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"Corporations
have been enthroned
An era of corruption in high places will follow and
the money power will endeavor to prolong its reign by working on
the prejudices of the people . . until wealth is aggregated
in a few hands
. . . and the Republic is destroyed."
[Abraham Lincoln]
Abstract
The
modern corporation has come a long way since the Dutch and British East
India Companies of the 1600’s, nevertheless the goal remains the same:
to establish a monopoly of all trade within their sphere of influence
– while continually expanding their territory.
In
today’s world, companies that transact business in more than one
nation are referred to as transnational corporations. These
international conglomerates are the progenitors of globalization: the
lust of want that roams the land in search of profit.
Globalization
is the modern day’s call to arms of all lords and nobles. As used
within this paper, globalization refers to the ever-increasing sphere of
collective processes that consciously span the world, seeking new
markets for their overlords: all in the pursuit – of that which has
yet to come.
"We
are witnessing an unprecedented transfer of power from people and their
governments to global institutions whose allegiance is to abstract
free-market principle, and whose favored citizens are soulless corporate
entities that have the power to shape and break nations." [1]
THE BEGINNING
Originally,
trade occurred on the local level by the use of barter: the
direct exchange of one good for another. As commerce expanded, it became
evident that a more efficient form of exchange was required, to better
handle the increased complexity of the division of labor within a
burgeoning marketplace. Indirect exchange soon came to be the preferred
form of exchange. Indirect exchange uses a common medium of exchange:
money.
Commerce
eventually progressed from one region to another. As man’s ability to
travel the earth increased, his ability to trade in non-local regions or
markets increased as well. By the first century A.D., trade took place
from Europe in the East to China and Japan in the West.
The
Age of Exploration
The
old world trade routes connected one market with another, especially the
spice and silk routes. Control of the trade routes has been the coveted
goal of the same families for centuries upon centuries: the will of
conquest handed down from generation to generation.
The
powers-that-be are still fighting over the sacred ground in the Middle
East, still searching for the third note of the lost chord that has yet
to be sounded.
The
Middle Ages witnessed the age of exploration. Trans-Atlantic voyages in
search of new worlds and new trade routes became the coveted prize. The
hands of time steadily progressed from the Old World to The New World.
The
Age of Aviation
With
the advent of the airplane international trade became much more
accessible to a greater number of people, spanning a much larger area.
Once computers and modern communication were developed, trade could take
place instantaneously from one end of the world to the other.
Advancements
in transportation and communications increased economic globalization,
not only spatially, to the four corners of the globe – but
instantaneously in the temporal world as well. The boundaries of both
space and time were under siege.
No
stone has been unturned. No longer is it a race to round the Cape of
Storms; no longer is it a race to the moon – now it is a contest for
overlord of the universe; all players pay homage at the altar of Lucre;
and he worships yet another. The suitors of the whore of Babylon know no
respite.
"The
recent quantum leap in the ability of transnational corporations to
relocate their facilities around the world in effect makes all workers,
communities and countries competitors for these corporations favor. The
consequence is a race to the bottom in which wages and social conditions
tend to fall to the level of the most desperate." [2]
Trade
is no longer confined to the local, state, or national level; it now
expands across the entire globe – ushering in the new world order of
transnational globalization. The pursuit of profit has spread her shadow
far and wide. Nevertheless, the winds of change detect a subtle
undercurrent – as destinies child walks the face of the earth.
CORPORATIONS
The
word corporation is from the root corpus – a body. Corporality is to
have bodily existence or substance. To incorporate means to make into a
body. A corporation is a legal entity or structure created according to
the authority of the laws of a particular state.
Groups
of people form legal corporations as bodies or entities to conduct
business. The individuals are shareholders or members of the
corporation. The corporation is a shell that individuals work in and
through – a shape that constantly shifts to fulfill the desires of the
seekers of profit.
In
the Eyes of the Court, the Corporation Exists as a Legal Being or
Entity.
The
legal entity's existence is separate and distinct from that of the
shareholders or individual members. A corporation, however, can legally
act the same as a person can. It can enter into contracts; hire and fire
people; sue and be sued; pay taxes; and do whatever is necessary to
legally conduct business.
In
addition, because a corporation is legally an entity in its own right,
it is liable for its own debts and obligations – separate from its
shareholders or members.
This
is the reason corporations exist: to allow individuals to have limited
liability, while retaining the power to do business and incur profits,
while at the same time being...
Legally
Shielded From The Corporation's Liabilities And Debts.
In
layman’s terms – it is being able to have your cake and eat it too.
The corporate structure is truly an amazing construct, and is
unquestionably deserving of further legal review. Its footprints
traverse the land, leaving behind indelible marks that bare witness to
that which comes after.
TRANSNATIONAL CORPORATIONS
Corporations
that have transcended local, state, and national boundaries are
international entities, transacting business across national borders on
a global basis – hence the name transnational corporations.
Following
Word War II the League of Nations gave birth to the United Nations.
International relations took center stage. The Bretton Woods Accord
provided the script for the leading actors: the World Bank and the
International Monetary Fund.
Who
stands behind the World Bank and the International Monetary Fund? Who
had the authority to sanction international institutions to control
world finance? Does our Constitution grant powers to international
institutions? Cui Bono?
Remember
this well: a corporation is a structure that is used by its members for
doing business through – it is the members or stockholders, real live
people that gain from what the corporation does.
Corporations
Only Answer To Their Dominant Stockholders
Bretton
Woods established an international system of regulations to
manage the financial transactions of world capitalism. In order to
implement the master plan, the International Monetary Fund (IMF); the
World Bank (WB); and The Bank For International Settlements (BIS) were
created.
The
intended goal was the integration of individual national economies into
one unified global market – hence the term globalization. In 1995 the
World Trade Organization (WTO) was specifically created to facilitate
the expansion of international trade and direct foreign investment
across the globe.
