Search Result(s)

Economics and Emigration: Trillion-Dollar Bills on the Sidewalk?

This deceptive article shamelessly attempts to have Americans confuse immigration (which we generally like, with good reason) with GATS's "Movement of Natural Persons" which is a scheme to massively lower the entire world's wages, that trades away jobs with the aim of lowering wages, and also becomes an entitlement of jobs to broker for foreign services firms. Implementation of the WTO's GATS agenda which Bill Clinton agreed to, in 1994, could result in the loss of *tens of millions of decent jobs* to low wage "body shopping" firms. Its often been compared to slavery. It will in many cases mean huge profits for the already incredibly rich, by brokering skilled jobs, shaving off immense profits. according to leading economists. Notice especially how many misrepresentations are made in this essay which is an excellent example of the logical fallacies used to sell TiSA and GATS to our gullible nation. This article is not about what we think of as immigration because the Mode 4 is not about immigration, its about non-immigration only which allows workers coming here to work for short periods of typically six years, often at very low wages. These irreversible trade rules which as they have admitted have no expiration date, are a betrayal of the nation and the reason the stakes wee sohigh in 2020. They are designed to give foreign investors certainty and protection from the voters wishes all around the world. no matter how bad a crash or other economic disaster gets the governments cannot help. Services FTA also block increases in the minimum wage for workers if they apply to the huge foreign temping firms which are expected to take over entire industries (typically highly unionized ones) Please read up on the related categories listed in the keyword tags.

Ongoing negotiations on countries domestic regulations under the GATS Article 1:4 mandate.

The GATS already contains disciplines on barriers to trade in services in the form of restrictions on https://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#art16">market access (Article XVI) and on https://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#art17 national treatment</a> (Article XVII). Market access restrictions encompass quantitative restrictions such as limitations on the number of services suppliers, total value of services transactions or assets, total number of services operations, the total quantity of services output, the total number of persons that may be employed, as well as measures restricting or requiring specific types of legal entity or joint venture, and foreign equity limitations. <p> The obligation of national treatment prohibits the discriminatory treatment of foreign services and services suppliers when compared to domestic services and services suppliers. In drafting the GATS, negotiators recognized that non-quantitative, non-discriminatory measures relating to licensing and qualification requirements and procedures, and technical standards could also adversely affect trade in services. For example, excessively lengthy, complex and opaque licensing procedures may discourage foreign services providers from doing business in the market of another WTO member. By the same token, lack of objective and transparent criteria, on the basis of which authorities would grant a qualification, may disguise protectionist intentions. Article VI:4 is not intended to start a deregulatory process, but rather to lead to better regulation that has the potential to address and prevent undesirable regulatory practices. In more general terms, WTO negotiations on domestic regulation disciplines seek to boost good regulatory practices and to enhance regulatory quality, with a view to boosting economic growth and development. </p> Evolution of the negotiations Between 1995 and 1998, WTO members negotiated in the Working Party on Professional Services the <a href="http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/s/l/63.doc" target="_blank">Disciplines on Domestic Regulation in the Accountancy Sector</a> (<u>S/L/64</u>) and adopted the Guidelines for Mutual Recognition Agreements or Arrangements in the Accountancy Sector (S/L/38). The Accountancy Disciplines were intended to be integrated into the GATS at the end of the Doha Round of trade negotiations (S/L/63). Therefore, they have not yet entered into force. Subsequently, a <a href="https://www.wto.org/english/tratop_e/serv_e/s_coun_e.htm#domestic">Working Party on Domestic Regulation</a> was established in 1999 for the continuation of the negotiations, replacing the earlier Working Party on Professional Services. The mandate of the Working Party is to develop generally applicable disciplines and to develop disciplines as appropriate for individual sectors.</p> <p> WTO members have focused on negotiating general disciplines on domestic regulation applicable to any services sectors within the scope of the GATS. Members felt that work on general disciplines would be more efficient than negotiating specific disciplines for each sector. </p> <p> In December 2005, the WTO Hong Kong Ministerial Declaration called on members to intensify negotiations and to develop a text for adoption before the end of the Doha Round.&nbsp; </p> <p> In the Working Party on Domestic Regulation, more than 60 WTO members have submitted drafting proposals. These were consolidated into a number of texts issued by the chair of the working party. &nbsp;The most recent was contained in a 2011 <a href="http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/s/wpdr/w45.doc" target="_blank" title="MS word format; opens in a new window">Progress Report</a> reflecting progress in the negotiations up to 2011 and containing possible options for disciplines on domestic regulation.&nbsp;</p> <p>Following a slowdown in negotiations between 2012 and 2015, activities were revived in 2016, with a number of text proposals submitted by members in the hope of securing an outcome by the 11th Ministerial Conference (MC11) in Buenos Aires in December 2017. However, no outcome was achieved at MC11. </p> The Working Party on Domestic Regulation met most recently in March 2019 to discuss a revised proposal for disciplines on domestic regulation.</p>

