2016 Postmortem
In reply to the discussion: Now I really want Bernie to take this to the Convention. No party unity after this last trick. [View all]puffy socks
(1,473 posts)Ah the old ISDS premise..
ISDS stands for Investor State Dispute Settlement is about investment and not trade. The anti arbitration folks are scare-mongering about a entity that relates only to investment.
ISDS is already in dozens of BITs (bilateral investment treaties) between the United States and other countries, including those involved in the TPP negotiations. Multinational corporations can treaty shop for the best protections . Also, most favored nation clauses in each BIT allow investors to choose the best protections from almost any BIT.
Question: How many ISDS claims has the US lost?
Answer: ZERO
Why? Because the US has an advanced judicial, administrative and regulatory system that does not treat investors (foreign or domestic) unfairly, and when it does it compensates them under domestic US "takings" law.
https://www.law.cornell.edu/wex/takings
In fact the top 30 countries in the OECD Corruption Rankings a.k.a. the least-corrupt countries have lost never ISDS case, with the exception of Canada and provincial politics played a huge part in that.