THE MONEY TRAIL
It
is often said, "follow the money," so let’s follow the money
and see where it brings us.
The
United Nations Conference on Trade and Development states that:
“World
Investment Report 2005
presents the latest trends in foreign direct investment (FDI) and
explores the internationalization of research and development by
transnational corporations (TNCs) along with the development
implications of this phenomenon.” [3]
In
the preface to the World Investment Report 2005, Kofi A. Anann,
Secretary General of The United Nations states:
“The
globalization of production is reshaping the international economic
landscape. With that, the conventional wisdom of developed countries as
capital and technology exporters and developing countries as importers
is gradually giving way to a more complex set of relationships. The
geography of international investment flows is changing. Developing
countries are emerging as outward investors, and their importance as
recipients of foreign direct investment in more knowledge-intensive
activities is increasing. The World Investment Report 2005, focusing
on the internationalization of research and development by transnational
corporations, illustrates some of these changes.”
“These
recent trends have important implications for the international division
of labour. The traditional view, of more complex production activities
being undertaken in the North and simpler ones in the South, is less and
less a true reflection of the reality. Firms now view parts of the developing
world as key sources not only of cheap labour, but also of
growth, skills and even new technologies.”
“As
transnational corporations
are the dominant players in the creation of new technologies, it
matters where they undertake their research and development. Currently,
only a few developing countries attract such activities on a significant
scale. Most low-income countries are not participating in global
research and development networks, and consequently do not reap the
benefits that they can generate.” [4]
In
a press release dated 1/23/06, the United Nations Conference On Trade
And Development stated:
“Foreign
direct investment worldwide surged to an estimated US $897 billion in
2005 - up 29% from the preceding year - and a four-year slump in flows
to developed countries was sharply reversed, according to UNCTAD data
released today.”
“FDI
inflows rose from US $415 billion in 2004 to US $573 billion in 2005.
The bulk of this increase was accounted for by increased investment in
the United Kingdom, which reported inflows of US $219 billion,
twice that of the United States. This is the highest figure ever
recorded for a European country.” [5]
Who
Gets The Money?
The
above statistics clearly show that the United Kingdom received the
largest inflows of foreign direct investment. It is easily
understandable that the $219 billion that the United Kingdom received
was the highest figure ever recorded by a European country; however,
such statistics seem to be at odds with the preface to the World
Development Report 2005 where it stated:
“The
geography of international investment flows is changing. Developing
countries are emerging as outward investors, and their importance as
recipients of foreign direct investment in more knowledge-intensive
activities is increasing.” [6]
Going
back to the press release from The United Nations Conference on Trade
and Development dated January 23, 2006; we find some very intriguing
data:
“Developing
countries:
Overall, FDI inflows to the developing world continued to rise in 2005 -
they were up 13%, to an estimated US $274 billion. Following 2004´s
significant increase of 41%, this brought FDI to the highest level ever
for developing countries. There were increases in all sub-regions.” [7]
As
the statistics show, foreign direct investment in developing countries
grew by 13%, to an estimated $ 274 billion. However, the total FDI of
developed countries stands out markedly in contrast to the developing
countries:
One
would think that the less developed countries would receive more than
half the amount of investments as compared to the already developed
countries of Europe and North America; however, the data shows that they
did in fact only receive half as much.
And
this is after
a 41% increase from the year before, which means that in the last few
years the amount of investment in the developing world has been mostly
talk as opposed to action. The percent of increase sounds good because
it is starting out from such a low level. The raw numbers placed
face-to-face show what is really occurring.
The
data for investment in the world’s poorest areas reveals a truly sad
situation that is not getting much better. Africa
contributed a mere 2.3% of world trade, received 1.7% of global
direct foreign investment, and devoted 0.7% of all expenditures to
research and development, and this includes South Africa.
Such
A Condition Is A Disgrace To Humanity – And Needs Not Exist.
It
truly is a conundrum to comprehend how countries that are home to
civilizations dating back thousands of years are so undeveloped in
comparison to the United States, which has only been around for a few
hundred years yet rules the world. Wonders just never cease.
Rich
Man – Poor Man
The
disparity between those that have, and those that have not, stands out
exposed in its nakedness, cast off as the shadow of world domination
that it is a witness thereto.
As
the executive summary of the 2005 World Development Report states:
“The
principal message of the World Development Report 2005 of the World Bank
to the developing countries is that they should adopt liberal policies
related to foreign investment to spur economic growth and development,
and that the development of binding multilateral rules relating to
foreign investment would create a favorable climate for foreign
investment in developing countries. This is the same argument made by
the developed countries for developing new rules on investment
liberalization in the WTO and in bilateral agreements with developing
countries.
However,
such a message, when articulated in the context of the World Bank or in
the context of the WTO, simply promotes the economic interests of the
North. It disregards or
downplays the fact that the promised developmental benefits of
investment liberalization by developing countries have not yet,
by and large come about. FDI inflows, despite investment
regime liberalization in many developing countries, continue to go, in
large part, to developed countries and to only a few developing
countries. In fact, relative to the share of FDI inflows of developed
countries, the share of developing countries in general and of the
poorest among them in particular, has been on the decline.” [8]
In
addition, the report adds:
“Despite
the preceding words of caution, the key message of WDR 2005 is that for
governments at all levels, a top priority should be to improve the
investment climates of their societies. To do so, they need to
understand how their policies and behaviors shape the opportunities and
incentives facing firms … The agenda is broad and challenging, but
delivering on it holds great promise for reducing poverty and improving
living standards.
However,
the authors of the report make no effort to provide empirical evidence
in support of the sweeping assertion that increased FDI flows would lead
to reduced poverty and higher living standards in developing countries.
