Profiting from injustice

December 16th, 2012

How law firms, arbitrators and financiers are fuelling an investment arbitration boom

A small club of international law firms, arbitrators and financial speculators are fuelling an investment arbitration boom that is costing taxpayers billions of dollars and preventing legislation in the public interest, according to a new report from the Transnational Institute and Corporate Europe Observatory.

Investment arbitration cases are brought by foreign investors against governments following alleged breaches of international investment agreements. Emblematic cases include tobacco giant Philip Morris suing Uruguay and Australia over health warnings on cigarette packets; and Swedish energy multinational Vattenfall seeking $3.7bn from Germany following that country’s decision to phase-out nuclear energy.

Profiting from Injustice uncovers a secretive but burgeoning legal industry which benefits from these disputes – at the expense of taxpayers, the environment and human rights. Law firms and arbitrators, who are making millions from investment disputes against governments, are actively promoting new cases and lobbying against reform in the public interest.

Download a PDF of the full report:

New Category added to Samadhisoft

December 7th, 2012

I’ve added a new category under which I can classify posts here in Samadhisoft.  It is:

Corporate takeover of government

I’ve been realizing for sometime that in their efforts to maximize profits for their shareholders, corporations have been working to control our governments in order to diminish the power those governments to make the laws that limit their actions and opportunities.

This is a major factor in the way human history is progressing now in the early 21st century.

We, as a species, should be deep into the realizations now that if we do not change directions, we are going to experience a calamity of truly historic proportions.  I call this the Perfect Storm.  A calamity so huge, in fact, that it will make all the other major ‘events’ of human history pale.

So, what makes us press on so heedlessly when the danger signs are growing so prolifically around us?

Some of it is our human nature.

But another very significant part is the fact that corporations have gotten so powerful that they are directly or indirectly controlling our governments for their own aims.  And, as those aims are solely about maximizing profits for their shareholders, those aims do not include considerations about the future of our species or the health of the planet.   In many cases (as you will see in the links, below), corporations are working actively to defeat the very things we should be doing for own own survival. And they do this because if we are allowed to do these things, it would interfere with their profits.

To get an idea of the size and tenacity of the problem, consider that of the 100 most powerful economies on the planet, 51 of them are corporations.

In honor of the new category  and to review for you some of the stories and perceptions that have led me to this POV, I’ve listed below a number of stories and pieces I’ve written or reported on here that bear on this subject:

 

 – The Corporate “Heist” of the United States Government Began With a Memo in 1971

– Forbidden Planet – George Monbiot

– Tobacco and the manipulation of public perception for corporate profit

 – The new face of how corporations dominate governments

– The Greedy are everywhere…

– Myth of Perpetual Growth is killing America

– Top (American) CEO pay equals 3,489 years for typical worker

– Why increasing corporate control of our world is bad

– Obama tries again to end oil subsidies

– Corporate Margins and Profits are Increasing, But Workers’ Wages Aren’t

– Plutocracy, Pure and Simple – George Monbiot

– Syngenta PR’s Weed-Killer Spin Machine: Investigating the Press and Shaping the “News” about Atrazine

– Ohio Lawmakers Introduced 33 Bills Last Year Based on ALEC Model Legislation

– Directors’ pay rose 50% in past year, says IDS report
– Financial world dominated by a few deep pockets
– As Verizon Demands Huge Cuts to Worker Benefits, Its Profits Soar and Its CEO Gets $18 Million in Compensation
– America in Decline – Noam Chomsky
 – Health Insurers Making Record Profits as Many Postpone Care
 – Lobbying Firm Advising Corporate Clients How to Take Advantage of Campaign Finance Ruling
 – We’re having the wrong conversations

– The Supreme Court and Corporations

– Corporations Are Citizens – What Are We?

Forbidden Planet

December 4th, 2012

– George Monbiot is brilliant,  He’s one of my favorites.   He has a way of taking things apart so clearly and laying all the pieces out.

