Document Type

Memo/Briefing Note

Publication Date

9-2016

Abstract

CCSI helped launch a letter joined by over 220 law and economics professors calling on Congress to oppose the final Trans-Pacific Partnership agreement because that treaty includes the investor-state dispute settlement (ISDS) mechanism. As the letter notes, the ISDS mechanism “threatens to dilute constitutional protections, weaken the judicial branch and outsource our domestic legal system to a system of private arbitration that is isolated from essential checks and balances.” Despite the Obama administration’s claims to have addressed growing concerns about the ISDS system, the final TPP would instead vastly expand the ISDS threat to the rule of law and U.S. democratic institutions.

This letter served as the model for a similar letter published in October 2017 urging President Trump to remove ISDS provisions from NAFTA.

Disciplines

Dispute Resolution and Arbitration | International Law | Law | Secured Transactions

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