With some help from my friends (lawyers Anders Bruun and Ben Piper) I argued a case before the Federal Court of Appeal yesterday. The Court ruled from the bench; the result was mixed but more of a defeat than a victory.
Among other things, the case was about money. An awful lot of it -- over $17 billion. That is actually a realistic estimate of the value of the Canadian Wheat Board that has been destroyed by the Harper's government's decision to get rid of the Board's marketing monopoly for wheat and barley and to fire all of the directors elected by the farmers to sit on the Board.
With the benefit of the market power the monopoly afforded, a smart farmer-controlled Board had built an international brand for Canadian wheat that allowed it to claim a very nice premium in the market -- somewhere between $600-800 million a year. It also allowed the Board the leverage to negotiate favorable supply chain arrangements with the rail companies and international grain conglomerates so that grain could be moved efficiently to markets.
While the Wheat Board still exists, it has been run by Harper appointees since Dec. 2011 and has no marketing power. Last summer, the failure of supply chain logistics to move a bumper wheat crop to market cost farmers an estimated $4 billion.
The court was dealing with motions to strike a proposed class action brought on behalf of grain producers seeking compensation for the value of the Wheat Board the Government had taken and will now either sell or wind down.
At the center of the case was this question -- can the Government simply take the assets, which include the enormously valuable goodwill the Board built, from the farmers who paid for and built those assets, and do so without paying the farmers for them? The Court said yes. Why? Because according to the Court the farmers weren't "shareholders" and had no proprietary interest in those assets.
A U.S. law requiring the simple labeling of meat and poultry products for the country of origin (COOL) was determined to violate trade rules by a dispute panel at the World Trade Organization (WTO) today.
The ruling demonstrates again how trade rules have been rigged to benefit multinational corporations and run counter to the interests of consumers who want more information about the food they purchase and farmer and ranchers who target local markets.
Knowing where your food comes from is an important right for consumers all over the world. This ruling is also a loss for farmers and ranchers who are selling to domestic, local markets and who want to build stronger connections with consumers. Trade rules should never get in the way of greater transparency in the marketplace. The USDA should not give in to the WTO on COOL in the short term, and should appeal the ruling. In the long term, we need to reform or throw out trade rules that undermine consumers and farmers.
Thousands of farmers, environmentalists and fair trade activists will gather on October 11 in over 300 events across Europe to protest the Transatlantic Trade and Investment Partnership (TTIP) and promote positive alternatives to the current rhetoric of free trade agreements.
Europeans have the right, enshrined in the Treaty of Lisbon, to demand action by the European Commission if they gather at least a million signatures. This spring citizens launched a European Citizens Initiative (ECI) calling on the Commission to repeal the negotiating mandate for TTIP and to abandon the talks for the EU-Canada Comprehensive Economic and Trade Agreement (CETA). Following the European Commission’s rejection of the ECI on TTIP earlier this month, activists launched a self- organized European Citizens initiative. In less than 3 days over 350.000 European citizens have signed up in their support of the initiative.
Yesterday, the European Council published the negotiating mandate for TTIP. This is an important first step towards transparency that goes further than any action taken so far by the U.S. government, although it’s worth noting that the document had been leaked more than a year ago. The Council’s decision illustrates just how important public pressure is in ensuring a democratic and transparent process, but much more must be done to increase the transparency and accountability of negotiations.
If the World Trade Organization trade dispute, U.S. Upland Cotton Subsidies (WT/DS267), were a war, the October 1 Memorandum of Understanding (MoU) to settle the dispute contains Brazil’s unconditional surrender to U.S. demands.
The signing ceremony in Washington was timed to ensure minimal Brazilian press coverage, as Brazil focused on the October 5 presidential and sub-federal elections. Brazil won the cotton dispute in 2004. However, the United States tried various tactics to avoid complying with the WTO rule of law, including claiming that a dispute under the existing WTO rules could only be resolved under the terms of new rules in the yet to be concluded Doha Round of WTO negotiations. Following an unsuccessful U.S. appeal, Brazil was authorized by the WTO in November 2009 to levy up to $800 million in annual retaliation, including retaliation outside the agricultural sector.
It useful to memorialize the MoU’s terms of surrender and the shock and awe precedent it sets for any WTO member who is contemplating litigation against the 2014 Farm Bill. Then we can speculate about why Brazil agreed to a settle for a relatively paltry sum and to abandon its rights as a WTO member to dispute the cotton subsidy terms of the 2014 Farm Bill.
As the science and practice of agroecology provides a way forward to address food insecurity, rural poverty, climate change, drought and water scarcity it is encountering an intentionally misleading campaign called "Climate Smart Agriculture," being promoted by the World Bank, FAO, and newly launched corporate-dominated Global Alliance for Climate Smart Agriculture. Do not be fooled by the title. Climate Smart Agriculture incentivizes destructive industrial agricultural practices by tying it to carbon market offsets based on unreliable and non-permanent emissions reduction protocols.
While Climate Smart Agriculture is designed to expand carbon markets and serve the interests of agribusiness and the financial industry, the practice of agroecology boasts a scientifically valid response to climate change and is designed for the purpose of rebuilding decentralized, just, and sustainable agricultural systems. This differentiation is extremely important as we anticipate further erroneous claims that Climate Smart Agriculture and agroecology are interchangeable concepts. They are not.
Below are a few significant new developments and emerging opportunities:
Trade rules have always been one of the biggest hammers the biotech industry has had to push genetically modified crops on the world. Nearly a decade ago, the industry, through its surrogates at the U.S. Trade Representative (USTR), targeted the European Union’s precautionary approach to regulating GMO crops at the World Trade Organization and won. Later, Wikileaks revealed numerous cables from U.S. embassies in Europe calling for plans to retaliate against countries that didn’t support GMO crops.
