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In reply to the discussion: Insider view on the "secret" TPP [View all]leveymg
(36,418 posts)15. The defendant state has no recourse to countersue in the same forum, under the draft TPP
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.
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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Excellent article, more proof it's not just big corporations privy to what's going on.
Hoyt
May 2015
#2
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
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
Philip Morris has gotten nowhere in Australia. Australian packaging laws are still in effect.
Hoyt
May 2015
#42
I disagree, and fact Australia is ready to sign another agreement with similar tribunals indicates
Hoyt
May 2015
#44
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