(Forbes) Court Case Against Trump "Immigration" (non-immigrant) Visa Ban Moves Forward

According to Forbes, even in the midst of the coronavirus epidemic, there is no reason not to outsource, and continue to outsourcing an ever growing, potentially unlimited number of good US jobs. (See also several articles on India's WTO suit DS503 in Inside US Trade, from March 2016, and others.) This is just nuts. Money isn't everything.

"If H-1B visa reform goes ahead, here are the GATS violations US would be committing" - Firstpost - India (2017)

"Few know that India has already filed an objection (referred to as ‘request for consultation’ which is the first step for trade dispute settlement) with the World Trade Organisation (WTO) in March last year on the current H-1B visa rules. If Trump has his way upending work-visa programs than the present Indian concerns may just look finicky. India requested for consultations with the US, regarding certain American measures for imposing increased fees (objections to “pay higher filing fees and fraud prevention and detection fees under certain specified circumstances”) on certain applicants for L-1 (a non-immigrant visa which allows companies to relocate foreign qualified employees to its US subsidiary or parent company) and H-1B (a non-immigrant visa that allows American employers to temporarily employ foreign workers in speciality occupations), and concerns relating to a numerical commitment for H-1B visas. India has said that these measures are in violation of several articles of the General Agreement on Trade in Services (GATS) — the set of multilateral rules that govern international trade in services. New Delhi requested for consultations with Washington that were held last year. India has not yet requested the WTO for establishing a Dispute Settlement Board (DSB). Specifically, India has said that some Washington measures on these categories of visa holders violate clauses related to Most-Favoured-Nation (MFN) treatment, rules on transparency, clauses on domestic regulation, measures to increase the participation of developing countries in world trade and commitments to market access and national treatment. Consider some of these stipulations under GATS. The national treatment clause says that a government shall accord services and service suppliers of other countries “in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers”. The MFN treatment clause requires that governments should accord “immediately and unconditionally” treatment “no less favourable” to a country what it accords to other countries for like services and service suppliers. In sectors where a country has undertaken market commitments, the measures that a country cannot “adopt or maintain” in its sub-regions or its territory extend to limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test, limitations on the total number of service operations or on the total quantity of service output expressed in numerical units in quotas, among other such stipulations. The clause on movement of Natural Persons Supplying Services in the GATS Annex says that though GATS does not prevent a country from applying measures to regulate the entry of natural persons into, or their temporary stay in its territory, “provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Member under the terms of a specific commitment”. All of these possible violations would be important to cite if India chooses to request WTO to set up a DSB. After the panel judgment, either of the countries can appeal against the judgment. If the highest international trade court even then rules in favour of India then US would be bound to comply. However, it is unclear how much the Trump administration would feel bound by its WTO commitments, including dispute judges’ verdicts against it. The growing rhetoric of “unfair” trade agreements used in the current US political discourse might even see Washington pulling out of the WTO. India and most other WTO members are in for rough weather in the present climate as far as trade negotiations with the US are concerned. In a hypothetical situation of India winning a case against the US regulations on work visas at the highest trade court and US ignoring the verdict against it, India can seek WTO’s authorisation to retaliate (to “suspend concessions or other obligations”) against the US — normally such an authorisation is not refused, trade experts opine. India could then consider imposing punitive tariffs on US imports. Another option for retaliation, experts say, could be the refusal to recognise some of the intellectual property (IP) rights of US right holders. But this option of retaliation could involve a much more complicated procedure. An across-the-board or discriminatory higher tariffs, on the face of it, would also be violative of international trade rules, particularly the MFN clause, though much depends on the nitty-gritties of the American legal changes in trade policy. Even Trump’s ‘Buy American, Hire American’ would not be so easy to implement if US does choose to abide by its international trade commitments. There could be two scenarios: one, when the US government procures only from domestic sources, and linked with that the government mandates that even a private entity must source from within the US. In both these possible realities, there is no talk of subsidies yet (which could violate other WTO rules). “In the first situation, the US has some flexibility — it is government procurement to mandate procurement from domestic sources provided this is for non-commercial use and for government’s own use. Then the US would be within its rights to mandate such a local procurement for government purposes. But if the US government mandatorily requires even the private sector to source domestically then that would be violative of WTO rules,” Abhijit Das, Head of the Centre for WTO Studies at the Indian Institute of Foreign Trade says. “Then the second situation where US government gives incentives to procure domestically, such an incentive would be violative of WTO subsidies agreement. This is commonly called the local content subsidy, which is prohibited,” he adds." Updated Date: February 06, 2017 08:39:31 IST

