[Peace-political] Recommended Reading

[Jerry Landay]

	I urge you all who actively oppose the NAFTA accord and have marched
against it to read William Greider's article on 'TAKINGS" in the Oct. 8
issue of The Nation.  It has not been put on the magazine's web site, so I
cannot forward the complete text.

	Greider reports on detail on a little-known provision within NAFTA that
permits corporations in member nations to collect damages in court for
regulations imposed by signatory governments that the company feels have
damaged its earnings.  The "court" -- a 3-man judicial panel -- is
effectively named by the company and the governmental defendant, and its
proceedings are conducted in deep secrecy.  Trials and suits are underway as
I write.

	This is an extension of a cardinal legal principle pushed by the American
legal right that deems regulations such as those dealing with environmental
protection to be a "taking" of company property similar to eminent domain,
and requiring payment.  So far, the article explains, Justice Scalia opposes
it because it will uncork a load of sovereignty issues that could end up
goring the ox and undermining the power of the Supreme Court.  But Justice
Thomas favors the provision and wants to press it.  There would be no
greater squelch to citizen protections achieved through government
regulation than the threat by bureaucrats of being sued for regulations laid
down for the public good.  The potential impact on national sovereignty is
enormous.

	This article helps us to know more about what we act against when taking
part in actions against NAFTA.  The provision may well be inserted into FTAA
as well.  It is a lengthy article, but worth the investment and the
understanding Greider offers.  Knowledge is power!  Borrow the magazine from
a friend or read it in the library.  Photocopy it for your friends.  Thanks.

	Jerry M. Landay