that most basic risk from trade agreements is not discussed.

Most of the TPPA is not about tariffs. Many of these other chapters are suspicious add-ons to trade talks.

Developing countries rightly regard trade and environment clauses in any trade agreement as a new form of colonialism.

Unions, the Labour Party and Greens happily demand these intrusions into the regulatory sovereignty of developing countries to protect special interests against import competition.

The sovereignty objections to trade agreements are no different to those that can be made to climate change treaties and International Labour Organisation conventions. It is all in the details – what do we get in return?

Consistency would help too. Trade agreements should not include labour or environmental standards as they, for example, limit our right to deregulate our labour market. Be careful for what you wish for when you oppose international agreements on sovereignty grounds.

The intellectual property chapters of the TPPA are truly suspicious. With each new day, the case for patents and copyrights is weakening in the economic literature. Some have made powerful arguments to abolish patents and copyrights altogether.

There are modest extensions of the term limits of drug patents and much more mischief on copyright terms. These should be watched carefully in future trade talks and one day will be a deal breaker.


Good arguments can be made against investor state dispute settlement provisions even after the carve-outs. These provisions have no place in trade agreements between democracies.

Foreigners can take their chances in democratic politics like the rest of us. They might occasionally get a short deal because of left-wing or right-wing populism but these gusts of xenophobia are mostly an occasional irritant in the rich fabric of Western democracies.

Developing countries sign-up to investor state dispute settlement to signal they are open for business. Foreign investors do not have to put up with their corrupt courts and bureaucracies and hopelessly venial politicians.

The logic of regional trade negotiations is we cut tariffs we should have cut long ago in return for others cutting their tariffs which they too should have cut long ago.

Much is made of the cost-benefit analysis of the TPPA. All the critics are really saying is cost benefit analysis is really hard and often imprecise.

If the econometric estimates were not in doubt in this or any other public policy field, the academics are simply not trying hard enough to win tenure and promotion. Academics make their careers by being contrarian.

For this lukewarm opponent of regional trade agreements, the TPPA is a so-so deal with small net gains. There is no harm in signing it.

#TPPANoWay @oxfamNZ @GreenpeaceUSA The Effects of Globalization

Why Does 1% of History Have 99% of the Wealth? @Oxfam #TPPANoWay

#TPPANoWay sovereignty objections apply equally to @ILO conventions

New Zealand has signed and ratified dozens of International Labour Organisation Conventions dating back to 1921. They all fetter the sovereignty of New Zealand. As a member of the ILO, New Zealand is required to report on its application of ILO Conventions.

That limitation on the sovereignty of New Zealand is no more and no less than in an international trade agreement. New Zealand can renounce an international trade agreement and has renounced nine International Labour Organisation conventions.

Jane Kelsey makes the following points about the legal implications of the Trans-Pacific Partnership agreement:

The 30 chapter Trans-Pacific Partnership Agreement (TPPA) constrains domestic law and policy at central government level, and in places by local government and SOEs, in diverse areas beyond traditional aspects of international trade.

…The TPP provides cumulative opportunities for foreign states and corporations to influence domestic decisions which may be burdensome and intrusive.

The exact same objections apply to the ILO conventions. The union movement does not hesitate to argue that the democratic process in New Zealand should be overridden because the proposal at hand purportedly conflicts with an ILO convention.

For example, when the government was choosing to deregulate collective bargaining, the sovereignty of Parliament was questioned because of an ILO convention. Helen Kelly, CTU President said:

in Parliament on 4 June, the Minister was asked if he agreed with advice from officials that the ability for employers to opt out of multi-employer bargaining may breach our obligations under ILO Convention 98 on the right to organise and collective bargaining.

…There is no point attending such an important UN ILO conference at the time your Government is being advised it is breaching its undertakings to that very organisation…

The CTU President also referred to the regulatory impact statement prepared for that collective bargaining legislation:

The paper also points out that these changes open NZ up to international examination by the International Labour Organisation (ILO) for non-compliance with Convention 98 – on the Right to Organise and Collectively Bargain, which New Zealand has signed up to.

Helen Kelly says “at least four of the proposals are deemed to be inconsistent with our international obligations, and two of them are classified as uncertain. Why the Government wants law changes that damage our international obligations is unclear.”

Council of Trade Unions submissions to minimum wage reviews have at least a dozen references to ILO conventions and the requirement to honour their provisions.


Posner and Goldsmith rightly argue that international law is a product of states pursuing their interests on the international stage. It does not induce states to comply contrary to their interests. The possibilities for what it can achieve are limited.

Government sign-up to various international agreements depending on their political priorities. You cannot complain that governments that you did not vote do what government you voted for also did, which was sign up to international agreements that suited their political agendas. The solution is to work harder to win the next general election.

As for opposing trade agreements on sovereignty grounds, it is rank hypocrisy for the union movement to do so given the number of times it cites international labour agreements when it suits them and seeks their inclusion in trade agreements to raise labour costs in developing countries.

@TrevorMallard what next for #TPPANoWay? Repeal CER?

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New Zealand filmmakers have used trade treaties to pry open access to foreign markets by challenging failures to honour promises of nondiscrimination in trade and investment in the Federal Court of Australia.

This should please the Twitter Left because they are also a film going left as are most members of the educated middle class as a point of identity and snobbery.

