SILENT COUP: How Corporations Overthrew Democracy by Claire Provost and Matt Kennard (2023)
Everybody knows that corporations influence and manipulate governments behind the scenes. In Silent Coup, two British journalists show ways in which corporations are actually replacing governments.
There are international corporate courts, whose decisions are binding on governments. The world is dotted with enclaves administered by corporations independent of any national laws. Even responsibility for public welfare and national defense is being handed over to corporations.
Few of these things are secret. They are just ignored. That is why the coup is a silent coup.
Corporate Courts
I first learned about international corporate courts when the Obama administration proposed the Trans Pacific Partnership Agreement, a free trade agreement binding all the important nations bordering the Pacific except China.
The problem with TTP agreement was in the fine print. Any time a TPP country’s government adopted a policy that impacted the profits of a foreign company, that company could go to a special arbitration board and demand compensation for lost profits.
Public outcry prevented U.S. ratification of that agreement, but then I learned that NAFTA also contained an investor-state dispute settlement (ISDS) provision. In fact, the whole world is covered by a web of ISDS agreements.
They were the brainchild of a German banker called Hermann Abs who had headed Deutsche Bank. He helped finance the Nazi regime, although he did not belong to the Nazi party itself. He helped settle allied claims against Germany after the war. He was highly respected by bankers and industrialists, including in the USA.
In 1957, he made a speech in San Francisco to a group of bankers and industrialists from all over the world, calling for a “capitalist Magna Carta,” a system of international law that would protect global corporations from revolutionaries and nationalists.
He joined with a British Lord called Lord Shawcross to write a document called the Abs-Shawcross Draft Convention. It was taken up in the 1960s by the World Bank, which created the International Center for Dispute Settlement (ICDS) and pressured its clients to adopt ISDS rules.
Provost and Kennard came across the ICDS when they went to El Salvador, which was fighting a lawsuit brought by a Canadian-Australian company called OceanaGold, which demanded compensation for environmental regulations that prevent them from digging a gold mine.