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Environmental Regulations And The Trans-Pacific Partnership: Using Investor-State Dispute Settlement To Strengthen Environmental Law, Ai-Li Chiong-Martinson Aug 2017

Environmental Regulations And The Trans-Pacific Partnership: Using Investor-State Dispute Settlement To Strengthen Environmental Law, Ai-Li Chiong-Martinson

Seattle Journal of Environmental Law

The highly publicized Trans-Pacific Partnership (TPP) trade agreement has reignited a long-running debate between environmentalists and free trade advocates about the impacts of the investor-state dispute settlement (ISDS) system on the global economy and environmental preservation. The ISDS provision potentially gives foreign investors the right to challenge domestic regulations intending to protect the environment if those regulations discriminate against foreign investors and result in substantial monetary loss to the investors’ property. Critics of the TPP argue that we should learn from the troubling legacy of the North American Trade Agreement (NAFTA), which, according to critics, overwhelmingly favored investors over states …


Transcanada Lawsuit Highlights Need To Scuttle Tpp, Jeffrey D. Sachs, Brooke Güven, Lisa E. Sachs Jul 2016

Transcanada Lawsuit Highlights Need To Scuttle Tpp, Jeffrey D. Sachs, Brooke Güven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

The Obama administration is still trying, against the odds, to push the Trans-Pacific Partnership trade and investment agreement (TPP) through the lame-duck session of Congress after the November presidential vote. The administration knows that TPP can’t pass before the election because both Hillary Clinton and Donald Trump oppose it; therefore, they are hoping for a stealth Senate vote between the election and inauguration of the new president in 2017.We can therefore “thank” TransCanada for reminding us why the TPP needs to be scuttled.


Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson Nov 2015

Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In early October, prime ministerial candidate Justin Trudeau promised Canadians “a full and open public debate” on the Trans-Pacific Partnership. With 30 chapters that would bind Canada to sweeping agreements on everything from services to intellectual property to the environment to procurement, there is much to debate.


Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson Apr 2015

Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.