The
report also contains no evaluation of the levels of gross and net flows,
of the quantity versus the quality of foreign investment and of
the country and sectoral composition of these flows. An analysis of all
these aspects of foreign investment is needed to determine the net
benefit.” [9]
On
Who’s Watch?
Perhaps
the answer for such disparity lies within the actual structure of the
entities that dominate world trade: the transnational corporations.
These giants of industry know no bounds or limitations as they scour the
earth in search of profit.
Is
it possible that entities that have no boundaries or limitations are
thereby unrestrained? Who has the authority to govern transnational
corporations? Do they answer to anyone, or are the self-centered desires
of their majority shareholders the only voice they heed?
“International
human rights law generally imposes obligations on States, although some
exceptions do exist, for example, in relation to armed groups. States
parties to human rights treaties have the obligation to protect
individuals and groups of individuals from the actions of third parties,
including business entities.
The process
of elaborating a statement of universal standards on business and human
rights would raise the question of the legal status of that text and
whether it would impose direct legal obligations on business with regard
to human rights.
The
Commission might wish to consider further the effect of imposing direct
legal obligations on business entities under international human rights
law and how such obligations might be monitored.”
“In
considering the responsibilities of business with regard to human
rights, it is important to reiterate that States are the primary duty
bearers of human rights. While business can affect the enjoyment of
human rights significantly, business plays a distinct role in society,
holds different objectives, and influences human rights differently to
States.
The
responsibilities of States cannot therefore simply be transferred to
business; the responsibilities of the latter must be defined separately,
in proportion to its nature and activities.”
“There
is also a question of how to ensure respect for human rights in
situations where effective governance or accountability are absent
because the State is unwilling or unable to protect human rights - for
example due to a lack of control over its territories, weak judiciary,
lack of political will or corruption. A lack of appropriate regulation
and enforcement by the State could fail to check human rights abuses
adequately while also encouraging a climate of impunity.
A
particularly complex issue involves the regulation of companies
headquartered in one country, operating in a second and having assets in
a third. There is concern that business entities might evade the
jurisdictional power of States in some situations, which could lead
to negative consequences for the enjoyment of human rights.” [10]
Making
matters even more complicated are the many different categories of
agreements, most of which end up being nothing more than a scolding or
slap on the wrist of the party under review. Some are binding others are
not. Some are between States with other States; others are between
States and companies, etc.
“The
following criteria are relevant to understanding the legal status of
initiatives:
(a) Binding
on companies. Constitutions and national legislation in many States
include human rights responsibilities that are binding on companies.
Companies themselves might also make human rights initiatives binding
through inclusion of specific terms to that effect in contracts.
(b) Binding
on States. International treaties such as the principal human rights
treaties are binding on States parties. While international declarations
are not binding on States, they do indicate a level of commitment on
behalf of the State to uphold the principles in the instrument.
(c) Non-binding.
The bulk of existing initiatives on business and human rights fall within
the category of non-binding.”
“While
each of these initiatives and standards do include references to the
promotion and protection of human rights, the treatment corresponds to
the relevance of human rights in relation to the overall objectives and
scope in each initiative.
Thus,
the ILO Tripartite Declaration specifically includes workers’ human
rights, but not others, while the Global Compact refers to human rights
generally without going into any specificity of which human rights are
relevant.
The
references to human rights in the OECD Guidelines also lack
specificity. As a result, there is still a gap in understanding what the
international community expects of business when it comes to human
rights.” [11]
Enforcement
After
wading through the mire of binding and non-binding agreements,
agreements versus declarations, guidelines against rules, one finally
stumbles upon the issue of enforcement.
Even
if a ruling is binding, as is an international treaty between
nation-states, there still remains the question: who enforces the treaty
if one party decides not to abide by the agreement? The United Nations
Security Council now enters the field.
“The
Security Council of the United Nations has primary responsibility under
the UN Charter for the maintenance of international peace and security,
and its resolutions are binding on all member states.”
“The
Security Council may also take enforcement measures which are more
robust than peacekeeping. These enforcement powers are contained in
Chapter VII of the Charter, which authorizes the Council to determine
when a threat to, or breach of, the peace has occurred, and authorizes
it among other things to impose economic and military sanctions.
The
‘peace’ referred to in Article 39 may involve conflicts other than
those between states. At the time the Charter was established, it was
envisaged that conflicts within the borders of a state could also
constitute a threat to or breach of the peace, and thus that the Council
could order the use of enforcement measures. The Council has broadened
its definition of these cases over time, so that gross violations of
human rights may now be seen as a threat to the peace, as was the case
with the genocide in Rwanda.” [12]
Transnational
corporations are powerful entities. The combined revenue of the top four
conglomerate giants is larger than the gross domestic product of all but
the top twelve independent nations of the world.
THE POWER OF MIGHT
The
World Trade Organization is a consortium of member countries, including
the largest nations in the world. Yet, the huge transnational
corporations exert persuasive influence on both the agenda and rules of
the World Trade Organization.
If
four or more of the top ten transnational corporations collectively want
something done, there are few stalwarts to stand in their way and
survive.
As
the name implies, these companies are transnational in structure:
meaning they are not directly subject to the rule of any individual
nation. In fact, many of the transnational corporations are larger than
most nations in strictly monetary terms of economics and finance. Only international
treaties offer binding resolutions with these giants of industry.
The
following two tables show the revenues of the top 50 transnational
corporations and the gross domestic profit of each of the 50 largest
nations.
