A think tank established for the creation of “closed, holistic systems.”
Holistic Solutions Think Tank, Ideas: Trade Deal Reform: TTIP and TTP
by Yasha Melanie Husain, Director, Holistic Solutions Think Tank, www.closedholisticsystems.com
November 13, 2013
In order to address the ongoing controversy over trade deal agreements not suiting the needs of the average person, or poor person, in nations everywhere, and particularly, even, in nations in which the deals are formed, it may be that the following general rules will remedy the contracts and implicit agreements with holistic solutions that also serve all of the world's nations, simultaneously, and in accordance with the proposed engine for change which is the American Reconstruction Department.
NAFTA was rigorously debated in the 1990s, to the effect however of 50 million jobs being lost to overseas markets and along with them their industry, while Mexico and Canada haven't yet experienced either a needed facelift, Canada, or a needed economic transformation, Mexico, which is a true rendering of the nation's missive, to achieve a high quality of living and individual, democratic protections, for all. The United States meanwhile lost more productive relations between local, domestic, neighbors, too.
Solutions may include:
1) Making sure dictum of all contracts and related agreements is in good form, meaning it correlates with strong, utilitarian economics theory, and fits within the constrains of democratic law. It should not be written for the cause of metaphor, but be steeped in the reason of law and economics in alignment with international law standards, and according to them. In short, the dictum should be common sense and straightforward, not lacking democratic judgment, or discovery, I prefer to call it, so not excluding the events that could go wrong, and attempting to resolve them. I've written an article separately decrying metaphor as dictum, as it is not, since with law, or political science, it is pursued by legalese as its laboratory.
2) Trade deals or agreements can not supercede democratic law, including human rights law, and international law, and or international law and natural law, in line with Henry Sumner Maine's research, and my own writing, stemming from his and others' work in this pioneering field, and the Declaration of Independence. Agreements about trade need to also be an economic checks and balances that is based on economics theory, Adam Smith's Invisible Hand concept, and in tandem with Kenynesianism of John Maynard Keynes, accentuated by the more recent ideas of John Kenneth Galbraith, in light of currently needed conservation measures, combined with the act of, or consumer, discipline, much to be talked about. These economics theorems and practices are, I believe, inherently democratic and support democracy, but the history of natural law, or law, is also that it is derived, in short, from universals attributable to the knowledge about the love of family. (Though there is undue family strife ongoing these days, it is in fact increasingly resolvable and solved by the concept or theorem of natural law, to love and be loved in return, unconditional love, and friendship, and legal protection.) This understanding about the timeless need for democratic law, that we care and protect the other, including our brother and sister, was evolved to become the law of the Village Republic, too, and so on, up until written, and national and international, law (while the Hammurabi Code seems no less than an anomaly, an eye for an eye is eggregious, and not commonplace).
The Declaration of Independence describes natural law most perfectly, and the United Nations Charter goes far in declaring its full worth.
Interestingly, commercial law can't move away from democracy and the universals, and universal law, in the same step, overstepping or superceding democracy, and it shouldn't replace it, since law has never been rooted or founded in commercialism. Law must be well-founded first and always, and requires the universals. For example, when you are an infant you can't pay your parents for the food they feed you, and can't exchange goods with them, either, as an infant, in order to be fed. It is love that protects you. Also, it is the love of family which binds us as human beings to our earthly existence in general. It is love which biologically unites mother and father, and siblings, and love is truth, and truth is the core of law, generally. Truth then stems from the knowledge about the love of family, which involves the infant, not, firstly, the business opportunity or trade relationship. So we shan't ably supercede the democratic law we know and love, we know too from many examples from history in which commercial interests aren't handled genuinely enough to protect the whole, holistically, and we know it then intellectually, and theoretically. We also arguably know it quite well from current affairs.
Action is always coupled with intent, and should never be criminal. Governmental or village law protects us from criminal intent, and is also based on the core unit of our economy, the individual, and the family, in nature. So you shan't move from it, this core unit, without the individual, and the family, or the law of family, parents, father, mother, children, siblings, aunts and uncles, grandparents, on to the village, on to the larger community, which is logically run by lawful action, law being from and in nature, like biology which is based on cellular science, and is in nature however, commercialism or trade is, like biology, based on, or it is, economy, and is in nature. Law, conversely, is from and in nature, it describes what is and should not be. Every science should remain a reflection of this tenet about law, the root science or law, truth, which can't supercede the family unit, which is bound firstly by love, not commercialism. Commercialism can merely be a reflection of universal law, which can not discard democratic law and its core purpose, to be from and in nature.
