To those who doubt Professor Crouch's position; remember--he wrote the book. He titled it--Post Democracy. http://www.amazon.com/Post-Democracy-Colin-Crouch/dp/0745633153
UN expert says ISDS violates international human rights law..
Alfred de Zayas is the UN's Independent Expert on the idea of a democratic and equitable international order, focusing on human rights. He has examined the secretive and post-law nature of bilateral and multilateral free trade agreements, through a human rights lens.
De Zayas challenges the predatory nature of ISDS which allows corporations the right to ransack public coffers via frivolous lawsuits, challenging domestic laws if the corporation feels future profits will suffer. De Zayas further attacks the corporate attorneys who routinely switch sides as plaintiffs, defendants and/or arbitrators, on obvious conflict of interest charges.
ISDS clear lack of accountability and transparency violates international human rights law under article 14 of the ICCPR, which mandates that lawsuits are adjudicated by independent tribunals.
He further argues that the parallel system ISDS has maintained, which remains exempt from democratic scrutiny or right of appeal, is contrary to any legitimate 'rule of law.'
Finally, de Zayas cites the UN Charter, which clearly states that free trade or investment agreements, (including ISDS cases) must honor national sovereignty and human rights. To quote de Zayas:
..."Pursuant to article 103 of the Charter provisions of free trade and investment agreements, as well as decisions of ISDS arbitrators must conform with the UN Charter and must not lead to a violation, erosion of or retrogression in human rights protection or compromise State sovereignty and the State's fundamental obligation to ensure the human rights and well-being of all persons living under its jurisdiction. Agreements or arbitral decisions that violate international human rights law are null and void as incompatible with Article 103 of the UN Charter and contrary to international order public." - Source : http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15883HYPERLINK "http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15883&LangID=E"&HYPERLINK "http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15883&LangID=E"LangID=E#sthash.Fiwx0Ook.dpuf
Congressman Alan Grayson calls out ISDS as 'justice for sale'...
US Congressman Alan Grayson has termed this conflict of interest more succinctly as he explained"
..."they (TPP international tribunal/ISDS), replace our five step established court systems for claims against the government with an alternative system that is wired for the benefit of multinational corporations."
..."TPP establishes...procedures that are essentially abrogating our democracy."
..."it (ISDS)..justice for sale."
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