"Visas and Work Permits: Can GATS/WTO help or is a New Global Entity needed?"

Most Americans don't realize that previous Administrations put into place a gradual process that is trading "their" jobs away, and that the power of vastly lower wages is pretty much insurmountable when it really starts happening. The time to change this was in the past, when the primaries were determining political candidates. Where will now working Americans go? Anywhere we can afford. We will be on our own as GATS and similar agreements are also silently dismantling safety nets all around the world. This is an example of the literature on setting up a global "GATS Visa" that trumps national laws on work-related permits.

transnational capitalist class

Trade deals effectuate an increase in the huge amounts of inequality in the world, and its partially done by means of what amounts to a cheap lawyers trick.

Temporary labor migration programs Governance, migrant worker rights, and recommendations for the U.N. Global Compact for Migration

By Daniel Costa and Philip Martin • Economic Policy Institute August 1, 2018. The suggestion made that only some inherently temporary jobs should rely on migrant work and workers is a good one but its quixotic and shamefully unrealistic with all of Wall Street counting the gains to be had from turning literally most work into precariatized, temporary labor. Even despite coronavirus, they are determined to do it, "on principle" (Note: One might get a dangerously ignorant false impression on the situation from this paper, if one doesnt realize how much power is being brought to bear to crack our ability to regulate work-related labor. The WTO wants to be put in charge - and has since it was still its predecessor, GATT in the 1980s. In fact putting "Services" under the WTO was the main reason it was formed.) (The effect on wages and the existence/sustainability of having a middle class globally will be astronomical.)

GATS Mode 4: Movement of Natural Persons and Protection of Migrant Workers’ Rights (International Labor Organization)

GATS Mode 4: Movement of Natural Persons and Protection of Migrant Workers’ Rights By Pradip Bhatnagar A Paper presented during the Challenges and Opportunities of Bilateral and Multilateral Arrangements for the Mobility of Health Professionals and Other Skilled Migrant Workers Training Programme held on 8-10 October 2014, Philippines (note: Migrant Workers in this context are usually high skilled, professional laborers, such as doctors, nurses, computer programmers, engineers, coders, administrative workers, teachers, or executives.) Other jobs don't matter as much profit wise so the body shop firms are not interested in them, but ultimately, like shale gas etc, they will in turn come under the same pressures.

