Magazine article Foreign Affairs

Recent Books: Economic, Social, and Environmental: Shadow Courts: The Tribunals That Rule Global Trade

Magazine article Foreign Affairs

Recent Books: Economic, Social, and Environmental: Shadow Courts: The Tribunals That Rule Global Trade

Article excerpt

Recent Books: Economic, Social, and Environmental: Shadow Courts: The Tribunals That Rule Global Trade BY HALEY SWEETLAND EDWARDS. Columbia Global Reports, 2016, 144 pp.

One of the controversial features of the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership (which is still being negotiated) is a provision called the Investor-State Dispute Settlement (isos), whereby a private party can sue a government for violating a trade or investment agreement. Such suits are judged by private arbitration panels whose decisions cannot be appealed. Isos provisions have existed for many years, but they have rarely been put to use-and when they have been, it has usually been in cases in which a government has destroyed or confiscated a foreigner's property without adequate compensation. …

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