As negotiations are ongoing in the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP), CCSI staff and Jeffrey Sachs discuss the implications of investor-state dispute settlement (ISDS) for domestic law and policy, focusing on effects within the US. The paper concludes that the risks ISDS poses for domestic law are significant and unjustified, and that there are preferable policy alternatives to pursue as a means of protecting the rights of investors operating overseas.
Lise Johnson, Lisa E. Sachs & Jeffrey D. Sachs,
Investor-State Dispute Settlement, Public Interest and U.S. Domestic Law,
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/22