3) If the individual remains as a legally defined corporation, as the modern corporation in law has been described as an individual, if it is not used in practice, it might better be considered as an individual sole proprietor, or independent sole operator, which is concerned with its “bottom line,” as it is the business of the individual corporation, traditionally. As an individual sole proprietor or independent sole operator, if the definition of individual corporation continues to apply to businesses which utilize the work of more than one individual, it should come up with progressively and only common sense solutions, which is the means by which human beings exist and co-exist. The law, generally, should support a minimalist business environment, according right now still to the mandates of COP 15's agenda at its outset, to solve poor development schemes in the face of global warming, and plan future development schemes according to the sovereignty of nations and their individuals, with all of their democratic rights and right to place or space in tact (this, right to place and space, and historically, or culturally, being an area of case law and legal professionalism that might be expanded upon, also given the need to acknowledge natural law to arrive at truths that are self-evident). The responsibilities of the individual sole proprietor or independent sole operator, or individual corporation, should also include being in accordance with international law, including environmental, human rights, and sovereign, and also in consideration of the recent work and advancements from Anne Marie Slaughter's studies of vertical and horizontal courts, implying too jurisdiction of national law which befits international fraternity (see also HSTT proposals on law reform). The law that is commercial is merely a later adaptation of the original use of natural law, to protect family and village, and an individual is protected first and always by natural law, and democratic law as we know it, but can also be viewed as someone with rights to conduct business, and must, to exist or co-exist, hence the roots of natural law and their applicability to the core of legal tradition, again.
4) The idea from the Holistic Solutions Think Tank to develop the Redevelopment of Cities and Rural Areas Authority (RCRA), to be placed within the American Reconstruction Department, or
_________ Reconstruction Department, if utilized internationally, for and by each nation, might be taken in communicability or parcel with any new trade agreement, and it would include protecting the individual, including would-be or are expecting mothers and fathers, or the individual family units, and families that are extended families, in determination of progress from and on the departments, all equally, before the interests of profit-making or the cause of pollution or environmental degradation is created.
*Profit-making is merely a consequence of good business, but generally not its first inspiration or motivating-factor, love is. It is like an indicator.
5) Jobs hypothesis or declaration, based on the related advice from a close, family friend who managed a relatively small, family-run manufacturing company, in the1990s, while I was living in Washington, DC, just a young college student studying international relations, but having an internship with the New York State Senator, Daniel Patrick Moynihan, from which to build, too: It was strongly suggested, from this community figure, America needs to protect its jobs and industries, including its smaller outfits, so communities across the country, and their families, still prosper, and America too, and in tandem with its good spirit, or meditative quality, and the good and the security that comes with being a hard-working, and loving, American. The American Reconstruction Department, after much study, is my response to the needed Jobs hypothesis or declaration.
6) In order to create democratic, international trade, apropo to address global warming, and uplift economic checks and balances, and justice, we can limit what is traded by growing and producing as many continued, good quality locally and regionally grown and made products and goods as possible. See, particularly, my articles and notes on economy and energy, including “A Smart Economy,” and “'Worldfocus' in Denmark: A People's Green Energy Model.” While you might still seek the best spices from India, and delicious Droste chocolate from Holland, it's been possible, so far, to buy the same good quality chocolate as you used to find on all of the counters in Holland, as easily in America, in recent years. We are attaining to comparable spices here in America, but in earnest some may still be traded between countries. Introduce, in light of this ideal, of what is needed, and by way of practicality, progressive concepts for common sense trade mechanisms and relationships, that are, again, minimalistic.
7) If a company, say a South Korean auto manufacturer, sells cars in other regions of the world, than its own, consider increasingly putting factories in those regions, and relying on licensing agreements to secure relationships that are productive and holistic, that might be based on a franchise mechanism. See also Economy, Notes, from the Holistic Solutions Think Tank.
Think Tank Home
Yasha Melanie Husain. Copyright 2013-14.