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I spoke with Law360 on the shortfalls of the new NAFTA/ USMCA.
"This piecemeal 'tear-ISDS-down-for-some-but-reinforce-for-others' U.S. alternative is not a coherent alternative, so I doubt it can scale and diffuse to other countries." https://www.law360.com/articles/1292911/nafta-replacement-injects-politics-into-investor-arbitration
"This piecemeal 'tear-ISDS-down-for-some-but-reinforce-for-others' U.S. alternative is not a coherent alternative, so I doubt it can scale and diffuse to other countries." https://www.law360.com/articles/1292911/nafta-replacement-injects-politics-into-investor-arbitration
Many of the lawyers interviewed worried about a new politicization of investment disputes.
As a political scientist, I don't think this is a coherent concept in this context. Research by @geoffreygertz Srividya Jandhyala @laugepoulsen casts further doubt.
https://cf.iisd.net/itn/2018/04/24/legalization-diplomacy-and-development-do-investment-treaties-de-politicize-investment-disputes/
As a political scientist, I don't think this is a coherent concept in this context. Research by @geoffreygertz Srividya Jandhyala @laugepoulsen casts further doubt.
https://cf.iisd.net/itn/2018/04/24/legalization-diplomacy-and-development-do-investment-treaties-de-politicize-investment-disputes/
And, as @KateAronoff writes, investor state dispute settlement a la Trump has become an extractives-only affair. That is not a model the Europeans or many others are going to rally to in a climate crisis. https://newrepublic.com/article/156240/new-us-trade-deal-climate-sabotage
Here is more detail about which industries are in and out of the new NAFTA investor rights. https://rooseveltinstitute.org/north-american-investment-law-and-policy-developments-in-2019/