Back in the day, New Zealand television programming was sold cheaply into the Australian market. Many cultural and other products are exported into foreign markets and sold for whatever they can get above the price of shipping or digital transmission. What else explains all that rubbish on cable TV?

Under the Closer Economic Relations agreement that creates a single market between Australia and New Zealand, New Zealand made television programming content must be treated the same way as Australian content so it was included in their 50% local content rules for commercial television back from whenever I remember this story from.

There was a Federal Court of Australia case that ruled that New Zealand television programming was Australian content programming for the purposes of the relevant media regulations because of Closer Economic Relations.

From the late 1990s, with revival of the New Zealand film and television industry, New Zealand content was starting to flood the Australian market, especially in the off-season in the summer when stations were looking for cheap content to fill a low ratings period.

Naturally, this Kiwi invasion did not please the rent seeking Australian television programme production industry and many a mendicant actor, writer and producer

Where there is a will, where there is a way: minimum quality standards are introduced into the Australian content rules defined by price – a price that happen to be above what the television stations used to pay for New Zealand made programming in the off-season.

This court victory in favour of various New Zealand film industry in enforcing a trade and investment treaty puts the Twitter left in a bit of a conundrum. Which is more important? The New Zealand film industry or their hatred of globalisation and the rule of law.

Development & Trade: Empirical Evidence @DavidShearerMP @oxfamnz @TPPANoWay


https://twitter.com/WorldBank/status/691970229811965952

@HillaryClinton positions on #TPA trade deal over time

@NZGreens @nzlabour @jamespshaw #TPA a brief history of trade policy

Jane Kelsey oppose handcuffs on the democratic choices of future governments! Does she opposes labour and environmental standards in trade agreements too?

https://twitter.com/JimRose69872629/status/651230008875220992

One of my policy essays for my Masters of Public Policy Degree in Japan was on the social clauses of the GATT. I described the labour and environmental clauses is a new form of colonialism.

My classmates were government officials from all around Asia, more than 20 countries. As they spoke English as a second language, they were pleased to learn of a new way of describing social clauses in trade agreements in English.

A Filipino friend had a blunter way of referring to social clauses in trade agreements: “the whites are back, telling us what to do”.

Utopia, you are standing in it!

Jane Kelsey in a television interview said she opposes the reductions in sovereignty in trade agreements that result from investor-state dispute settlement (ISDS) provisions because they limit the democratic choices of future governments.

If so, she must oppose environmental and labour standards in trade agreements and, more importantly, binding the hands of future governments with climate treaties. All international treaties are about restrictions on sovereignty.

Environmental and labour clauses in trade agreements and climate treaties all limit the powers of governments to legislate on environmental and employment law in accordance with the will of the people as expressed in the most recent election and change of government. Power to the people.

https://twitter.com/rorymccourt/status/625540621457960960

Jane Kelsey would do better focusing on those parts of the TPPA deal that lowers the net value of the deal such as those extending the term of patents over the drugs. All international treaties are about trade-offs.

View original post 212 more words

@jamespeshaw nails the #TPPA policy trade-off @NZGreens

About 1% more GDP but higher drug prices.

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Source: No increased medicine costs under TPPA | Stuff.co.nz

The next best arguments James Shaw made were xenophobia about foreign investment in land and some vast conspiracy theory regarding endangered dolphins.

When your next best argument is foreigners are coming to buy up all our land, you are playing from a weak populist hand. About half of million New Zealand born live in other countries.

About 80% of these live in Australia, the great majority as residents rather than as citizens. These New Zealanders living in Australia and elsewhere need protection under international agreements to ensure they are not the victim of populist outbreaks against the sale of land to foreigners.

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Source: Statistics New Zealand.

In addition, if a foreigner wants to pay over the odds for my house I am glad to separate a fool from his money.

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Source: Statistics New Zealand.

New Zealand has a strong interest in protecting the rights of its own expatriates as well as New Zealand foreign investors to buy land in other countries. As David Friedman explains:

Much more commonly, [economic imperialism] is used by Marxists to describe–and attack–foreign investment in “developing” (i.e., poor) nations. The implication of the term is that such investment is only a subtler equivalent of military imperialism–a way by which capitalists in rich and powerful countries control and exploit the inhabitants of poor and weak countries.

There is one interesting feature of such “economic imperialism” that seems to have escaped the notice of most of those who use the term. Developing countries are generally labour rich and capital poor; developed countries are, relatively, capital rich and labour poor. One result is that in developing countries, the return on labour is low and the return on capital is high–wages are low and profits high. That is why they are attractive to foreign investors.

To the extent that foreign investment occurs, it raises the amount of capital in the country, driving wages up and profits down. The effect is exactly analogous to the effect of free migration. If people move from labour-rich countries to labour-poor ones, they drive wages down and rents and profits up in the countries they go to, while having the opposite effect in the countries they come from.

If capital moves from capital-rich countries to capital-poor ones, it drives profits down and wages up in the countries it goes to and has the opposite effect in the countries it comes from. The people who attack “economic imperialism” generally regard themselves as champions of the poor and oppressed.

To the extent that they succeed in preventing foreign investment in poor countries, they are benefiting the capitalists of those countries by holding up profits and injuring the workers by holding down wages. It would be interesting to know how much of the clamour against foreign investment in such countries is due to Marxist ideologues who do not understand this and how much is financed by local capitalists who do.

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