TRANSNATIONAL
CORPORATIONS
|
Rank
|
Company
|
Revenues
(millions)
|
Profits
(millions)
|
|
1
|
Wal-Mart
Stores
|
287,989.0
|
10,267.0
|
|
2
|
BP
|
285,059.0
|
15,371.0
|
|
3
|
Exxon
Mobil
|
270,772.0
|
25,330.0
|
|
4
|
Royal
Dutch/Shell Group
|
268,690.0
|
18,183.0
|
|
5
|
General
Motors
|
193,517.0
|
2,805.0
|
|
6
|
Daimler
Chrysler
|
176,687.5
|
3,067.
|
|
7
|
Toyota
Motor
|
172,616.3
|
10,898.2
|
|
8
|
Ford
Motor
|
172,233.0
|
3,487.0
|
|
9
|
General
Electric
|
152,866.0
|
16,819.0
|
|
10
|
Total
|
152,609.5
|
11,955.0
|
|
11
|
Chevron
Texaco
|
147,967.0
|
13,328.0
|
|
12
|
ConocoPhillip
|
121,663.0
|
8,129.
|
|
13
|
AXA
|
121,606.3
|
3,133.0
|
|
14
|
Allianz
|
118,937.2
|
2,735.0
|
|
15
|
Volkswagen
|
110,648.7
|
842.0
|
|
16
|
Citigroup
|
108,276.0
|
17,046.0
|
|
17
|
ING
Group
|
105,886.4
|
7,422.8
|
|
18
|
Nippo
Telegraph & Telephone
|
100,545.3
|
6,608.0
|
|
19
|
American
Intl. Group
|
97,987.0
|
9,731.0
|
|
20
|
Int'l Business Machine
|
96,293.0
|
8,430.0
|
|
21
|
Siemens
|
91,493.2
|
4,144.6
|
|
22
|
Carrefour
|
90,381.7
|
1,724.8
|
|
23
|
Hitachi
|
83,993.9
|
479.2
|
|
24
|
Assicurazioni
Generali
|
83,267.6
|
1,635.1
|
|
25
|
Matsushita
Electric Industrial
|
81,077.7
|
544.1
|
|
26
|
McKesson
|
80,514.6
|
-156.7
|
|
27
|
Honda
Motor
|
80,486.6
|
4,523.9
|
|
28
|
Hewlett-Packard
|
79,905.0
|
3,497.0
|
|
29
|
Nissan
Motor
|
79,799.6
|
4,766.6
|
|
30
|
Fortis
|
75,518.1
|
4,177.2
|
|
31
|
Sinopec
|
75,076.7
|
1,268.9
|
|
32
|
Berkshire
Hathaway
|
74,382.0
|
7,308.0
|
|
33
|
ENI
|
74,227.7
|
9,047.1
|
|
34
|
Home
Depot
|
73,094.0
|
5,001.0
|
|
35
|
Aviva
|
73,025.2
|
1,936.8
|
|
36
|
HSBC
Holdings
|
72,550.0
|
11,840.0
|
|
37
|
Deutsche
Telekom
|
71,988.9
|
5,763.6
|
|
38
|
Verizon
Communications
|
71,563.3
|
7,830.7
|
|
39
|
Samsung
Electronics
|
71,555.9
|
9,419.5
|
|
40
|
State
Grid
|
71,290.2
|
694.0
|
|
41
|
Peugeot
|
70,641.9
|
1,687.8
|
|
42
|
Metro
|
70,159.3
|
1,028.6
|
|
43
|
Nestlé
|
69,825.7
|
5,405.4
|
|
44
|
U.S.
Postal Service
|
68,996.0
|
3,065.0
|
|
45
|
BNP
Paribas
|
68,654.4
|
5,805.9
|
|
46
|
China
National Petroleum
|
67,723.8
|
8,757.1
|
|
47
|
Sony
|
66,618.0
|
1,524.5
|
|
48
|
Cardinal
Health
|
65,130.6
|
1,474.
|
|
49
|
Royal
Ahold
|
64,675.6
|
542.3
|
|
50
|
Altria
Group
|
64,440.0
|
9,416.0
|
[Chart
Courtesy of Forbes]
NATION-STATES
Rank
|
Country
|
Gross
Domestic Product
|
Date
of Information
|
|
1
|
World
|
$
59,380,000,000,000
|
2005
est.
|
|
2
|
United
States
|
$
12,370,000,000,000
|
2005
est.
|
|
3
|
European
Union
|
$
12,180,000,000,000
|
2005
est.
|
|
4
|
China
|
$
8,158,000,000,000
|
2005
est.
|
|
5
|
Japan
|
$
3,867,000,000,000
|
2005
est.
|
|
6
|
India
|
$
3,678,000,000,000
|
2005
est.
|
|
7
|
Germany
|
$
2,446,000,000,000
|
2005
est.
|
|
8
|
United
Kingdom
|
$
1,867,000,000,000
|
2005
est.
|
|
9
|
France
|
$
1,816,000,000,000
|
2005
est.
|
|
10
|
Italy
|
$
1,645,000,000,000
|
2005
est.
|
|
11
|
Brazil
|
$
1,580,000,000,000
|
2005
est.
|
|
12
|
Russia
|
$
1,535,000,000,000
|
2005
est.
|
|
13
|
Canada
|
$
1,077,000,000,000
|
2005
est.
|
|
14
|
Mexico
|
$
1,066,000,000,000
|
2005
est.
|
|
15
|
Spain
|
$
1,014,000,000,000
|
2005
est.
|
|
16
|
Korea,
South
|
$
983,300,000,000
|
2005
est.
|
|
17
|
Indonesia
|
$
899,000,000,000
|
2005
est.
|
|
18
|
Australia
|
$
642,700,000,000
|
2005
est.
|
|
19
|
Taiwan
|
$
610,800,000,000
|
2005
est.
|
|
20
|
Iran
|
$
551,600,000,000
|
2005
est.
|
|
21
|
Turkey
|
$
551,600,000,000
|
2005
est.
|
|
22
|
Thailand
|
$
545,800,000,000
|
2005
est.
