October 14, 2015
The two best jokes from the White House’s official FAQ on Investor-state dispute settlement:
Where did ISDS come from?and
Before we had investment rules and ISDS international agreements, unlawful behavior by countries that targeted foreign investors tended either to go unaddressed or escalate into conflict between countries. In fact, early in our history, the U.S. had to deploy “gunboat diplomacy,” or military intervention, to protect private American commercial interests. ISDS is a more peaceful, better way to resolve trade conflicts between countries.
How does the ISDS process ensure that arbitration is unbiased?H/t Jon Schwarz at The Intercept.
Governments play a central role in determining the composition of who handles arbitration. In the case of the United States, we have won 100 percent of cases against us, suggesting our confidence in the process is not misplaced.