– His theme here, that preventing global ecological and climatic disaster is in direct opposition to Capitalism, is not new.  

– Numerous others, like James Gustav Speth in The Bridge at the Edge of the World, have said precisely the same thing.

– The really scary bit is when you contrast the truth of their observations against the fact that the world’s impending ecological and climatic disasters have largely gone off the radar with the rise of the world’s financial crisis and that the main thing most folks are concerned with fixing is getting Capitalism back up on its feet, then you can see why many of us are thinking we’re doomed.

– – – – – – – – – – – – – – – – – – – – – – –

Forbidden Planet

By George Monbiot, published in the Guardian 4th December 2012

Humankind’s greatest crisis coincides with the rise of an ideology that makes it impossible to address. By the late 1980s, when it became clear that manmade climate change endangered the living planet and its people, the world was in the grip of an extreme political doctrine, whose tenets forbid the kind of intervention required to arrest it.

Neoliberalism, also known as market fundamentalism or laissez-faire economics, purports to liberate the market from political interference. The state, it asserts, should do little but defend the realm, protect private property and remove barriers to business. In practice it looks nothing like this. What neoliberal theorists call shrinking the state looks more like shrinking democracy: reducing the means by which citizens can restrain the power of the elite. What they call “the market” looks more like the interests of corporations and the ultra-rich(1). Neoliberalism appears to be little more than a justification for plutocracy.

The doctrine was first applied in Chile in 1973, as former students of the University of Chicago, schooled in Milton Friedman’s extreme prescriptions and funded by the CIA, worked alongside General Pinochet to impose a programme that would have been impossible in a democratic state. The result was an economic catastrophe, but one in which the rich – who took over Chile’s privatised industries and unprotected natural resources – prospered exceedingly(2).

– More…

 

Life expectancy at birth (from the U.S. CIA)

December 3rd, 2012

* Monaco (1st) 89.68 years
* Japan (3rd) 83.91
* Australia (9th) 81.90
* Canada (12th) 81.48
* New Zealand (25th) 80.71
* United Kingdom (30th) 80.17
* United States (51st) 78.49
* Chad (225th) 48.69

Source: CIA Factbook

 

Who do you trust on Climate Change?

December 2nd, 2012

It’s a valid question.  We all know that there are climate change deniers and climate change proponents out there.  And they each seem to be deeply convinced of their point of view.

One could get cynical and jaded regarding the issue and it’s easy to believe that these ongoing arguments are just the same old arguments being hashed out over and over again with neither side budging year after year.

But is it a static and unchanging argument?

Well, I’m going to tell you that it is not.  And I’m going to give you the proof.  And afterwards, you can ask yourself if,  perhaps, you’ve been a bit too lackadaisical about all of this.

Who loves you, Baby?

When it comes TIME to put your money and your belief down on a issue like this, who would you trust?

Would you trust the tree-huggers who seem to go on and on about saving nature – with seemingly no regard for preserving our jobs, our communities and our way of life?

Or would you trust the big oil, gas and coal corporations who tell us there’s nothing to worry about but whose profits are deeply dependent on all of us continuing to burn the fossil fuels they produce and sell to us?

Well, that’s a tough choice and it’s one we’ve been looking at for some time now.

New boys in town

But there are new players in this game now.  And these new folks have some very serious money and responsibilities on the table.  So, it is worth waking up again on this issue and seeing what they have to say.

Among these new players are the U.S. Pentagon, Lloyd’s of London and The World Bank, to name a few.  I think you’d agree that in a world full of monkey’s, these are some of the gorillas.

All of them have decided that the threat of Global Climate Change sounds serious enough that they’ve commissioned major studies to get at the truth of the matter for their own good.  And it is not surprising that they would.

The World Bank makes huge investments around the world and the success or failure of these investments may hinge on whether the threat of Global Climate Change is real.

