I understand why it is necessary to dissuade countries from expropriating FDI that is already in progress, whether that be through overt nationalization or simply changing the rules arbitrarily after the fact to make such FDI not feasible.
I do agree that a corporation in such a situation should be able to recover what it has invested from the offending nation. ISDS is perhaps an appropriate venue for that. However, the appropriate remedy would be for the corporation to recover what it has lost and be made whole for its suddenly non-performing investment, NOT for such corporation to extrapolate years and years of profits it expected to make in the future and demand the host country cough up several years of "expected profits" that were never actually booked.
Would we as Americans be thrilled if Keystone XL came suing us through a NAFTA tribunal for 99 years' worth of "expected profits" from running oil through the Keystone XL pipeline that the Obama administration declined to approve? I would suspect the American taxpayers would be none too happy with that, and what with the recovery of "expected profits" and all, who knows what paper "losses" ambitious and greedy corporations would dream up?
I don't have a problem with playing by a fair set of rules, but lets keep the ISDS lawsuits to that which is provable and quantifiable, please.