|
|
23
|
Argentina
|
$
537,200,000,000
|
2005
est.
|
|
24
|
South
Africa
|
$
527,400,000,000
|
2005
est.
|
|
25
|
Netherlands
|
$
500,000,000,000
|
2005
est.
|
|
26
|
Poland
|
$
489,300,000,000
|
2005
est.
|
|
27
|
Philippines
|
$
451,300,000,000
|
2005
est.
|
|
28
|
Pakistan
|
$
385,200,000,000
|
2005
est.
|
|
29
|
Saudi
Arabia
|
$
340,500,000,000
|
2005
est.
|
|
30
|
Egypt
|
$
337,900,000,000
|
2005
est.
|
|
31
|
Belgium
|
$
329,300,000,000
|
2005
est.
|
|
32
|
Ukraine
|
$
321,200,000,000
|
2005
est.
|
|
33
|
Colombia
|
$
303,100,000,000
|
2005
est.
|
|
34
|
Bangladesh
|
$
299,900,000,000
|
2005
est.
|
|
35
|
Austria
|
$
269,400,000,000
|
2005
est.
|
|
36
|
Sweden
|
$
266,500,000,000
|
2005
est.
|
|
37
|
Switzerland
|
$
262,100,000,000
|
2005
est.
|
|
38
|
Hong
Kong
|
$
254,200,000,000
|
2005
est.
|
|
39
|
Vietnam
|
$
251,800,000,000
|
2005
est.
|
|
40
|
Malaysia
|
$
248,000,000,000
|
2005
est.
|
|
41
|
Greece
|
$
242,800,000,000
|
2005
est.
|
|
42
|
Algeria
|
$
237,000,000,000
|
2005
est.
|
|
43
|
Portugal
|
$
194,800,000,000
|
2005
est.
|
|
44
|
Norway
|
$
194,700,000,000
|
2005
est.
|
|
45
|
Romania
|
$
186,400,000,000
|
2005
est.
|
|
46
|
Czech
Republic
|
$
184,900,000,000
|
2005
est.
|
|
47
|
Denmark
|
$
182,100,000,000
|
2005
est.
|
|
48
|
Chile
|
$
180,600,000,000
|
2005
est.
|
|
49
|
Peru
|
$
168,900,000,000
|
2005
est.
|
|
50
|
Venezuela
|
$
161,700,000,000
|
2005
est.
|
[Chart
Courtesy of CIA Facts]
The
power and sphere of influence that these giants wield is most
intimidating to all but a few of the largest nations in the world.
Remember, developing countries are essentially competing to win
transnational corporation’s investments: both in regards to creating
jobs as well as generating revenues.
When
a transnational giant sets up shop in a new foreign land, especially in
a developing nation, its powerful sphere of influence affects the entire
process: social policies, political policies, environmental issues,
taxes, labor rules, accounting, campaign contributions, and many other
related issues that collectively have a huge impact on the host
environment.
The
World Development Report 2005: An Unbalanced Message on Investment
Liberalization” has much to say regarding the issue of TNC’s
influence on the host country.
“The report
states that non-transparent or unpredictable governmental policies and
behaviors may adversely affect investors’ decisions and thereby chill
incentives to invest in a particular country. The report cites surveys
among firms and investors indicating that issues relating to policy and
regulatory uncertainty dominate investor concerns vis-à-vis developing
countries, and that reducing government-related regulatory or policy
risks can increase the probability of new investments by more than 30
percent.
It is also
argued that selective or targeted policy interventions with respect to
promoting certain investment areas or industrial sectors often end up
failing to meet their objectives, and stresses that such measures are
more likely to succeed when they complement rather than attempt to
substitute for broader investment climate improvements.
Therefore,
instead of prioritizing selective interventions, governments should put
their energy into improving the underlying causes of disadvantages for
firms (such as the inadequacy of the infrastructure, ambiguity in
property rights, red tape, corruption, etc.), in which case selective
interventions may not be necessary.” [13]
The
Trade Off
The
competition in the world of business is not for the faint of heart. The
competition between countries, especially developing countries, to land
a transnational corporation on its home territory is very intense – to
put it mildly.
There
is much at stake for many different players: the transnational
corporation itself, the host country, the immediate local environment
where the company sets up shop, and the affects on the countries that
were in competition for the direct investment flows and lost out on the
opportunity.
“It is also
argued that that selective or targeted policy interventions with respect
to promoting certain investment areas or industrial sectors often end up
failing to meet their objectives, and stresses that such measures are
more likely to succeed when they complement rather than attempt to
substitute for broader investment climate improvements.
Therefore,
instead of prioritizing selective interventions, governments should put
their energy into improving the underlying causes of disadvantages for
firms (such as the inadequacy of the infrastructure, ambiguity in
property rights, red tape, corruption, etc.), in which case selective
interventions may not be necessary.” [14]
Globalists
contend that they contribute to the betterment of the developing
countries investment climate, which in turn will bring in foreign direct
investment flows (FDI). Increased levels of economic growth and
development will then materialize, which will spur growth and reduce
poverty.
“However,
the authors of the report make no effort to provide empirical evidence
in support of the sweeping assertion that increased FDI flows would lead
to reduced poverty and higher living standards in developing countries.
The report also contains no evaluation of the levels of gross and net
flows, of the quantity versus the quality of foreign investment and of
the country and sectoral composition of these flows. An analysis of all
these aspects of foreign investment is needed to determine the net
benefit.” [15]
Corporate
taxes have become a main driver of a host country’s attractiveness for
foreign direct investment. This is especially true if competing
nation’s jurisdictions have similar or better “enabling
conditions”. As stated earlier, transnational corporations can bring
powerful influences to bear on the host country – even to the point of
affecting the prevailing corporate income tax rates.
