“Corporations would get to comment on any new regulatory attempts, and enforce this regulatory straitjacket through a dispute mechanism similar to the investor-state dispute settlement (ISDS) process in other trade agreements, where they could win money equal to “expected future profits” lost through violations of the regulatory cap.
For an example of how this would work, let’s look at financial services. It too has a “standstill” clause, which given the unpredictability of future crises could leave governments helpless to stop a new and dangerous financial innovation. In fact, Switzerland has proposed that all TiSA countries must allow “any new financial service” to enter their market. So-called “prudential regulations” to protect investors or depositors are theoretically allowed, but they must not act contrary to TiSA rules, rendering them somewhat irrelevant.
Most controversially, all financial services suppliers could transfer individual client data out of a TiSA country for processing, regardless of national privacy laws. This free flow of data across borders is true for the e-commerce annex as well; it breaks with thousands of years of precedent on locally kept business records, and has privacy advocates alarmed.
There’s no question that these provisions reinforce Senator Elizabeth Warren’s contention that a trade deal could undermine financial regulations like the Dodd-Frank Act. The Swiss proposal on allowances for financial services could invalidate derivatives rules, for example. And harmonizing regulations between the U.S. and EU would involve some alteration, as the EU rules are less stringent.
Member countries claim they want to simply open up trade in services between the 51 nations in the agreement. But there’s already an international deal governing these sectors through the World Trade Organization (WTO), called the General Agreement on Trade in Services (GATS). The only reason to re-write the rules is to replace GATS, which the European Union readily admits (“if enough WTO members join in, TiSA could be turned into a broader WTO agreement”).
That’s perhaps TiSA’s real goal—to pry open markets, deregulate and privatize services worldwide, even among emerging nations with no input into the agreement. U.S. corporations may benefit from such a structure, as the Chamber of Commerce suggests, but the impact on workers and citizens in America and across the globe is far less clear. Social, cultural, and even public health goals would be sidelined in favor of a regime that puts corporate profits first. It effectively nullifies the role of democratic governments to operate in the best interest of their constituents.”
What’s Really Going on With the Trade in Services Agreement | The New Republic.