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leveymg

(36,418 posts)
15. The defendant state has no recourse to countersue in the same forum, under the draft TPP
Tue May 12, 2015, 01:35 PM
May 2015

As for the real world track record of ISDS matters, this is from the UNCTAD Issues Note, No. 1, .pdf from the section describing the disputes actually brought to arbitration in 2013. The report shows the broad variety of state measures challenged. Do you really want to see corporations and banks gain more leverage over governments in these and related areas?

Challenged measures. Similar to previous years, investors challenged a broad
range of government measures. These include: changes related to investment
incentive schemes (at least 14 cases), cancellation or alleged breaches of contracts
by States (at least 10), alleged direct or de facto expropriation (at least 5), revocation
of licenses or permits, regulation of energy tariffs, allegedly wrongful criminal
prosecution, land zoning decisions, creation of a State monopoly in a previously
competitive sector, allegedly unfair tax assessments or penalties, invalidation of
patents, and legislation relating to sovereign bonds. The subject matter of several
disputes is unknown.

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Insider view on the "secret" TPP [View all] PosterChild May 2015 OP
He's someone who stands to benefit from it. cali May 2015 #1
Excellent article, more proof it's not just big corporations privy to what's going on. Hoyt May 2015 #2
....l. cali May 2015 #3
Yeah, me and every country that has signed a trade agreement and hopes to attract businesses to Hoyt May 2015 #5
The WTO Trade Dispute Resolution Body is state-on-state. The TPP formalizes customary int'l law leveymg May 2015 #8
Governments can sue businesses in their own courts, as has been the case for hundreds of years. Hoyt May 2015 #9
No ability to counter-sue in the same forum is a definite liability in litigation leveymg May 2015 #12
You posted as if countries have no recourse if a company violates their laws. That is not true. Hoyt May 2015 #14
The defendant state has no recourse to countersue in the same forum, under the draft TPP leveymg May 2015 #15
They don't need it, they can haul them into their own courts, which presumably will be Hoyt May 2015 #16
Obama and the USTR are committed to the TPP which will benefit US-based MNCs leveymg May 2015 #17
And when other countries sign, they all are saying the small risk under ISDS is worth it to Hoyt May 2015 #18
Different states have different constituencies. The cost/benefits of this treaty vary. The threat leveymg May 2015 #21
Yeesh MFrohike May 2015 #40
Philip Morris has gotten nowhere in Australia. Australian packaging laws are still in effect. Hoyt May 2015 #42
Again, you make no sense MFrohike May 2015 #43
I disagree, and fact Australia is ready to sign another agreement with similar tribunals indicates Hoyt May 2015 #44
Heh MFrohike May 2015 #45
Thanks for the post! PosterChild May 2015 #24
You missed this quote when you went cherry picking... Jesus Malverde May 2015 #4
And - it looks like the TPP has more corporate protections than it does actual trade agreements. djean111 May 2015 #6
Like the "confidential briefings" congress received to convince them to invade Iraq bananas May 2015 #7
The "insider" also said “I’m not going to lie to you. I don’t know what the hell is in the TPP, and RiverLover May 2015 #10
LOL...well I guess there is THAT. n/t Oilwellian May 2015 #22
Of course not... PosterChild May 2015 #25
Thanks for that quote. Makes a big difference. madfloridian May 2015 #32
Obama went to Oregon to push Congress on trade agreements LWolf May 2015 #11
Inside what? He knows jack apple shit. TheKentuckian May 2015 #13
He is.. PosterChild May 2015 #26
Per him, he doesn't shit. Direct quote follows. TheKentuckian May 2015 #36
Funny-- I remember reading articles exactly like this one when NAFTA was being pushed. Marr May 2015 #19
The propaganda machine is up and running n/t Oilwellian May 2015 #23
K & R nt okaawhatever May 2015 #20
Cool story, bro. 99Forever May 2015 #27
And TRUE too! How cool is that? /nt/ PosterChild May 2015 #30
Of course it is 99Forever May 2015 #31
Without a doubt and... PosterChild May 2015 #33
Or honesty. 99Forever May 2015 #34
Honestly speaking... PosterChild May 2015 #35
"This is really going to help you." "What's really going to help me." Binkie The Clown May 2015 #28
The artcle provides some insight into this... PosterChild May 2015 #29
That makes sense, but... Binkie The Clown May 2015 #38
What a maroon. GeorgeGist May 2015 #37
Who? you? Cha May 2015 #41
About as credible as Saddam and the incubator babies n/t brentspeak May 2015 #39
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