Migration Policy Institute's "Migrants' Human Rights: Could GATS Help?" ignores core facts about GATS Mode Four, whitewashes its problems.

NOTE: The WTO is completely human rights agnostic. And as such GATS Mode Four favors multinational staffing (i.e. "body shop") corporations moving to countries with very low wages and levels of regulation that are signatory to many trade agreements, in a sense forum shopping for the countries with the lowest wages and worker rights. (which will often apply in lieu of a labor consuming country having other laws, other laws that may not even be applicable if the work is done under a trade agreement, for example, see WTO document T/N/S/14 for the arguments against national wage laws applicability. Trade agreements are also harmonizing other regulations downward to the lowest common denominator levels. When the WTO talks about "wage parity" for example, it means the lowest legal wage. i.e minimum wage, not prevailing wages in a field.

Temporary Movement of Labor Fuels GATS Debate (Migration Policy Institute)

(I disagree with many of the assumptions made by this article and similar articles. In particular, I see the so called "efficiency gains" advocates claim from deals like GATS, TISA, NAFTA, and similar as losses. Unambiguously.) On the other hand, I feel traditional immigration is a gain, the kind of immigration where people move permanently with their families, that isnt used as a substitute for educating and taking care of the needs of our own workforce. In other words, its seen by myself and many others as a means of reducing the wages of workers more than anything else. Part of a war on the continued existence of a middle class.

Graphic illustrates why the oligarchy wants to capture migration for corporations..

Globally. Thats a hidden gotcha they embedded in the WTO when it was set up. Which could easily turn out to be one of the epic mistakes of all time. This graphic which is repeated in a great many of the dozens of papers hyping TMNP is also fairly misleading, given that the ratio between wages in expensive countries like the US and poor countries like India can be 20 times or more, not the small amount pictured here. Also, they consistently try to confuse temporary movement of natural persons with actual immigration for the purpose of permanent migration (traditional immigration) which most Americans have a favorable opinion of. But the two are totally different. One is freedom, the other is often compared to modern slavery.

Edward Alden: India's landmark WTO challenge to US

In the midst of a xenophobic U.S. presidential campaign in which candidates in both parties have harangued China and Japan over their trade policies, and leading Republicans have called for a "great wall" to keep out immigrants from Mexico and Central America, one country has quietly refused to take it any longer. The government of India filed suit on March 3 in the World Trade Organization (WTO) seeking to overturn a new U.S. tax on high-skilled migrants that India says discriminates against its citizens and would damage some of its most successful companies. The case marks the first time that a country's immigration laws have been challenged using the rules of a trade agreement. And despite the logic of India's action, it may well be the last such case. With tariffs on imports already very low in most countries, economists have argued that easing restrictive immigration laws in advanced countries would now do far more than additional trade liberalization to boost global growth. Michael Clemens of the Center for Global Development has written that immigration restrictions are the "greatest single class of distortions in the global economy," amounting to "trillion dollar bills on the sidewalk" if such distortions could be eliminated.......

Trade Agreements and (Mutual) Recognition of Professional Qualifications

by Julia Nielsen of OECD This chapter explores the coverage of recognition of professional qualifications by the World Trade Organisation (WTO) General Agreement on Trade in Services (GATS) and a range of bilateral and regional trade agreements. It also provides a brief overview of what has been achieved to date in professional recognition internationally and the contribution that trade agreements might provide in increasing the transparency of professional recognition across borders. It also offers some preliminary thoughts on the relationship between cross-border education, recognition of professional qualifications and quality assurance in higher education. In recent times, a number of factors – increasing economic globalisation, reductions in transportation and communication costs, significant (temporary and permanent) migration flows, and the increasingly international labour market for the highly skilled – have led to a growing demand for greater recognition of foreign qualifications. The range of groups with an interest in the recognition of foreign qualifications is also expanding – in addition to universities assessing whether students should be accepted for further study, employers, professional associations and licensing bodies, as well as migration authorities, are also increasingly requiring information on the recognition of foreign qualifications. Many of these same factors have formed the backdrop for the growth in international trade in services. International trade in a range of services – for example, health and education services, or professional services such as accounting and engineering – is often conducted via the temporary movement of individuals seeking to supply these services