Lloyd’s of London sells insurance. And when they do so, they are making a bet that they know what the odds are that a disaster might happen.   The fact that they’ve been in business for centuries, and that they are one of the world’s largest insurance firms, says that they know what they are doing when it comes to estimating risk.

And, of course, the U.S. Pentagon has the enormous responsibility of making sure that United States is, and remains, secure in the face of a changing world.

The studies they’ve commissioned have all come back saying that we, as a world, are proceeding into some very deep and serious problems.  These studies have confirmed what the environmentalists and the climate scientists have been trying to tell us for more than twenty plus years now.

Read it all for yourself

But don’t trust what I have to say on all of this.   Read it for yourself.  Here are the direct links:

The World Bank:

http://climatechange.worldbank.org/

Lloyd’s of London:  http:

//www.lloyds.com/~/media/3be75eab0df24a5184d0814c32161c2d.ashx

U.S. Pentagon:

http://www.cna.org/sites/default/files/news/FlipBooks/Climate%20Change%20web/flipviewerxpress.html

The Central Point

The central point in all of this is that Global Climate Change is real and it is a MAJOR threat to all of our futures.

That said, the worst aspects of these threats may still be a decade or two away.   Many of us are old enough (myself included) to think that none of this may matter to us.

But reflect for a moment on those you love.   Your sons, your daughters, your grandchildren and your relatives and their families and all the other folks you care about.

Just imagine the kind of a world we are on the brink of bequeathing them if all of this is true.  I know that none of you would willingly leave your dependents in dire straits.   So, you owe it to yourself and to them to open your mind and take a good look at these issues again, my friends.

A few samples from the reports

Here we’re going to learn that the world is well on its way to being 4°C [7.2°F] warmer by the end of the century.

Ironically, twenty years ago in 1992, the climate scientists who met in Rio then warned that the world could simply not sustain a temperature increase of more than 2°C with out major consequences.

Of that 2°C, we’ve now risen .8°C.

 

The World Bank Report says:

A 4°C warmer world can, and must be, avoided – we need to hold warming below 2°C.  Lack of action on climate change threatens to make the world our children inherit a completely different world than we are living in today. Climate change is one of the single biggest challenges facing development, and we need to assume the moral responsibility to take action on behalf of future generations, especially the poorest.

A 4°C [7.2°F] warmer world would also suffer more extreme heat waves, and these events will not be evenly distributed across the world, according to the report.

Sub-tropical Mediterranean, northern Africa, the Middle East, and the contiguous United States are likely to see monthly summer temperatures rise by more than 6°C [10.8°F]. Temperatures of the warmest July between 2080-2100 in the Mediterranean are expected to approach 35°C [95°F]– about 9°C [16.2°Fwarmer than the warmest July estimated for the present day. The warmest July month in the Sahara and the Middle East will see temperatures as high as 45°C [113°F], or 6-7°C [10.8-12.6°F] above the warmest July simulated for the present day.

Hotter weather could in turn lower crop yields in a 4°C [7.2°F] world—raising concerns about future food security. Field experiments have shown that crops are highly sensitive to temperatures above certain thresholds. One study cited in the report found that each “growing degree day” spent at a temperature of 30°C [86°F] degrees decreases yields by 1% under drought-free rain-fed conditions.

The report also says drought-affected areas would increase from 15.4% of global cropland today, to around 44% by 2100. The most severely affected regions in the next 30 to 90 years will likely be in southern Africa, the United States, southern Europe and Southeast Asia, says the report. 

The Lloyd’s of London Report says:

If the sea level were to rise just four meters due to climate change, almost every coastal city in the world would be inundated.

In publishing this report, it is not Lloyd’s intention to take a particular position, or to support a specific scenario. We simply aim to present the facts from the most reliable sources in a way which we hope will be helpful for those who trade in, and with, our market. We also want to generate debate about the specific steps which we might take as an industry to prepare for the increasing volatility of the climate.

