How Corporations Overthrew Democracy | Matt Kennard
Nov 2, 2023
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Investigative journalist Matt Kennard discusses how corporations have created a shadow legal system to manipulate governments, the destructive impact of corporations on democracy, hidden systems and corporate influence, the power and influence of corporations in international venues, the revolving door between state and corporate world, corporate power and government relations in Tanzania and Colombia, the recent reshuffle in the Labour government, and the need for platforming ground voices.
The hidden legal system created by corporations allows them to sue governments for policies that hinder their profits, undermining democracy and preventing governments from enacting policies in the public interest.
The International Center for the Settlement of Investment Disputes (ICSID) operates as a shadow legal system, allowing multinational corporations to sue governments behind closed doors, raising concerns about fairness and transparency.
Citizens can challenge corporate power by raising awareness, engaging in activism, and pursuing citizen-led lawsuits against corporations, while also advocating for the separation of corporate interests from political power and decision-making.
Deep dives
The Corporate Takeover of Democracy
The podcast episode explores how corporations have gained immense power and influence, effectively infiltrating governments and undermining democratic systems. The host interviews journalist Matt Kennard, who exposes the hidden legal system created by corporations to sue governments for policies that hinder their profits. This system, known as the Investor State Dispute Settlement (ISDS), allows corporations to exert control over national resources and prevents governments from enacting policies in the public interest. Fossil fuel companies sue governments for implementing environmental regulations, and even the Eurostar has sued governments over the refugee crisis. This corporate capture of states and institutions impedes meaningful action on pressing issues like climate change and perpetuates a system where corporations prioritize profit over the well-being of citizens.
The Unseen Legal System Enforcing Corporate Interests
The podcast delves into the International Center for the Settlement of Investment Disputes (ICSID), a shadow legal system established by the World Bank in 1966. Under this system, multinational corporations can sue governments for implementing policies that affect their bottom line. The ICSID operates behind closed doors, with three arbitrators appointed to decide cases. These arbitrators often side with the respective appointing party, raising concerns about fairness and transparency. The ISDS system, enshrined in free trade agreements, acts as a deterrent, preventing governments from taking action against fossil fuel companies or enacting policies in the public interest, as they face the threat of multi-billion dollar lawsuits. The podcast highlights the disturbing trend of the state working exclusively in the interest of corporations, perpetuating the capture of democracy by corporate power.
Challenges of Fighting Corporate Power and the Importance of Awareness
The podcast episode offers insights into the challenges of combating corporate power and ways citizens can take action. Education and raising awareness about the mechanisms through which corporations overpower governments are vital steps. Activism and challenging the existing systems are crucial to effect change. Some countries have attempted to withdraw from the ISDS system or cancel bilateral investment treaties, but often face significant hurdles due to sunset clauses or continual pressure from corporations. Additionally, grassroots movements and citizen-led lawsuits against corporations, such as the landmark case in Minnesota, signify a stepping stone in fighting back. Overcoming the corporate takeover of democracy requires a collective understanding of the issue and concerted efforts to separate corporate interests from political power and decision-making.
Exploitation of ISDS and third-party financing
The podcast episode reveals the corruption and exploitation within the ISDS (Investor-State Dispute Settlement) system and third-party financing. The speaker explains how the system favors corporations over governments, with many former corporate individuals involved in the process. The high costs involved in these disputes often lead to governments losing, even when they win the case, due to exorbitant legal fees. Additionally, third-party financial firms invest in these cases against states, providing loans to corporations that can lead to significant profits if they win the case. This creates perverse incentives for corporations to continuously target and sue states, resulting in a massive transfer of wealth from the poorest countries to the richest corporations.
Implications on democracy and policy making
The podcast highlights the detrimental effects of the ISDS system on democracy and policy making. It emphasizes that the influence of corporations on government decisions is pervasive, with trade agreements and bilateral investment treaties designed to prioritize corporate interests over citizen welfare. The speaker points out that the system creates a chilling effect on policy making, as governments fear being hit with multi-million-dollar lawsuits from international companies. This dynamic perpetuates a lack of genuine choice in politics, as both major parties are influenced by corporate power and do not prioritize the needs and interests of the people. To combat this, the podcast suggests the importance of building up independent and responsive organized labor as a countervailing power to challenge the dominance of corporations and the establishment.
Honduras is being sued for a third of its GDP by an American company—why?
Because the developing nation changed its mind about Prospera building a charter city on its territory. This case, which could bankrupt Honduras, will be judged in a back room of the World Bank by three people, none of whom are obliged to even have a law degree.
Matt Kennard, investigative journalist and author of Silent Coup: How Corporations Overthrew Democracy, explains the origin of this shadowy legal system, and how it has infiltrated politics, skews policies, and traps developing nations into exploitative relationships with some of the world’s biggest corporations, definitively undermining the democratic process.