Tall Tales of the #TPP (and #TTIP) - why #ISDS has no place in a functioning democracy
 Foreign investors enjoy greater substantive rights under “expropriation” and “minimum standard of treatment” articles. Expropriation. The vague expropriation obligations in the U.S. Model BIT and the leaked TPP investment chapter are easily given a broad or narrow reading by investment tribunals depending on the bias of the arbitrators. Tribunal decisions interpreting similar language in existing agreements are all over the map. Annex 12-D in the leaked TPP investment chapter is somewhat better than the comparable NAFTA language, but still a problem. It says that an indirect expropriation is a violation when a “deprivation” of the investor’s property is severe, disproportionate, or continues over time. A finding of discrimination or breach of contract can trigger a finding of “indirect expropriation” (aka a “regulatory taking” of property). Minimum standard of treatmen...