is the issue of "speculative damages." Generally, in US courts, a party claimdamages has to prove the damages.
Some of the NAFTA court cases suggest to me that the plaintiff is requesting speculative damages that could never be proven in a court with a jury.
If you have some tomfool scheme to invest in, say the XL pipeline through the farmlands of Nebraska and the US does not permit you to do it because of the danger to the environment, why in the world would you be able to go to an international court and claim that you were damaged? Your tomfool scheme was precisely that, a tomfool scheme. You are an idiot and you made a big mistake in planning to put your pipeline through a major aquifer and fertile farmland. You are a corporation. You are supposed to figure your risks before you set out and invest in a project.
You don't get to plan some tomfool scheme and then go to an international arbitration court with no jury to review your damages claim and get a big verdict.
It's just a crazy idea, these speculative damages caused by regulations and laws and decisions of democratically elected government.
The idea of the TPP is just infuriating from one end to the other. Have these corporate lawyers and trade commission negotiators forgotten that they too are human, that they have children and grandchildren? What kind of world do they think they are going to leave to their children and grandchildren? One in which corporate bullies rule? I know the pay is great, but please!!!!!