Refer TPP to International Court of Justice, urges UN Expert on Democratic and Equitable International Order de Zayas

Refer TPP to International Court of Justice, urges UN Expert on Democratic and Equitable International Order de Zayas

Originally posted on Third World Network 

The UN Human Rights Council’s Independent Expert on the Promotion of a Democratic and Equitable International Order, Professor Alfred de Zayas, has called on the UN General Assembly to refer the Trans-Pacific Partnership Agreement (TPPA) to the International Court of Justice for an advisory opinion.

In a piece highlighted by the India-based madhyam.org, the distinguished professor of law said this is because even if the 12 TPPA Parties that negotiated the TPPA have ratified the deal and it is due to enter into force two years after its signing on 4 February this year, “its incompatibility with the rule of law would remain”.

Furthermore, said de Zayas, the citizens of all TPPA countries should demand a revision of the TPPA’s investment chapter as well as the abolition of the Investor-State Dispute Settlement (ISDS) regime, as both are an affront to democracy, justice, national sovereignty and “the ontology of the State as the protector of the public interest”.

De Zayas said the same judgement applies to the Comprehensive Economic and Trade Agreement (CETA) between the European Union and Canada.

“It is now the duty of Parliaments to conscientiously review every TPP chapter, ensure the regulatory space of States, and make concrete proposals how to deal with conflict of interests. Necessary revisions must be a condition to ratification.

“Moreover, in all twelve States referendums should be held in order to hear the will of the population that will be bearing the social consequences of TPP.”