Regulation Degradation
The WTO Working Party on Domestic Regulations may eliminate environmental and consumer laws that govern fishing and seafood safety.
Do you like eating in clean restaurants? How
about knowing whether your salmon is farmed or wild-caught? Or having
environmental regulation of fish farms? If you answered yes, then
watch out!
There’s a party going on at the World Trade
Organization, and as is usually the case with the WTO, you’re not
invited. This party is about getting rid of laws that keep our oceans
clean and our food safe. It’s called the Working Party on Domestic
Regulations, and they are working fast and furious to eliminate the
laws designed to keep us safe and in-the-know.
This
free-for-all attack on domestic laws is part of the General Agreement
on Trade in Services, GATS for short. In terms of seafood, this
includes laws governing fishing, fish farming, food processing,
labeling, storage, transport and even restaurant sanitation.
When the party’s over, countries could be required to prove that their own laws are “no more burdensome than necessary.” 1
You may ask, why would countries have to prove anything before passing
national laws to protect their own people and natural resources? We’d
like to know that too.
Imagine this: A restaurant chain in
China wants to open up a branch in Seattle, Washington. They’re
accustomed to following Chinese sanitation procedures. It could be
very “burdensome” for the Seattle branch to meet U.S. public health
standards. In fact, it might be so burdensome that they would rather
challenge our domestic law, rather than abide by our rules.
Unfortunately, it will be a small panel of unelected and unaccountable
WTO judges who will decide whether or not these U.S. laws are too
“burdensome.”
WTO judges are notorious for ruling against
consumer safeguards and environmental protections. They sided against
the Marine Mammal Protection Act’s dolphin-safe tuna and the Endangered
Species Act’s protection of sea turtles.
What laws could be challenged?
A whole plethora of laws that we take for granted could be challenged. Here’s a small sample:
- Worker safety standards at a tuna cannery;
- Mandatory health warnings for shellfish on menus;
- A Californian law prohibiting fish to be falsely labeled as organic; and,
- An Alaskan law that requires labeling of farmed vs. wild fish on restaurant menus.
What is the WTO?
The
WTO is a venue through which national “trade ministers” (unelected
officials more inclined to represent corporate interests than the
public interest) determine the rules of global trade. The goal of the
WTO is to remove any restrictions that make it difficult for
corporations to conduct their businesses around the world. When new
rules are made at the WTO, corporations profit at the expense of
people’s lives, livelihoods and the environment. Unaccountable and
undemocratic, WTO rules can override individual countries’ laws.
Once
upon a time, in the days before the WTO, international trade rules were
about the exchange of goods across borders. Trade in goods creates
enough problems, as any farmer who has been hurt by cheap imports can
tell you. Now, on top of that, the WTO is stretching its tentacles
deep into the realms of domestic regulations – tying the hands of
federal, state and local lawmakers, and deciding far from home what our
representatives can and cannot do to protect us and our environment.
It
is up to us to prevent the WTO from inserting its tentacles in every
arena: learn more, talk to others and tell your representatives at the
state and federal level that the WTO should not be interfering with our
laws.
Footnotes
1 General Agreement on Trade in Services, Article VI:4.
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