Human Trafficking and Slavery: Towards a New Framework for Prevention and Responsibility

By Dana S. Hathaway "Human trafficking and slavery are horrific crimes that require strict penalties for perpetrators and effective protections for survivors, but these crimes are in part facilitated by a system of laws and norms that effectively marginalize certain populations—the “unskilled” migrant. In this thesis I aim to reexamine and reinterpret the problem of human trafficking and slavery in a way that highlights the background conditions to the problem. - - - I argue that the framework used as a conceptual foundation for addressing the problem limits the scope of responsibility. Specifically, the framework fails to acknowledge structural contributing factors I show to be relevant: law, policy, and norms impacting immigration and migrant labor. I assert that the limited scope of responsibility, which focuses heavily on direct perpetrators of the crime, leaves largely unexamined the role of social-structural processes in contributing to the problem. I use the United States as a case study in order to provide a targeted analysis of social-structural processes that contribute to the problem. In this examination of the United States, I focus on agricultural and domestic slavery."

Certain U.S. Laws for Foreign Workers Draw Fire from India in the WTO (US Congress research "CRS" report)

This is an arguably incomplete, dismissive Congressional Research Reports report (PDF) on the DS503 case, but it fails to portray the situation with the needed urgency. . Note that they say that there is a possibility of the US losing the case, and having to modify behavior on the contested parts of our work visa system, which includes the visa quotas that limit the numbers of work visas granted per year. The effect of massive job outsourcing on workers is that many job ads turn out to be fake, using up jobseekers energy. It's only because of the quotas that far more jobs that can be, are not currently offshored. But the amount might rise very substantially. A very bad idea in this time of falling employment. GATS Mode Four and Three should be reduced or eliminated, not expanded. Professor Alan Blinder of Princeton found that 26% of all US jobs could be outsourced and offshored. A replication study of his study, attempting to verify his work found that actually 46% of our jobs are in immediate danger of outsourcing, But they left public services, the main target of GATS, out. So the actual number likely to be outsourced is potentially significantly higher.

Urgent Warning on jobs and the future.

The future of the US middle class is endangered by the 1995 GATS trade agreement. Our participation in this agreement and others that are related to it could throw the US in to a much greater pandemonium than COVID-19. This could happen any day. They are poised to offshore a great many jobs because its so much more profitable. Many of those jobs are thought to be stable but they cant be as long as the governments of the world are working behind peoples backs to trade away decent jobs. (For what, kickbacks?). People are currently entering these professions precisely because they pay well.

DS503

DS503 is a WTO dispute that was filed in 2016 by India against the US. It contains a number of innocent-looking requests that when investigated...

Labor Mobility-by Sherry Stephenson and Gary Hufbauer

In international services trade, labor mobility is conceptualized as the temporary movement of natural persons and is categorized as mode 4. Article I.2 (d) of the WTO General Agreement on Trade in Services (GATS) defines mode 4 as the supply of a service “by a service supplier of one Member, through presence of natural persons of a Member in the territory of any other Member.” A natural person of another member is defined as a natural person who resides in the territory of that other Member or any other Member, and who under the law of that other Member: (i) is a national of that other Member; or (ii) has the right of permanent residence in that other Member . . .” (Article XVIII[k])

"Breaking the rules to prevent rule-breaking? The GATS and service mobility: drawing lines between genuine immigration control and protectionism"

