justoffal
Diamond Member
- Jun 29, 2013
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USMCA strikes a welcome blow against investor-state dispute settlement - Behind the Numbers
ISDS has (mostly) disappeared
Under the USMCA, ISDS will be eliminated between Canada and the U.S., and scaled back between Mexico and the U.S. This is an incredible achievement. NAFTA’s ISDS mechanism, embedded in NAFTA Chapter 11, allowed investors to bypass the domestic courts and sue governments before private international tribunals when public policy choices, laws or regulations allegedly harmed their investments. Of the three NAFTA countries, Canada has been the most sued, with U.S. investors frequently targeting federal and provincial environmental regulations.
Foreign investors must also first try to resolve the disputes through the domestic courts—Mexican courts in the case of U.S. investors in that country, and U.S. courts for Mexican investors in that country. Crucially, USMCA will deny foreign investors the right to invoke much-abused provisions—in NAFTA and now thousands of other bilateral investment treaties—on minimum standards of treatment, indirect expropriation, and for planned, but not yet established, investments. From a public policy perspective, this is a vast improvement over the NAFTA status quo.Capitalism is more of a philosophy thanYeah....too bad we need it but we do need it....aside from facilitating commerce and economic growth however the reserve also has too much power for a non elected body....and they use it to benefit the elite.
JO
Argue we need it. That's fine with me but don't argue it's Capitalism.
As presented it's a theory we do not practice.
It would be quite impossible to practice it in purity.....it is anathema to the human ambience. People need things like food, shelter and general peace and security.....however having said that it is also impossible to practice any of the other major schools in purity....a mix is required begging the question as to whether or not there is an actual school that works that is unmanned.
I've long argued for a mix. I've long argued we have a mix. I argue it's tilted too far one way but that doesn't change the earlier points.
Ultimately it is not a human problem...it is a mechanical one. This shocks most people but even in the realm of choice there is limit and in the limit there is direction....cold, unfeeling and unyielding reality that doesn't care if anyone believes it or not.
JO