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Responsible Trade

Broken Promises: How the Clinton Administration is Trading Away Our Environment



Executive Summary

The Clinton Administration has frequently promised an environmentally sound trade policy, and just as frequently failed to deliver on its promises. This report documents three broken promises and the realities behind them.

Promise #1: Trade Rules Won’t Weaken Our Environmental Laws

  • Reality Check #1: Our protections for endangered sea turtles were just ruled a "trade barrier" by a World Trade Organization (WTO) panel, even though the law is fair, effective, and protects internationally recognized endangered species.

  • Reality Check #2: Europe’s ban on hormone-treated beef, a known cancer risk, was also ruled out of bounds by the WTO after a U.S. challenge. The precedent could haunt US consumers since the WTO could force us to lower our standards to weaker international levels.

  • Reality Check #3: Our clean gasoline regulations were weakened by the EPA after another WTO ruling against an important program under the Clean Air Act. EPA now expects increased smog in US cities as a result of the ruling.

  • Reality Check #4: America’s forests are under increased risk from exotic pests that hitchhike into the country on imported logs. US pest control authorities wrote weak regulations in order to comply with trade obligations, an important example of the chilling effect of trade rules.

  • Reality Check #5: Maryland legislators rejected Nigeria sanctions legislation aimed at protecting human rights and the environment. The State Department had lobbied against the bill as a trade violation.

  • Reality Check #6: Food safety is falling as imports rise under free trade policies.

Promise #2: We’ll Do Better in the Future, as we continue to negotiate trade rules.

  • Reality Check #7: The Committee on Trade and the Environment (CTE), initiated by the United States to make WTO rules more environmentally sensitive, achieved nothing in more than two years of existence.

  • Reality Check #8: The Multilateral Agreement on Investment (MAI), negotiated by the Clinton Administration, is the most anti-environmental trade agreement yet conceived.

Promise #3: Trade and Growth Equals Environmental Protection, so there is no need to worry.

  • Reality Check #9: There is no justification for complacency. Evidence linking trade and growth to environmental protection is based on flawed assumptions and weak evidence.

  • Reality Check #10: Short-sighted free trade policies promote global warming by diffusing the car culture to emerging economies, such as China. More rational trade policies would promote less fossil-fuel dependence.

  • Reality Check #11: Increased capital mobility increases corporate bargaining power. As trade agreements liberate corporations to move operations freely around the world, business gains leverage to press for weaker environmental regulations.

Recommendations

Trade policy should promote a high quality of life for all, not just big profits for large corporations. To move toward an environmentally responsible trade policy, the Clinton Administration should:

  1. Build domestic consensus for a green trade agenda. Such an agenda would include environmental assessment of all new trade agreements, trade negotiating authority that mandates environmental and labor protection in future trade agreements, increased leverage for Congress to ensure that this mandate is fulfilled, and abolition of the industry-dominated advisory system to the US Trade Representative.

  2. Reform the World Trade Organization. WTO rules should be changed so that they no longer threaten legitimate environmental laws. The WTO’s dispute settlement mechanism must be open and accountable.

  3. Establish a truly inclusive "Eminent Persons Group" to advise the WTO on needed reforms. Such a group could build public support for WTO reform, but it must be balanced between champions and critics of the current trade system.

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