Essential article on DS-503 WTO dispute that could drastically impact the size of the middle class in the US and in many other countries all around the world. (by reducing its size due to large scale job outsourcing) Would also lower the wages across the board for workers. Would heavily impact public services. GATS 'movement of natural persons' (Mode Four) and its Mode Three are the most controversial parts of the longstanding trade deal because they attempt to create new rights to which seem to allow companies bypassing national labor laws. This case could take intra-company cross border labor for work- "non-immigrant" temporary migration to work out of hands of governments and put it in the hands of the WTO. The US is a test case and the decision might be binding on many other countries as well. Could dramatically lower wages for many professions at all skill levels, from professional to fairly basic. Any job that has been the subject of GATS commitments in a country, which are very broad. In the US could easily impact tens of millions of jobs cutting many careers short. Even with visa quotas IT has already been greatly impacted, leaving many workers struggling to find work. Situation is likely to get much much worse if the WTO panel decides in India's favor. Indian-affiliated "US" IT firms are notorious for not hiring US workers, even US workers with Indian backgrounds. They want dis-empowered workers whose status in the US depends on their job. This is a very bad situation that could become the norm in dozens of high employment fields. Might cause extreme loss of trust in government, a shift we might not recover from.

Movement of Natural Persons (Mode-4) Under GATS: Advantage Developing Countries

(by Dipankar Dey) "The actual potential of Mode-4 could not be exploited for the benefit of developing countries that enjoy comparative advantage in this mode over others. The developed countries have offered almost nothing in the Mode-4 negotiation despite liberalizing labor mobility via other mechanisms. So far, the developing country policy makers have failed to exploit the comparative advantage they claim to enjoy in Mode-4. They should be blamed either for their inability to assess the true potential of this mode of service or for their failure to chalk out an effective strategy during negotiation. The Southern negotiators should prepare themselves with appropriate strategy and tactics to enable them to put pressure on their Northern counterparts, for binding the latter's commitments on liberal market access, better working condition and protection of human rights for the immigrant workers." (See also the references cited in this essay.)

IT Sector being "extraordinarily disrupted" by abuse of L-1B and H-1B visa programs on a large scale to replace US workers, this is being caused in no small part by GATS.

In particular, GATS' "movement of natural persons" provisions. (GATS' 'Mode Four') which can pay as little as US minimum wage. (even that is a subject of dispute by developing countries who claim that under trade agreements - specifically under visas like the L-1B visa, that they have a right to pay their temporary non-immigrant visa holding workers, whatever they want. This right is claimed under the original Uruguay Round and is the subject of WTO dispute DS 503, filed in March 2016 by India, and still to my knowledge unresolved.)

COMMUNICATION FROM ARGENTINA, BOLIVIA, BRAZIL, CHILE, COLOMBIA, INDIA, MEXICO, PAKISTAN, PERU, PHILIPPINES, THAILAND AND URUGUAY Categories of Natural Persons for Commitments under Mode 4 of GATS