Foreign
Direct Investment
Foreign
direct investment (FDI) contains an equity stake of 10% or more in a
foreign enterprise. A transnational corporation whose home base is in
one country sets up a business interest in a foreign host country.
Foreign direct investment (FDI) has three basic components: equity
capital, intra-company loans, and reinvested earnings.
For
2005, FDI increases received support from rising profits and economic
growth that together provided a more favorable overall business climate.
Data on the financing components of FDI show that the trends of FDI in
both developed and developing countries were largely determined by
equity investment.
Note
that all figures for FDI are denominated in US dollars. Consequently,
all foreign currencies are exchanged into dollar amounts for comparison.
Therefore, movement in foreign exchange rates between foreign currencies
and the dollar have an impact of FDI flows.
“Firms
may enter host economies through greenfield investments or M&As. The
choice of mode is influenced by industry-specific factors. For example,
greenfield investment is more likely to be used as a mode of entry in
industries in which technological skills and production technology are
key. The choice may also be influenced by institutional, cultural and
transaction cost factors in particular, the attitude towards takeovers,
conditions in capital markets, liberalization policies, privatization,
regional integration, currency risks and the role played by
intermediaries (e.g. investment bankers) actively seeking acquisition opportunities
and taking initiatives in making deals.” [16]
The
Bankers
Notice
the mention of investment bankers. We have not heard very much
concerning bankers in all this transnational globalization discussion.
Yet they are there, both behind the scenes in the shadows and amongst
the combatants on the field, as intermediaries or middlemen, sometimes
known as moneychangers.
Remember,
when all is said and done – money is what moves the wheels of modern
commerce. Likewise, if one were to search out the names of the largest
stockholders of the largest transnational corporations, one might be
surprised at the concentration of elite collectivist families that own
the TNCs that own the world.
Central
banking, the United Nations, the International Monetary Fund, the Bank
For International Settlements, the Bretton Woods Accord, the Federal
Reserve – all of these institutions were developed by the self-same
few elite international financiers and banking families.
Just
as most business is concentrated within the top ten transnational
corporations, so too is the world’s wealth concentrated in the hands
of the thirteen top elite families: the crème de le crème. The apple
does not fall far from the tree.
The
chart below shows the disparity between those that have and those that
have not. Wealth is becoming increasingly concentrated – in fewer and
fewer hands, which is supposedly not the mission of the United
Nations and their bevy of international institutions, yet that is
exactly what is occurring.
“TNCs
from five countries: France, Germany, Japan, the United Kingdom and the
United States dominate the list, accounting for 70% of all companies in
the top 50 and 74% of their total assets.” [17]

[Courtesy
of WIR]
Many
developing nations are questioning just how effective foreign direct
investment by transnational corporations is in helping the host country
as opposed to helping the TNC.
“India
raised many of the concerns of developing countries on the quality of
FDI flows in its submission to the WTO: …‘more’ is not necessarily
‘better’ in the case of multinational corporate activities in
developing countries. Studies have shown that between 25 and 45 per cent
of FDI has a demonstrably negative impact on host societies. That is,
the costs in terms of using scarce domestic resources inefficiently
substantially outweigh the benefits of national income.”
“The
risks associated with foreign investment flows relate to the impact of
these flows on the balance of payments, macroeconomic management, the
exchange rate, restrictions in the transfer of technology, and crowding
out of domestic enterprises. In other words, FDI may have both a short
and a longer-term structural influence on the composition of a
country’s external payment flows […] unfettered FDI may create a
time profile of foreign exchange outflows (in the form of dividend
payments or profits repatriation) and inflows (e.g. fresh FDI) which may
be time inconsistent. Experience shows that such incompatibility, even
in the short run, may easily produce a liquidity crisis [which
could in turn] degenerate into a solvency crisis with serious
adverse consequences for economic development.” [18]
The
Asian Financial Crisis of 1997-98, as well as the problems in South
America (Argentina for example) and other developing countries such as
Africa have been the recipients of the results of globalization
according to the new world order: most easily summed up by “move out
of the way and go to the back of the bus please.”
“The
opposition of developing countries to the proposals for the negotiation
of new binding international rules and disciplines to govern FDI arises
out of their experience of the negative effects of the trade and
investment liberalization initiatives that many have undertaken as a
result of World Bank loan conditionalities or IMF structural adjustment
programs. Developing countries have also experienced the adverse social,
environmental, economic and financial effects of unregulated FDI and
portfolio investments by TNCs. These concerns were inadequately
addressed in WDR 2005.” [19]
Mergers
and Acquisitions
Mergers
and acquisitions increased to approximately $ 2.9 trillion dollars, an
increase of about 40%. Higher share prices on most of the major stock
markets contributed to the increase. The weakening of the U.S. dollar
also contributed to the increase in FDI flows into the U.S., as well as
other countries (China) whose currency is pegged to the U.S.
dollar.
“Mergers
and Acquisitions have acquired growing importance as a form of
investment in developing countries in recent years and this has raised
many concerns about the net benefits of this type of investment. A
particularly troublesome issue is that FDI entry via an acquisition may
not represent any addition at all to the capital stock, output or
employment of the host country. Also, if FDI takes the form of
acquisition of host country corporations on the stock market, the net
result could be that of the best developing country corporations being
acquired by the much larger multinationals even though the latter would
not be as efficient as the acquired corporations.” [20]
The
following chart shows the cross-border mergers and acquisitions with
values over $1 billion dollars between 1984-2004. Note how the totals
steadily rose in value until peaking in 2000. Since 2000, they have
steadily declined by between 50 to 66%, depending on the given year
under review.

[Source:
UNCTAD, cross-border M&A database]
FDI
is financed by TNCs through equity capital, intra-company loans and
reinvested earnings. Equity
capital has been the largest source of financing comprising
approximately 67% of foreign direct investment flows from 1995 to 2005.
