4 ms·
> The TPP doesn't alter the sovereignty equation, it is a trade treaty. Except that trade treaties become supranational constitutions when enterprises in other
by frandroid 11y ago
> The TPP doesn't alter the sovereignty equation, it is a trade treaty.
Except that trade treaties become supranational constitutions when enterprises in other countries can use trade courts to enforce treaty clauses over national governments' own legislation and constitutions since they usually surrender their sovereignty to these treaties. These kinds of effects have already been amply documented with regards to the WTO, CAFTA, NAFTA and others. This is political science mainstream. See: Stephen Clarkson, Uncle Sam and Us: Globalization, Neoconservatism, and the Canadian State (2002), among many others.
- deleted 11y ago[deleted]
- fweespee_ch 11y agoPlease provide evidence I can sue the US government as a purely domestic entity under NAFTA arbitration. Commerce has to cross the border for what you are saying to be true.
- cariaso 11y agoI can't provide specific evidence for you to sue the US Govt over NAFTA, but your comment > Commerce has to cross the border for what you are saying to be true. seems overly broad. I think there are established cases which disprove that. All it has to do is have an impact across the border, not necessarily trade across it. http://law2.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm http://law2.umkc.edu/faculty/projects/ftrials/conlaw/stateco... is full of interesting examples with Hunt v Washington State Apple Ass'n (1977) being one of many that seems relevant. And https://en.wikipedia.org/wiki/Gonzales_v._Raich https://en.wikipedia.org/wiki/Gonzales_v._Raich for an (arguably) purely domestic california marijuana law.
- fweespee_ch 11y agoThe topic is trade treaties, not the Commerce Clause. You seem lost on the context...the Commerce Clause isn't relevant to the impact of a trade treaty on domestic policy in regards to domestic companies.