Although debate continues, the growing body of evidence on greenhouse gases suggests that significant climate change is inevitable. Even if we stopped producing greenhouse gas emissions immediately, we would still experience rising temperatures for decades to come and sea temperatures will continue to rise for many centuries, due to inertia in the climate system.

We might hope that extreme ‘tipping points’ – the point beyond which change cannot be reversed – can be avoided. However, evidence so far must lead us to conclude that some level of change has already occurred and that it will continue to occur, perhaps at a higher level than previously thought.

One recent paper in Nature warns starkly: “Global warming may proceed at or even above the upper extreme of the range projected by the Intergovernmental Panel on Climate Change.”

The Pentagon Report says:

Projected climate change poses a serious threat to America’s national security. The predicted effects of climate change over the coming decades include extreme weather events, drought, flooding, sea level rise, retreating glaciers, habitat shifts, and the increased spread of life-threatening diseases. These conditions have the potential to disrupt our way of life and to force changes in the way we keep ourselves safe and secure.

The nature and pace of climate changes being observed today and the consequences projected by the consensus scientific opinion are grave and pose equally grave implications for our national security. Moving beyond the arguments of cause and effect, it is important that the U.S. military begin planning to address these potentially devastating effects. The consequences of climate change can affect the organization, training, equipping, and planning of the military services. The U.S.
military has a clear obligation to determine the potential impacts of climate change on its ability to execute its missions in support of national security objectives.

In the national and international security environment, climate change threatens to add new hostile and stressing factors. On the simplest level, it has the potential to create sustained natural and humanitarian disasters on a scale far beyond those we see today. The consequences will likely foster political instability where societal demands exceed the capacity of governments to cope.

Unlike most conventional security threats that involve a single entity acting in specific ways and points in time, climate change has the potential to result in multiple chronic conditions, occurring globally within the same time frame.  Economic and environmental conditions in already fragile areas will further erode as food production declines, diseases increase, clean water becomes increasingly scarce, and large populations move in search of resources. Weakened and failing governments, with an already thin margin for survival, foster the conditions for internal conflicts, extremism, and movement toward increased authoritarianism and radical ideologies.

So, what do you do with all of this?

You might wonder why I am writing this?  What do I expect you, my readers, to do with this information?  Maybe you suspect that I am hoping that all of you will undergo a sudden conversion and become rabid tree-huggers?

Nope, it is none of those and this is not a partisan based appeal either.   This is decidedly not about Conservative vs. Liberal or Religious vs. Secular.

It may be true, in general, that Liberals have been quicker than Conservatives to embrace a belief in Global Climate Change. But, in truth, neither side’s response to these problems has been anything other than tepid and lukewarm.  The best you can say for the Liberals is that they are still willing to “talk” about it though they’ve showed no serious signs of engaging it.   And with the Conservatives, it’s even worse as they are seeming moving away from the issues.

In 2008 the Republican party platform at least included language that called for a “decrease in emissions, reduction of excess greenhouse gases in the atmosphere and mitigation of the impact of climate change“.

By this most recent election cycle, there was a major shift away from this point-of-view.  The Republican 2012 platform eliminated any reference to climate change with the exception of prohibiting the “EPA from moving forward with new greenhouse gas regulations.”  Their platform also supported vice presidential candidate Paul Ryan’s accusation that climatologists use “statistical tricks to distort their findings and intentionally mislead the public on the issue of climate change.”

It is deeply scary that the Republican Party, that represents half of the American population, is in active denial of Global Climate Change.  And it is only slightly better that the Democrats at least still profess to still “believe” in the issue.  But all President Obama has really offered up in terms of improving things is to implement some better mileage requirements for cars.  In truth, he’s literally just messing with the deck furniture while the Titanic sails on to its appointment with an iceberg called Global Climate Change.

Folks, I’ll repeat myself.   This isn’t a partisan rant, this isn’t about Republicans vs. Democrats.  The  issues we’re talking about here cut a lot deeper than any of that.