"Mode 4 – Movement of Natural Persons to Provide Services Let’s start with the last of these categories first. A better term for “Mode 4” would be “domestic immigration policy.” In the United States, the Constitution gives the Congress exclusive authority for setting our domestic immigration policy (Article I-8.) The very notion that immigration policy would be set via GATS Mode 4 negotiations by trade negotiators in Geneva has our congressional leaders deeply concerned. Indeed, when such immigration provisions were slipped into U.S. Free 4Trade Agreements with Singapore and Chile, the agreements were nearly rejected by Congress and a commitment was obtained from the Bush Administration that future trade pacts would never again contain such provisions. I understand that here in the European Union there have been equally heated debates over immigration policy and I assume there are the same concerns about separation of powers and democratic accountability here as well. A group of developing countries led by India have joined together to forward a common position on Mode 4 that focuses on the cross border movement of professionals, but does not insist that these professionals are paid the same wages as their peers in developed nations. 5 Moreover, these proposals would set up a system within countries by which a class of workers would have their basic rights – indeed their very right to be in a country – controlled by their employer not the laws of the country in which they are working. This would not only undercut wages, work hours, vacation policy, the right to organize, and other labor policy in developed countries and generate foreseeably ugly social tension, but it would also exacerbate the problems of “brain drain” in the developing world. A respected study presented at the WTO that advocated increased Mode 4 liberalization showed that the community left behind by Mode 4 workers suffers significantly increased welfare costs. In other words, developing countries pay dearly for “brain drain” associated with outward migrating professionals. 6 Plus, the ongoing tragedy presented by the immigration of doctors and nurses from Africa to Europe and the United States has been well-documented. 7 Moreover, there have been various alarming proposals on licensing and qualification requirements (in the context of the Working Party on Domestic Regulations which is discussed in detail below). What is envisioned here are “harmonization exams” to establish equivalency and to facilitate the movement of workers across borders. National, state or provincial licensing requirements and “language competency” are characterized as unnecessary obstacles to the smooth flow of workers across borders. 8 Once professional service sectors are signed up to the GATS, “disciplines” are envisioned which would apply a “necessity test” to all domestic regulations relating to that profession. The WTO has already completed one such set of rules which apply to the accounting sector and require that licensing, qualification and technical standards be “no more trade restrictive than necessary.”" (quote from Lori Wallach Testimony to EU. The linked document is the proposal by a group of developing countries to set up and lock in a return to indentured servitude. They see this as their pay back for being in the WTO. It replaces immigration with corporate capture, for example, in the US, L1B visas - similar to H1B but with much lower wages and almost no rights. This is being pushed in on us very skillfully by what amounts to an international "coalition of the wealthy" under the radar as part of the GATS' and similar "agreements" coercive global takeover.)

AFSC's "Trade Matters" back issues (archive.org)

This is from the American Friends Service Committee, its a periodical they published up until a few years ago that I think did a very good job of framing some of the issues that make trade in services deals important to know about, controversial and difficult to discuss. (Archived so need to click one extra time to select a date)

Offshoring companies are gaming the system to do an end run around US wage and hour laws, costing workers their jobs.

This is a good article. I thought that the H-1B visa is for grads of US colleges (foreign students) and that the L-1B visas are for foreign firms that bring in their own workers for typically around six years, at much lower wages. The L-1B workers have advanced degrees but are sometimes paid less than almost any other similarly skilled workers in the US. Its an especially exploitative situation for the foreign IT firms' workers. Who, if they are here, frankly should be able to earn what they are worth, and apply for citizenship after a few years. They shouldnt be exploited for cheap labor. But frankly, they are and its driving a huge amount of dishonesty in Washington. I would not be surprised if I found out healthcare was in part being held hostage, to manufacture a fake "crisis" as a means to get ultra cheap labor.

When do human rights violate corporate rights? Why, in the GATS of course.

"How Close Will GATS Get to Human Rights? Similarly to the UN considering gross human rights violations a threat to peace, the WTO should consider certain human rights violations an impediment to free trade. Mutually agreed benefits of trade liberalization may be offset when a human rights infringement nullifies and impairs the multilaterally agreed level of tariff concessions or the negotiated volume of market access commitments in services. The liberalization of services trade through mode 4, whereby the service supplier moves abroad to deliver a service, relies on the free movement of natural persons. This mode of service delivery renders the GATS the WTO covered agreement with the closest affinity to the individual as a subject of international law and therefore, to human rights. Restricting the human rights of foreign service suppliers therefore could have the effect of nullifying and impairing the economic value and legal predictability of the GATS commitments. The WTO Agreements lack the legal basis for prosecuting human rights violations. While WTO Members are bound to respect jus cogens human rights, the non-jus cogens human rights originating in customary international law usually do not raise trade issues relevant enough to question the consistency with a provision of the WTO Agreements. It is suggested that the non-violation nullification and impairment complaints may be used to consider the economic damage which occurs when human rights infringements impair upon GATS commitments, specifically in those cases where the WTO Members receiving services condition their mode 4 commitments to the respect for core labour standards. If the human right amounts to jus cogens or emanates from a human rights treaty to which both parties to a WTO dispute are Members, the human right itself forms the ground of a WTO violation complaint. In all other cases, it is not the human rights violation itself, but its effect that is the economic damage on the sending country's economy, which nullifies and impairs a trade benefit." Keywords: Human Rights, Labour Mobility, GATS, Annex on Movement of Natural Persons Supplying Services under the Agreement, International Convention on the Rights of All Migrant Workers and Members of their Families, Schedule of Specific Commitments, non-violation nullification and impairment

