Showing posts with label NAFTA. Show all posts
Showing posts with label NAFTA. Show all posts

Thursday, November 15, 2018

USMCA Sneaking the Law of the Sea Treaty through the Back Door?

Photo credit: Canada Free Press.com
The legal dictionary defines sovereignty as “the power of a state to do everything necessary to govern itself, such as making, executing, and applying laws; imposing and collecting taxes; making war and peace; and forming treaties or engaging in commerce with foreign nations.”

It is thus quite surprising that the new USMCA (United States-Mexico-Canada) trade agreement which is to replace NAFTA contains a new chapter (24) on Environment which was not in the NAFTA agreement. The three Parties recognize Sustainable Development (SD), the lynchpin of Agenda 21 now morphed into Agenda 2030, as an essential ingredient without which trade cannot exist. https://ustr.gov/sites/default/files/files/agreements/FTA/USMCA/24%20Environment.pdf

Since USMCA dictates that trade cannot exist without sustainable development and a healthy environment with strict guidelines, USMCA then must logically follow the 17 U.N. Sustainable Development Goals (SDGs) which are promoted by U.N. and all its affiliated agencies as follows:

1.      No poverty

2.      Zero hunger

3.      Good health

4.      Quality education

5.      Gender equality

6.      Clean water and sanitation

7.      Affordable and clean energy

8.      Decent work and economic growth

9.      Industry, innovation, and infrastructure

10.  Reduced inequalities

11.  Sustainable cities and communities

12.  Responsible production and consumption

13.  Climate action

14.  Life below water

15.  Life on land

16.  Peace, justice, and strong institutions

17.  Partnerships for sustainable development goals (SDGs).

Sustainable Development and biodiversity are found in the Trans Pacific Partnership (TPP), an agreement which President Trump has denounced. Article 24.15 of USMCA clearly states that “The Parties recognize the importance of conservation and sustainable use of biological diversity, as well as the ecosystem services it provides, and their key role in achieving sustainable development.”

In article 24.18, Sustainable Fisheries Management, regulating “marine wild capture fishing,” USMCA agreement subordinates the United States to U.N.’s international authority and its many organizations.

“Each Party shall base its fisheries management system on the best scientific evidence and on internationally recognized best practices for fisheries management and conservation as reflected in the relevant provisions of international instruments aimed at ensuring the sustainable use and conservation of marine species.” (USMCA, art. 24.18, p. 1)

Sustainable fisheries must abide by the United Nations Convention on Law of the Sea (UNCLOS), the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the FAO Code of Conduct for Responsible Fisheries, and many others. (USMCA, art. 24.18)

A.J. Cameron stated that the “same people in the Obama Administration who crafted the TPP also crafted USMCA. USMCA back-doors many of the tenets of the reprehensible trade agreements to which we were told by politicians that we would not become a member.”

The Brexit vote was based on issues such as the fishing restrictions placed upon Britain by the European Union. Not only did they destroy the British fishing industry but also any other industry dependent on it. The British fishing industry was forced to cede to the fishing industry of other countries that could not compete with the U.K.

The European Union and 162 countries have joined the Third United Nations Convention on the Law of the Sea (UNCLOS III) which was adopted in 1982 and now called simply The Law of the Sea Treaty (LOST). There were two earlier versions of U.N. treaties with rules that seek to control the oceans: UNCLOS I in 1958 and UNCLOS II in 1960.

President Reagan rejected the treaty in 1982 because it demanded technology and wealth transfer from developed countries to developing nations as well as adopting regulations and laws to control oceanic pollution. Jurisdictional limits on oceans included a 12-mile territorial sea limit and a 200-mile exclusive economic zone limit. The treaty aimed to “regulate economic activity on, over, and beneath the ocean’s surface.”

“Negotiated in the 1970s, the Law of the Sea Treaty was heavily influenced by the New International Economic Order, a set of economic principles first formally advanced by the United Nations Conference on Trade and Development (UNCTAD) in the 1970s and 1980s,” calling for redistribution of wealth to the benefit of third world countries.

Treaties must represent U.S. economic and security interests. According to Sen. Mike Lee (R-Utah), our economic and navigation rights are not going to be affected by the fact that the U.S. Senate has not ratified LOST. He found the loss of national sovereignty and mandatory dispute resolution included in the treaty quite troubling.

The International Seabed Authority (“the Authority”) has the power to distribute “international royalties” to developing and landlocked nations. “So hypothetically, a U.S. company that has invested hundreds of millions of dollars in developing clean and safe deep-sea mining machinery would be forced to give a portion of its profits to countries such as Somalia, Sudan, and Cuba – all considered to be developing nations by ‘the Authority.’”(Sen. Mike Lee in the American Legion Magazine)

The former Democrat Senator and Chairman of the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, Mark Begich, supported the ratification of the Law of the Sea Treaty (LOST). He believed that it provided rules to handle future underwater minerals, gas, and oil exploration and shipping on new water routes opened by receding Arctic icepack, all under the United Nations aegis. The global warming theorists believed that the icepack melt would be a constant in the future.