The
average share of equity capital in annual FDI flows was 85% in the
United States, 78% in Germany, and between 50% and 70% in Finland,
Norway, Switzerland and the United Kingdom. The chart below illustrates
the dominance of equity capital in financing FDI flows.
Components
Share of FDI Flows

Bilateral
Investment Treaties
The
most favored vehicle for foreign direct investment by transnational
corporations is the bilateral investment treaty (BIT), although their
use is not growing at the rates of previous years, while new types of
international investment agreements (IIA) receive expanding usage.
Out
of the approximate 2500 BIT’s signed to date, only 70% are actually in
force. Various reasons are given: formal requirements vary from country
to country regarding the ratification and subsequent enactment of
treaties, lack of coordination and communication between and within
countries may occur, as well as political problems, civil unrest or war.
“It
is important to note in this context that the signature of a treaty
itself has legal implications for its parties. According to Article
18 of the Vienna Convention on the Law of Treaties, A State is obliged
to refrain from acts which would defeat the object and purpose of a
treaty when:
(a)
It has signed the treaty or has exchanged instruments constituting the
treaty subject to ratification, acceptance or approval, until it shall
have made its intention clear not to become a party to the treaty;
or
(b)
It has expressed its consent to be bound by the treaty, pending the
entry into force of the treaty and provided that such entry into force
is not unduly delayed”. [21]
In
response, The World Development Report 2005: An Unbalanced Message on
Investment Liberalization had the following to say:
“The
WDR 2005 argues that such international agreements will lead to greater
flows of investment. This outcome is not guaranteed but the report
asserts that there is evidence that investors rely on the assurances
provided by binding international agreements to invest. However, the WDR
2005 does not provide any evidence in support of this assertion.
To
the contrary, the report acknowledges that empirical studies have not
identified a link between the conclusion of bilateral investment
treaties (BITs) and increased investment flows. In an attempt to
reconcile this contradiction, the WDR 2005 makes the amazing claim that
lack of awareness and understanding by investors of the existence of
BITs may be preventing a stronger response in terms of increased
investment flows.” [22]
Consequently,
after a half-century of work the results are contradictory at best and
amazingly incongruent at worst. In the words of the Governance Reform of
the Bretton Woods Institutions and the UN Development System of May 2005
that states:
“Sixty
years after the creation of the United Nations and the Bretton Woods
institutions, the world faces some serious old and new global
challenges: hunger, poverty, and social polarization are a heavy burden
for the idea of justice. Global population growth continues to
exacerbate these problems, forcing the international community to focus
on sustainability as an organizing principle, not only for environmental
policies and strategies but also for economic policy, energy, and the
manufacturing industry. Global climate change and the loss of
biodiversity has become a serious environmental and security issue.
While these and other threats (HIV/AIDS, malaria, tuberculosis,
catastrophic diseases, as well as environmental health risks) continue
to grow as global issues, the necessary global governance capacities and
institutions are still weak and not up to the task of addressing these
threats. We believe that the Millennium Development Goals and the Agenda
for Sustainable Development cannot be met without serious efforts to
reform the architecture of global governance.”
“The reform
proposals made in this study are aimed at strengthening and improving
the main multilateral development institutions. In particular, the
Bretton Woods institutions and the UN development system need to improve
their cooperation by synchronizing their development strategies. Both
the UN and the Bretton Woods institutions have important, different, and
at the same time common roles to play.
In fact,
their commonality is clearly visible in the origins of the post-World
War II architecture, in which the Bretton Woods institutions, though
first by birth right, formed part of a one-world strategy, which was the
intention of the founding fathers of the post-World War II international
order. This spirit is still the best idea to address serious global
issues in the absence of a world government.” [23]
Unilateral
New World Order
The
language used in the above paragraph is most telling, both in what it
says and does not say; and by that which is alluded to in muted
undertones of incongruity. We will start at the end, as the end is the
result of the cause, which came before.
The
“absence of a world government” is lamented, the pretext for the
“best ideas to address serious global issues.” Next “the
intentions of the founding fathers of the post-World War II
international order” is said to have been “a one-world strategy.”
The
“one-world strategy” is the child of the Bretton Woods institutions
in conjunction with the UN. Furthermore, it states that the reform
proposals of the study that follows are “aimed at strengthening and
improving the main multilateral development institutions” (Bretton
Woods and the UN).
We
offer a few observations:
-
A
one-world strategy exists only to create a one-world government.
-
An
international order, which existed after World War II, is decisively
different from a one-world order.
-
A
one-world government is a bit different from multilateral institutions
within an international order.
-
The
preferred new world order is a unilateral order of transnational
corporations that seek a global one-world marketplace, a global
one-world currency, and a global one-world overlord to enforce the laws
of the one-world court of the new world order.
Conclusion
To
say the times are a changing, or that we live in interesting times no
longer expresses the seriousness of what is going on in the world today.
Mankind has come to an important fork on the path of his journey.
Important decisions that will affect all of mankind are calling forth to
be made. One wonders if the leaders of the world literally know what
they are doing, or why they are doing it, and for whom they are doing
it.
For
over a half century the existing international order has poured billions
upon billions of dollars into program after program. Cui Bono? New and
improved organizations and committees have appeared, with new leaders
that supposedly have a clear vision of how to construct a better future
to be.
Humankind
faces grave problems: of hunger, malnutrition, lack of clean water,
inadequate education, disease, poverty, and protection of himself and
the biosphere. The leaders and experts in their various fields must
realize that using the same types of external solutions of the past
cannot solve the complex problems of today.
The
programs that are today regarded as obsolete and outdated were the
cutting edge solutions for the future just 50 years ago. Now the junk
pile is their new home – because they did not fulfill the expectations
of their creators – or did they.
