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TISA: Secret law is not law

How can citizens obey the law if they don't know what it is? I know, I know. Ask a global policeman! From the Wikileaks press release:

oday, WikiLeaks released the secret draft text for the Trade in Services Agreement (TISA) Financial Services Annex, which covers 50 countries and 68.2%1 of world trade in services. The US and the EU are the main proponents of the agreement, and the authors of most joint changes, which also covers cross-border data flow. In a significant anti-transparency manoeuvre by the parties, the draft has been classified to keep it secret not just during the negotiations but for five years after the TISA enters into force.


Despite the failures in financial regulation evident during the 2007-2008 Global Financial Crisis and calls for improvement of relevant regulatory structures, proponents of TISA aim to further deregulate global financial services markets. The draft Financial Services Annex sets rules which would assist the expansion of financial multi-nationals – mainly headquartered in New York, London, Paris and Frankfurt – into other nations by preventing regulatory barriers. The leaked draft also shows that the US is particularly keen on boosting cross-border data flow, which would allow uninhibited exchange of personal and financial data.

TISA negotiations are currently taking place outside of the General Agreement on Trade in Services (GATS) and the World Trade Organization (WTO) framework. However, the Agreement is being crafted to be compatible with GATS so that a critical mass of participants will be able to pressure remaining WTO members to sign on in the future. Conspicuously absent from the 50 countries covered by the negotiations are the BRICS countries of Brazil, Russia, India and China. The exclusive nature of TISA will weaken their position in future services negotiations.

Obviously, the oligarchs are doubling down. Everything since the 2008 crash has been great for them -- Obama's helped out a lot -- so why wouldn't they?

To me, this is clear evidence of the post- and trans-national nature of the market state. We are looking at a new form of governance, bursting out of the shell of the nation state.

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mitzi muffin's picture
Submitted by mitzi muffin on

I was thinking it was the dissolution of government, but post- and trans-national nature of the nation state works for me, too.'s picture
Submitted by on

It is not secret law.

It is a secret change to the foundations of the law, the constitution.

How the legislative branch can "advice and consent" and then ratify a secret treaty is a question I'd like answered.

Submitted by lambert on

Your point is well-urged. Reminds me of that scene in Alien, where the creature busts out of the guy's belly; so the market state bursts forth from the nation state.