Friday, March 27, 2015

The TPP and ISDS

The people behind the TPP (Trans-Pacific Partnership) don't like to use the courts to settle disputes; the courts have appeals procedures and build up case law via precedent. They would rather use ISDS (investor-state dispute settlement mechanisms), which allow companies to take governments to arbitration, where neither precedent nor appeals exist.

You should also know that the TPP would be incorporated as a U.S. law rather than as a treaty. As a law, it only needs a majority in both Houses of Congress. If it were to be offered for approval as a treaty, it would need a 2/3 majority in the Senate, with no House vote.

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