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(114,904 posts)
Sun Mar 2, 2014, 03:54 PM Mar 2014

ISDS: "A Private Justice System For... Corporations". One the administration is pushing [View all]

And yes, it shocks me that the administration is pushing ISDS in both the TPP and TTIP. There are nations that have objected to its inclusion. Or rather there were nations that objected. Australia just knuckled under.

ISDS is rigged in favor of corporations. Period. The history of its use is disgusting and widely known.

corporate use of the ISDS has already led to tragic results and governmental changes that benefit only corporate profit while sacrificing the well being of people.

No, that's not hyperbole. It's fucking fact.

The U.S. is behind ISDS and this administration is pushing hard for it.

Since NAFTA the U.S. has insisted that all its trade agreements have ISDS and corresponding "investors rights" chapters.

In 2012, corporations won over 70% of the disputes they initiated- and they initiate all of them. There is no similar process for communities and nations. It's like having the Chamber of Commerce be the arbitrator in a dispute between business and environmentalists


These companies (along with hundreds of others) are using the investor-state dispute rules embedded in trade treaties signed by the countries they are suing. The rules are enforced by panels which have none of the safeguards we expect in our own courts. The hearings are held in secret. The judges are corporate lawyers, many of whom work for companies of the kind whose cases they hear. Citizens and communities affected by their decisions have no legal standing. There is no right of appeal on the merits of the case. Yet they can overthrow the sovereignty of parliaments and the rulings of supreme courts.

You don't believe it? Here's what one of the judges on these tribunals says about his work. "When I wake up at night and think about arbitration, it never ceases to amaze me that sovereign states have agreed to investment arbitration at all ... Three private individuals are entrusted with the power to review, without any restriction or appeal procedure, all actions of the government, all decisions of the courts, and all laws and regulations emanating from parliament."

There are no corresponding rights for citizens. We can't use these tribunals to demand better protections from corporate greed. As the Democracy Centre says, this is "a privatised justice system for global corporations".

Even if these suits don't succeed, they can exert a powerful chilling effect on legislation. One Canadian government official, speaking about the rules introduced by the North American Free Trade Agreement, remarked: "I've seen the letters from the New York and DC law firms coming up to the Canadian government on virtually every new environmental regulation and proposition in the last five years. They involved dry-cleaning chemicals, pharmaceuticals, pesticides, patent law. Virtually all of the new initiatives were targeted and most of them never saw the light of day." Democracy, as a meaningful proposition, is impossible under these circumstances.




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the end of self rule as we know it questionseverything Mar 2014 #1
it's fucking horrific and that the administration supports and pushes it cali Mar 2014 #2
The ICSID and ISDS have been international law for nearly 50 years. ProSense Mar 2014 #3
and slavery was around for thousands of years! cali Mar 2014 #5
It's the slowest rollout of Fascism I've ever seen....but the hypocrisy about International Law is msanthrope Mar 2014 #11
what hypocrisy? do you think that cali Mar 2014 #13
I'm presuming you like international treaties that enforce human rights, and allow universal msanthrope Mar 2014 #16
wow. that is a stunningly bad comparison cali Mar 2014 #17
ISDS has been international law for 50 years. Are you seriously using Wikipedia msanthrope Mar 2014 #18
I've presented you with not only a substantive argument cali Mar 2014 #19
Um, no. Substantive argument would include an accountability mechanism. msanthrope Mar 2014 #21
Uh, yes I have. you just aren't reading the articles I'm posting. cali Mar 2014 #22
Again...name the alternative accountability mechanism you are proposing. It has msanthrope Mar 2014 #23
Read post 20. cali Mar 2014 #24
I did...it's gobbledygook. Are you honestly suggesting a disparate system which would create msanthrope Mar 2014 #25
bwahahaha. cali Mar 2014 #26
Does your suggestion have a name, or is it theoretical? nt msanthrope Mar 2014 #30
ISDS IS a disparate systme that creates OrwellwasRight Aug 2014 #32
Proposed Changes to the Investment Dispute-Resolution System: A South American Perspective cali Mar 2014 #20
Fascism. nt woo me with science Mar 2014 #4
but it's been around since before President Obama- or something. cali Mar 2014 #6
K&R woo me with science Mar 2014 #7
kick. it's surreal. cali Mar 2014 #8
It's Corporations over Nations. jsr Mar 2014 #9
corporate control of aspects of the U.S. government is something cali Mar 2014 #10
kick woo me with science Mar 2014 #12
kind of amazing that anyone on DU would support this dog shit. cali Mar 2014 #14
What I can't wrap my head around is why Obama is so gung-ho about this stuff... truebrit71 Mar 2014 #15
Look who he surrounds himself with OrwellwasRight Aug 2014 #33
The obvious question is "Cui Bono"? Certainly not "the people". Tierra_y_Libertad Mar 2014 #27
corporations are the sole beneficiary under ISDS cali Mar 2014 #28
The other beneficiaries are the politicians who receive the payoffs from the corporations. Tierra_y_Libertad Mar 2014 #29
kick woo me with science Mar 2014 #31
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