Published on Aug 29, 2014
Alarm bells on ISDS are ringing this loud for a reason: ISDS allows foreign firms to bypass domestic courts and sue governments (hence citizens, through taxes) directly in private trade tribunals if they feel that a government’s action can unfairly diminish future returns on their investments.
Until recently, ISDS provisions mostly featured in bilateral state-to-state investment treaties, and were designed to offer investors protection from actions by governments in countries with legal systems perceived to be poorly developed…