According to the Heritage Foundation, innocent passage through an area is already protected under “multiple independent treaties, as well as traditional international maritime law.” Few countries deny passage to the U.S., given its naval superiority.

Under LOST, “intelligence and submarine maneuvers in territorial waters would be restricted and regulated.” It is thus not in the national security interest of the United States to ever ratify this treaty.

LOST requires policies that regulate deep-sea mining, rules and regulations to control and prevent marine pollution, and control of corporations who cannot bring lawsuits independently. They must depend on the country of origin to plead their case in front of the United Nations agency.

President Reagan objected to the Principle of the “Common Heritage of Mankind,” which instructed that marine resources belong to all mankind and cannot be exploited by one nation. https://www.heritage.org/commentary/the-law-the-sea

According to Heritage Foundation, the UN “Authority” must regulate mineral resources by asking companies to pay an application fee and to reserve an extra site for the “Authority” to “utilize its own mining efforts.” https://www.heritage.org/defense/commentary/un-sea-treaty-still-bad-deal-us

A corporation must also pay an annual fee, up to 7 percent of its annual profits, and share its mining and navigational technology. Mining permits are granted or withheld by the “Authority” which is composed of mostly developing countries.

Under LOST, any kind of maritime dispute, fisheries, environmental protection, navigation, and research must be resolved under this treaty through mandatory dispute resolution by the U.N. court or tribunal which limits autonomy. But disputes should be resolved by U.S. courts.

When Congress approves the USMCA agreement, the Law of the Sea Treaty (LOST) will also be ratified through the back-door, by including it in the USMCA.  Which senator is going the read this massive bill?

After less than two years of negotiations, the USMCA was released early on October 1, 2018 on the USTR website for the public to read. It runs for 1,809 pages — 1,572 pages for the treaty chapters, 214 pages for additional annexes, and 23 pages of side letters.” https://www.thenewamerican.com/print-magazine/item/30541-what-s-wrong-with-the-usmca?vsmaid=1929&vcid=11070

Senators like Orrin Hatch (R-UT) are eager to pass USMCA trade agreement. But we must inform our senators that any future “free trade” agreements must be discussed transparently. Those running for office should be forced to go on record whether they will support USMCA or oppose it. We must not pass this massive USMCA trade agreement in order to find out what’s in it as Nancy Pelosi famously said about the not so Affordable Care Act. There is more than just “free trade” in this huge USMCA (United States-Mexico-Canada) document.

Thursday, August 1, 2013

Detroit's Failure, a Product of Liberalism and Greed

“The last thing Detroit needs is a bailout. What it needs is to sweep away a city charter that protects only bureaucrats, civil-service rules that straightjacket municipal departments, and obsolete union contracts. A bailout would just keep the dysfunction in place. Time to start over.”
- Bill Nojay, Former COO of Detroit’s Department of Transportation

Detroit, the former “Paris of the West” is now oozing blight, rust, decay, garbage, and union corruption. It is now a pathetic example of its former greatness, the city of the auto industry, envied around the world, the city of a thriving middle class.

At the height of its glory, Detroit was America’s fourth largest city with almost 2 million people. After decades of population flight, there are 700,000 people left. Police response to an emergency call is 58 minutes, street lights are cut in half, and the median home price is $9,000, with some homes worth as little as $500. It seems like a bargain if the city will ever be rebuilt. Its location is certainly strategic, with access to the Great Lakes. There are interests in the heavy rail industry and there are plans for a $25 million light rail.

The statistics are sad. Thirty percent of Detroit’s 140 square miles are vacant or deserted; 33,500 homes are unoccupied and 90,000 lots are vacant. Many homes have been bulldozed. If a lone home is occupied on an otherwise abandoned street, the residents are forced to move and the house is demolished. Sixty percent of children live in poverty. Homicide rose 79% in 2011. There is no chain supermarket left in the city.

Detroit is a classic example of failed obamunism and personal responsibility; it played out the union-controlled socialism to the bitter end and it lost the destructive game - eventually all socialists run out of other people’s money as Margaret Thatcher used to say. Detroit is now a picture of litter and filth with few suburbs left that take pride in their appearance. Pontiac and Flint are not far behind in their march towards insolvency.

There are 61 counties and municipalities currently in the U.S. who have filed for bankruptcy or will follow in the footsteps of Detroit, the largest municipality to fail in a string of more to come.

The administration’s Cap and Trade policies will de-industrialize our country, bankrupting so much of the coal industry that generates electricity, devastating businesses and individuals alike in the process, and causing more cities and counties to fail.