What this is about is trying to convince you that these threats are terrifying and real,  And that they are going effect everyone and everyplace on this planet before long and that some of the biggest power players and smartest people on the planet are coming to that profound realization.

Vote – that’s what it’s about

This is about getting you to think about who you vote for because that is the leverage that each of us in a democratic society has to affect things.  Political parties don’t lead.   They simply reflect the beliefs of those whom they consider their electorate.  You, the voters, have to change and your parties will follow.  Show your change by who you vote for.

I urge you to vote for people, regardless of whether they are conservative or liberal, who’ve

A. Shown that they understand the issues around Global Climate Change.

B. And shown that they believe the issues are real and hugely important.

C. And shown that they are motivated to do something about it.

Many of our current politicians on both sides of the aisle  just cannot seem to see that the world is changing around us in dangerous ways.  For whatever reason, many of our current politicians are in serious denial about the coming consequences of Global Climate Change.

And in their denial they are frittering away all of our futures.  And most especially they are frittering away the futures of our children.

If you still have doubts about all of this, then go back and reread the reports I’ve referenced by the Pentagon, The World Bank and Lloyd’s of London again.  And then reflect on who these organizations are.  They are not tree-huggers or environmental destroyers.  And they most definitely are not here with ulterior motives to pull the wool over our eyes.

And these three organizations are not the only ones.  Governments and major business organizations all over the world are beginning to worry about what’s coming.

Wouldn’t it be nice if we could get the people we elect to wake up  and smell the coffee too?

 

 

Worst U.S. drought in decades continues

November 25th, 2012

The future?

The worst US drought in decades has deepened again after more than a month of encouraging reports of slowly improving conditions, a drought-tracking consortium said today, as scientists struggled for an explanation other than a simple lack of rain.

While more than half of the continental US has been in a drought since summer, rain storms had appeared to be easing the situation week by week since late September. But that promising run ended with today’s weekly US Drought Monitor report, which showed increases in the portion of the country in drought and the severity of it.

The report showed that 60.1 per cent of the lower 48 states were in some form of drought as of Tuesday, up from 58.8 per cent the previous week. The amount of land in extreme or exceptional drought the two worst classifications increased from 18.3 per cent to 19.04 per cent.

The Drought Monitor’s map tells the story, with dark red blotches covering the center of the nation and portions of Texas and the Southeast as an indication of where conditions are the most intense. Those areas are surrounded by others in lesser stages of drought, with only the Northwest, Florida and a narrow band from New England south to Mississippi escaping.

– more…

 

Personal – 26 Nov 2012

November 25th, 2012

Such good news.   My son, Chris, was granted a one-year work visa for New Zealand today.   We are all really happy about that!  Yay!

dennis

Global Warming and New Zealand

November 12th, 2012

– The New Zealand Listener Magazine has an editorial in their September 22-28, 2012  edition entitled:

GLOBAL WARMING – Record droughts, hottest US summer ever & Arctic sea ice vanishing – What does it mean for New Zealand?

– It makes a lot of good points and I recomend reading it if you are a New Zealander.

– It repeats a point that I’ve made on this Blog for a long time.  And that is that sooner or later, the same factors that brought me, and numerous other new immigrants to NZ, are going to become apparent to greater and greater numbers of folks and the rush to immigrate to NZ is going to be on.

– There will be, in the not too distant future, a lot of reasons to run away from other locations out in the world.  Rising sea levels, water shortages, food shortages, extreme weather and widening social chaos will be among those factors.   We’ve had economic and human rights refugees in the past.  These will increase in the future and to their numbers will be added environmental refugees.

– Right now, NZ is not in bad shape.

Our beautiful refuge

– We generate the majority of our energy needs from benign sources such as hydroelectric and geothermal.

– We also generate two or more times the food that we consume which is why we can do a handsome amount of agricultural exporting.

– We are also protected from the worst of the weather changes because our climate is strongly buffered by the fact that we are an island nation in the midst of a huge surrounding ocean.