While working on behalf of the biotech industry internationally, the U.S. government has largely ignored the growing opposition to unlabeled GMOs in the U.S. After the Obama Administration disregarded more than a million comments to the U.S. Food and Drug Administration (FDA) calling for mandatory GMO labeling, advocacy has moved to the state level, where more than 20 US states are considering GMO labeling.
Earlier this year, Vermont was the first state to require GMO labeling without restrictions. The Grocery Manufacturers Association immediately filed a legal challenge to the law. Maine and Connecticut passed GMO labeling laws last year contingent on neighboring states also passing GMO labeling laws. In a few weeks, Colorado and Oregon will vote on ballot initiatives to label GMOs—initiatives Monsanto has poured literally millions into defeating.
Since the National Nanotechnology Initiative began in 2000, it has coordinated research financed by more than $20 billion, divided among 26 U.S. federal agencies, to develop products that incorporate atomic to molecular-sized materials, such as silver, titanium dioxide and starch. Back then and even now, nanotechnology has been hyped as a new economic sector and the technological platform of the 21st Century Industrial Revolution.
Like so many bold claims about new technologies, widespread commercialization of the latest big thing has been much more difficult than forecast. At an National Nanotechnology Initiative (NNI) workshop on September 11 and 12 in Washington, D.C. about the manufacture and commercialization of nano-sensors, an investment banker told federal officials, nanotechnology product developers and a couple of NGOs, including IATP, that nanotechnology is not the exciting economic sector where investors are underwriting research for every product prefaced by “nano.” (Sensors are devices that detect and analyze a broad array of phenomena, including air contaminants, toxins, pathogenic bacteria and nutrients.) Furthermore, he said, it was hard to find patient and knowledgeable investors to finance sensor research and development, and “very hard” to finance the development of nano-sensors. The NNI workshop could have been subtitled “Nanotechnology without the Hype.”
From France, which gave us the Rights of Man, we hear the call for the Rights of Citizens from French farmers who yesterday staged a sit-in at Cargill’s headquarters in Paris protesting proposed new free trade agreements. The second largest farmers’ union in France, Confédération Paysanne, unfurled a banner that read, “Holland, Juncker, Obama: Don’t offer farmers and citizens to multinationals, stop TTIP and CETA.” They occupied the Cargill trading floor all day, until they received an appointment with the Secretary of State for French Foreign Trade, Mr. Matthias Fekl.
The two new trade agreements being negotiated between the European Union and the United States (TTIP) and Canada (CETA) are the latest in a long running battle between citizens and global corporations. With each new treaty, the corporations attempt to changes the rules of economic and social life to give themselves control of the world’s natural resources and how decisions are made for their use. More an more, trade policy is becoming a central influence on everyday life.
IATP met Confédération Paysanne and other French farmers at the WTO protests in Seattle in 1999. They brought with them from their cooperatives in the Larzac region great wheels of Roquefort cheese that sustained many of us throughout several days of tear gas barrages. The Battle for Seattle has become the battle for the rights of citizens against the corporations. The French farmers have called us to the ramparts. The message that greets you when enter the Larzac region says, “Le monde n’est pas une marchandise.” We agree.
The controversial Global Alliance for Climate Smart Agriculture (GACSA) was officially launched yesterday at the U.N. Climate Summit. The announcement came in the wake of rising criticism from civil society, including IATP, about the intentionally vague term “climate smart” versus the more established science of agroecology, as well as the corporate-led participation of GACSA.
The agriculture session of the summit, where GACSA was announced, took place late in the day, after countries had made their declarations and commitments. Earlier, President Obama began by naming climate change the defining issue of today—above terrorism, instability, inequality and disease. “Deepening science says this once-distant threat has moved firmly into the present,” he said, adding that “we need to work together as a global community to attack this global threat before it’s too late.”
Unfortunately, the president’s support of “Climate Smart Agriculture”—the latest corporate spin on false solutions—only contradicted his urgency as he, like GACSA, failed to bring agroecology into the fold. He said that the U.S. has helped farmers around the world practice Climate Smart Agriculture by planting “more resilient crops”—referring to seeds genetically modified to be drought resistant.
On Monday, the Carbon Underground, Rodale Institute and Organic Consumers Association held a press conference featuring leading scientists to explain why cutting emissions alone won’t solve climate change, and how nurturing healthier soil is an essential part of the climate solution. Speakers included “Coach” Mark Smallwood, the Executive Director of the Rodale Institute; Dr. Kristine Nichols, Chief Scientist at the Rodale Institute; Dr. Richard Teague, Professor at Texas A&M; Andre Leu, President of the International Federation of Organic Agriculture Movements (IFOAM); Vandana Shiva, Founder of the Research Foundation for Science, Technology and Natural Resource Policy; Dena Hoff of La Via Campesina; and Tom Newmark, Co-Founder of the Carbon Underground.
The speakers had a powerful message to convey: we already have the tools to slow climate change. The metaphor used throughout the press conference was of a 400-pound man who visits a doctor hoping for advice on how to restore his health and the best solution the doctor offers is a diet plan that can slow the rate of weight gain. In this scenario, it’s obvious that the solution is not to slow the rate of weight gain, but to lose excess weight. The same applies to CO2 emissions: we not only need to slow the rate of emissions, but take CO2 out of the atmosphere. This is a task that regenerative organic agriculture (also called agroecology by many groups, including IATP) can achieve by building healthy soils to sequester carbon underground.