During the Summit of the Americas in June 2022, U.S. President Joe Biden announced the launch of negotiations for an Americas Partnership for Economic Prosperity (APEP). The Biden administration hopes this initiative can rebuild relationships with countries in the region by increasing cooperation to address economic development and inequality, climate, and other challenges affecting the entire Western Hemisphere. To fulfill this vision and its associated goals, the participating countries must address the severe challenges posed by the investor-state dispute settlement (ISDS) regime and its escalating threats to the transition to a post-carbon society and the establishment of resilient public health systems in the Americas. In this white paper, Turning the Tide: How to Harness the Americas Partnership for Economic Prosperity to Deliver an ISDS-Free Americas, we explain how the APEP negotiating process can be leveraged to dismantle ISDS within the region. It includes original data describing the scope of the problem and provides pathways to address both the international and U.S. domestic law requirements for an effective ISDS exit.
CCSI, partnered with ReThink Trade, and Georgetown Law’s Center for the Advancement of the Rule of Law in the Americas, and the Center on Inclusive Trade and Development, and together with Senator Elizabeth Warren and Nobel Laureate Joseph Stiglitz, hosted a webinar on the occasion of the release of the report.
Daniel Rangel, Lori Wallach, Ladan Mehranvar, Alvaro Santos, Mario Osorio, Turning the Tide: How to Harness the Americas Partnership for Economic Prosperity to Deliver an ISDS-Free Americas, (New York: CCSI, Rethink Trade, Georgetown Law Center for the Advancement of the Rule of Law in the Americas, and the Center on Inclusive Trade and Development, October 2023), https://ccsi.columbia.edu/sites/default/files/content/docs/CCSI-americas-partnership-economic-prosperity.pdf.
Available at: https://scholarship.law.columbia.edu/sustainable_investment/24