Many executive orders signed under every presidency since Bush Sr. (1992) implemented the United Nations Agenda 21. Through green zones, stacking people in high rise, mixed-use apartments in approved corridors, the Wildlands map, Smart Growth, Sustainability, environmentalism gone amuck which claims to save the planet from a manufactured global warming, will cause abject poverty in many other places.

There were many reasons why Detroit failed:

-          union control and collective bargaining

-          automatic union deductions funds; public unions block any meaningful reforms and help elect local officials who are sympathetic to unions and who in turn negotiate the union members’ salaries and benefits

-          public employee unions corruption (pension abuse such as “spiking” pensions with excess overtime during the last year of employment; claiming disability in the last year before retirement; contracts with much earlier retirements than the private sector)

-          nobody is terminated for incompetence if they belong to a union

-          use of union dues to support Democrat coffers with or without employee approval

-          non-stop Democrat control of the city since 1961

-          out of control corruption

-          citizens re-electing the same individuals who actually did jail time for their crimes

-          lack of personal responsibility and work ethic

-          job losses in the auto industry

-          decades of population flight

-          race riots in the late sixties and early seventies

-          environmental and health warfare

-          diminished tax base following the population exodus

-          the failure of the federal government to protect our manufacturers

-          the main stream media misinforming low information voters

-          bank deregulation and capital flight

-          closings of catholic schools in the 1970s

-          racial tensions exacerbated by Coleman Young

-          purposeful segregated areas in town by various black mayors

-          lack of collection of property taxes (50% collection rate) and enforcement of non-payers

-          distorted Christian values

-          burdensome additional utility, sales, and property taxes extracted from the poorest of the poor instituted by Mayor Cavanaugh (an additional 3 percent)

Detroit is the most race-conscious city in America. Blacks have been told for so many years that white men are the reason for their economic plight therefore they blame white people for their problems. The culture of drug dealing and drug use dominate the inner-city. Single parent households have replaced fathers with the nanny state. Government welfare enabled women to procreate and survive while making fathers obsolete.

Children are prescribed Ritalin when it is not really necessary, adults are over-prescribed anti-depressants, and their diets are poor. Is it any surprise that people are left confused and unable to make proper decisions, especially when they are lied to by the MSM?

The two-thirds majority in Congress carries the blame for voting for NAFTA, CAFTA, GATT, and bank deregulation, for enabling the manufacturing exodus to other countries in search for cheaper labor. Over-demanding union contracts shipped more jobs to right to work states, diluting the tax base even more.

NAFTA, the North American Free Trade Agreement between Canada, Mexico, and U.S., passed in January 1, 1994, and CAFTA, Central America Free Trade Agreement, an extension of NAFTA, passed through U.S. House of Representatives by one vote in the middle of the night and signed by Congress on July 27, 2005, “caused the race to the bottom in labor.”

In the Chapter 9 bankruptcy court documents, bankruptcy which was allowed to proceed, half of the city’s liabilities are in pension plans and retiree health care costs. These benefits were negotiated by unions on behalf of their constituents.

Steven Rattner of the New York Times argues that we have to bail out Detroit and tries to make the case that the “700,000 remaining residents of the Motor City are no more responsible for Detroit’s problems than were the victims of Hurricane Sandy for theirs, and eventually Congress decided to help them. America is just as much about aiding those less fortunate as it is about personal responsibility.”

I happen to disagree because Hurricane Sandy was a sudden act of nature, totally out of anybody’s control, whereas Detroit’s problems were exclusively man-made over many decades of corrupt mismanagement. Many issues could have been addressed and avoided at the voting booth and through personal responsibility.

He further argues that the “shared sacrifice by creditors, workers, and other stakeholders” in the General Motor and Chrysler auto “rescue” should be maintained in rescuing Detroit. I would argue that he is comparing apples and oranges.

First, the auto rescue was not a “shared sacrifice,” it was a forced government reimbursement of stockholders of 29 cents on the dollar to the benefit of union interests, setting aside capitalist contract law and the prior claim of bondholders.

Second, the rest of the country should not have to “sacrifice” for the irresponsible behavior of Detroit unions, union members, politicians, mayors, and the lack of responsibility of Detroit citizens at the ballot box who thought that it was a good idea to keep in power the same corrupt Democrats since 1961.

Americans were not and are not in favor of bailing out General Motors, which is now investing more taxpayer dollars into job creation, factories, ventures, research, and dealerships in China rather than the U.S., and Chrysler, which is now an Italian-controlled corporation. Likewise, the majority of hard-working Americans are not in favor of bailing out Detroit nor California.  

Further reading: 

Who Killed Detroit City and Why? By Dave Hodges, Activist Post
We Have to Step In and Save Detroit, Steven Rattner, The New York Times
The Public Union vs. the Public (Philip Howard, founder of Common Good)
http://bit.ly/13Xllat