UNCTAD's inputs to the UN's Secretary-General report on the global compact for safe, orderly and regular migration

(Note: they make arguments in the following text that I think are likely fallacious, basically the claims that the so called multilateral trading system is preferable to its absence as far as services go. ) "Trade and services elements of a global compact for safe, orderly and regular migration Trade and the trading system address root causes of mobility of people as they contribute to poverty reduction(not really true at all, unless you mean making the rich richer), regional stability and security and thus to the promotion of migration as a choice.(if people want to advance they have traditionally moved, these changes basically change where the money of overseas workers ends up, reducing their pay, inserting new middlemen, funneling it to large firms brokering their temporary labor) Along with cooperative arrangements, they can also provide the tools to better migration governance, (corporate capture of migration might be a better term) promoting the recognition of qualifications and with the potential to support, for example, the portability of earned benefits. This twofold linkage of trade and migration can be enabled by international trade related policies that can enhance the effects on economic growth thus being of relevance to a holistic approach to address the drivers of migration. Services trade through the temporary movement of natural persons, or mode 4 of supplying services- supply of a service by a service supplier of one Member, through presence of natural persons of a Member in the territory of any other Member -, relates even closely to regional and international migration as a sub-set concerning temporary migration. It is particularly important in professional and business services, as well in services related to agriculture, manufacturing and mining. In particular, the General Agreement on Trade in Services (GATS) article VI.4 envisages the establishment of disciplines, based on objective and transparent criteria, to ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, including temporary mobility of persons."

The State of Play in GATS Negotiations: Are Developing Countries Benefiting?

I am including articles like this so that we out-of-the-loop Americans can see other points of view. I disagree with the premise that trade agreements trading away rapidly vanishing good jobs forever is somehow good. I don't think it helps the poor in any conceivable way. Highly skilled workers, as they are alleged to be - in order to get their nonimmigrant work visas, should be paid a decent wage, not be working almost for free just for a reference, while body shop firms pocket most of their earnings, paying them in many cases less than US minimum wage (when you divide the number of hours they actually work by their wages). But thats what GATS Mode Four attempts to do, and make it irreversible. The job losses to the indigenous workers are called "efficiency gains". These programs will heavily impact the core middle class professions, turning them into precarious labor. It will be quite literally NAFTA for the rest of the jobs. That's been GATS' goal from the beginning.

Movement of Natural Persons (Mode-4) Under GATS: Advantage Developing Countries

(There are many sides to this story, here is another one of them! GATS set up what amounts to a competition between everybody in the world for a shrinking pool of jobs in order to lower wages and working conditions for everybody) by Dipankar Dey "The actual potential of Mode-4 could not be exploited for the benefit of developing countries that enjoy comparative advantage in this mode over others. The developed countries have offered almost nothing in the Mode-4 negotiation despite liberalizing labor mobility via other mechanisms. So far, the developing country policy makers have failed to exploit the comparative advantage they claim to enjoy in Mode-4. They should be blamed either for their inability to assess the true potential of this mode of service or for their failure to chalk out an effective strategy during negotiation. The Southern negotiators should prepare themselves with appropriate strategy and tactics to enable them to put pressure on their Northern counterparts, for binding the latter's commitments on liberal market access, better working condition and protection of human rights for the immigrant workers."