I
offer a simple solution; no let us call it a suggestion taken under
advisement, to help in the corrective process to nurture world peace and
posterity.
The
basis of physical existence requires the necessities of life to be
available to all. This means that trade and commerce must exist for man
to exist. And what is the basis of all trade and commerce in today’s
world – money; the common medium of exchange for all that man’s
labor produces and provides.
Unfortunately,
the powers that fought and financed WWII are the same powers that
created the UN, and the IMF, and the World Bank, and the WTO – the
same powers that created paper fiat money; and central banking according
to fractional reserve lending and legal tender laws.
The
many world problems cannot be solved unless that which supports man’s
labor and trade is sound and sturdy – the monetary unit of account.
The real story of the present world condition is one of
DEBT
AND
WEALTH TRANSFERENCE.
Many
of today’s developing nations are home to the oldest civilizations on
earth. How is it that they could not better themselves in thousands of
years, yet the United States has progressed to world leadership in 300
years, and previously Great Britain in less than a thousand years?
What
nation went to India, China, Australia, Africa, and the Middle East to
establish its empire? If the countries that were exploited had nothing
worth exploiting, than the world’s elite collectivists would not have
set up shop there. Once they did establish themselves, they bled the
country dry. That
is the reason
there are so many third world undeveloped nations. It is very difficult
to develop when you have been under another’s thumb holding you down
for so long.
The
simple solution: take the thumb off the people of the world, forget
about world domination and world government – who died and left them
king? If world leaders truly want to accomplish something positive than
return Gold and Silver to its rightful place as Honest Money.
Only
honest men can have a system of Honest Money. Only a system of Honest
Money is sound enough and strong enough to be the basis of any solution
for the present world condition. A stone house is not made with straw. A
house of cards cannot withstand the savage and forever changing winds of
fortune.
Perhaps
more than just the institutions are at fault – perhaps the men that
run the institutions at various times are at fault as well. In the
memoirs of one U.S. Secretary of State we find the fertile ground that
bred the post WWII version of The New World Order:
"The
Security Council is not a body that merely enforces agreed law. It is a
law unto itself. No principles of law are laid down to guide it; it can
decide in accordance with what it thinks is expedient." [24]
Such
self-aggrandizement is at best illusional, and at worst delusional. All
those that have come before, are now long gone. And this too shall come
to pass:
“He
breath’d prolific soul, inspir’d the land
And call’d forth order, with directive hand
Then, pour’s whole energy, at once spread wide,
And old obstruction sunk, beneath the tide.
Then, shad’wing all, the dread dominion rose,
Which, late, no hope, and now, no danger knows.” [25]
Look
For An Open Letter To Congress Coming In March
Seeking
Redress For Honest Money

© 2006 Douglas V. Gnazzo
Editorial Archive
All
rights reserved. Any republication without written permission
of author
and Financial Sense prohibited.
[1]
Joel Bleifuss, In These Times magazine
[2]
Jeremy Brecher, Historian and
Author
[3]
The United Nations Conference on Trade and Development
[4]
World Investment Report 2005
[5]
United Nations Conference On Trade And Development [press release
dated 1/23/06]
[6]
Preface To The World Development Report 2005
[7]
The United Nations
Conference on Trade and Development dated January 23, 2006
[8]
The World
Development Report 2005 An Unbalanced Message
On Investment Liberalization
[9]
As above
[10]
UN Economic and Social Council Commission On Human Rights 15 Feb.
2005
[11]
As above
[12] Security Council by Dr Danesh D.
Sarooshi
[13]
The World Development Report 2005
[14]
As above
[15] As above
[16]
World Investment Report 2005 Transnational
Corporations and the Internationalization of R&D, Chapter
One: Global Trends:
FDI Flows Resume Growth
[17]
World Investment Report 2005
[18]
The WDR 2005 An Unbalanced Message On Investment Liberalization
[19]
As above
[20]
Same
[21]
WIR 2005
[22]
The WDR 2005
[23]
Governance Reform of the Bretton Woods Institutions and the UN
Development System
of
May 2005
[24]
The Memoirs “War or Peace” by US Secretary of State John
Foster Dulles
[25]
Aaron Hill – Poet 1718
About
the author: Douglas V. Gnazzo is
CEO of New England Renovation LLC, a historical restoration contractor
that specializes in restoring older buildings that are vintage historic
landmarks. He writes for numerous websites and his work appears both
here and abroad. Just recently he was honored by being chosen as a Foundation
Scholar for the Foundation of Monetary Education (FAME).
Disclaimer:
The contents of this article represent the opinions of Douglas V.
Gnazzo. Nothing contained herein is intended as investment advice or
recommendations for specific investment decisions, and you should not
rely on it as such. Douglas V. Gnazzo is not a registered investment
advisor. Information and analysis above are derived from sources and
using methods believed to be reliable, but Douglas. V. Gnazzo cannot
accept responsibility for any trading losses you may incur as a result
of your reliance on this analysis and will not be held liable for the
consequence of reliance upon any opinion or statement contained herein
or any omission. Individuals should consult with their broker and
personal financial advisors before engaging in any trading activities.
Do your own due diligence regarding personal investment decisions. This
article may contain information that is confidential and/or protected by
law. The purpose of this article is intended to be used as an
educational discussion of the issues involved. Douglas V. Gnazzo is not
a lawyer or a legal scholar. Information and analysis derived from the
quoted sources are believed to be reliable and are offered in good
faith. Only a highly trained and certified and registered legal
professional should be regarded as an authority on the issues involved;
and all those seeking such an authoritative opinion should do their own
due diligence and seek out the advice of a legal professional. Lastly
Douglas V. Gnazzo believes that The United States of America is the
greatest country on Earth, but that it can yet become greater. This
article is written to help facilitate that greater becoming. God Bless
America.
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