– We also have a fairly homogeneous culture which is good.   It means that we, as a people, have fairly uniform ideas about how things should work.

– And, finally, we are protected from unwanted and forced immigration by that same ocean that surrounds us.   Australia is the closest and they are 1000 miles away  and most of the increasingly desperate world lies beyond them on the far side.

– But we will not remain in good shape if we don’t, as a nation, look out for ourselves.

– Should we let foreigners buy farmland here?

– The authors of the article think not and I agree with them.  If push comes to shove in a nastier future and we need the food that grows here to survive, we will not be happy if a significant portion of it belongs to folks from overseas and they want to ship it home to their own people.

– Should we let offshore folks own significant portions of our industries and our means of production?   I think not.  If the world gets tough, they won’t be asking ‘how can they help us with those things’.  They will be asking how those things can be used to help them.

– Should we let large numbers of folks immigrate into NZ from cultures significantly different from ours?  Currently, we are not split, say, over common law verses Sharia Law or whether women should be first class citizens here or not.  Or whether or not everyone should be able to practice their own religion so long as they leave other folks alone.  But, if we don’t watch our immigration rates and types, this situation could get away from us.  For a more detailed discussion of these ideas see here: 

– It is indeed sad that we might need to start thinking this way.  Is seems so isolationist and selfish and New Zealand has always been a compassionate and generous nation.

– But, tough times are coming.   The question is not ‘if‘ but simply ‘when‘.  And the question is not, ‘is it going to be bad?‘.   The fact is that it is going to be bad and the estimates of how bad it is going to be are only getting worse as we, as a world, keep continuing along without reacting to the dangers ahead.

– Please read the article.

– We in NZ are probably going to be some of the very luckiest people on the planet when the wheels come off because of our physical isolation, our low population, our excess food production capability and our well organized society.    But those factors are not going to be enough to save us  if we don’t look out for ourselves.

– The Arabs have an expression that comes to mind here:  “Trust in God, but tether your camel.

– dennis

– Late breaking:  Chinese want to buy into Fonterra.  See

 

 

Tobacco and the manipulation of public perception for corporate profit

November 12th, 2012

Want some?

– There’s a campaign running here in New Zealand on TV and, perhaps on radio and newsprint as well.   It’s called AgreeDisagree.co.nz and it’s put on by British American Tobacco New Zealand. It’s a subtle and devious plot to convince voters here in New Zealand that letting the New Zealand government legislate cigarette packaging is tantamount to the government taking away people’s choice and freedom to decide things for themselves.

Thus they try to convince people that the issue they are defending is the right of the people to make their own choices.

But, in fact, they are protecting their own profits.  They are placing their rights to their profits above the health of the people they are selling their products to. And they are placing their rights to their profits above the rights of a government to protect it own people against predatory Capitalism.

Want this?

There are growing complaints about this advertising campaign.  As I agree there should be.  This sort of thing is repugnant.  These folks are selling products that are clearly shown to damage other people’s health.

If you have any doubts about what these snakes are up to (how do they face themselves in the mirror each morning?), then check this story out.

– dennis

 

 

 

Indonesia heads for the 13th century

October 30th, 2012

– In a recent article, I lambasted the Islamic Fundamentalist Taliban for wanting to take us back to the 13th century.

– I also cited how big Islam is here on Earth:

If you look up Islam on the web, you will learn that 50 countries have Muslim majorities.  23% of the world’s population is Muslim.   Islam is the second largest religion in the world after Christianity.  And, Islam is the fastest growing religion in the world.

– Let’s add to that the fact that the most populous Islamic nation is Indonesia.

– So, it comes as more than a bit worrying that Indonesia’s Education and Culture Ministry is planning on changing the curriculum for Indonesia primary students.  See these links:    , , and 

– They are going to emphasize religious and Indonesian nationalist studies and eliminate Science and English studies.

– dennis