Any area of law, whether environmental, public health, food safety, water rights, currency standards, financial regulations or even civil liberties is fair game to be sued. This license to push frivolous lawsuits against governments, also extends to statutes deemed unfavorable to corporate--including those written in the trade agreement itself. Subsequently, alleged protections in BIT's or MIT's like TPP have the value of toilet paper. 'Shock and Awe' economic/legal globalization is here. (Source : http://www.opendemocracy.net/cecilia-olivet-pia-eberhardt/profiting-from-injustice-challenging-investment-arbitration-industry ).
EU think tanks...expose ISDS as fraud....
The Corporate Europe Observatory and the Transnational Institute published a major study in 2012, titled "Profiting from Injustice: how law firms, arbitrators and financiers are fuelling an investment arbitration boom". The study explains how all of these trade 'agreements'; have at their core, this Investment Arbitration clause which replaces legitimate courts with a panel of three self-appointed investment arbitrators granted the undemocratic--power of kings.
..."Corporations have been granted the exclusive right to sue states (states cannot sue corporations) at secretive international tribunals for action deemed to unfairly affect investor profits..."
Since the arbitration tribunal attorneys come from the ranks of the legal corporate elite; this process is more a Dark Ages redux of the Court Star Chamber--than the actual 'rule of law.' In fact, the arbitrators themselves are dubbed the ...'Legal Mafia.'
Challenging ISDS...facts don't match arbitrator's claims...
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