Does JASTA Enhance National Security?
The Administration’s argument against the Justice Against Sponsors of Terrorism Act (JASTA) is that it puts our relations with nations such as Saudi Arabia in jeopardy, and so also jeopardizes […]
December 2016
Investor – State Dispute Settlement – based Trade Agreements: The Problem of Federalism
Investor – State Dispute Settlement (ISDS) – based agreements create a critical and ongoing problem for US Federalism. The Tenth Amendment of the US Constitution says: The powers not delegated […]
The US Should Never Conclude Trade Agreements That Don’t Support and Defend the Constitution
Existing and proposed trade agreements with Investor – State Dispute Settlement (ISDS) provisions fail to support and defend the Constitution, and even subvert it. Here is a partial list of likely […]
Investor – State Dispute Settlement and the Oath of Office
The oath of office for Congress says: “I . . . solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, […]
Why Did The White House include Investor – State Dispute Settlement in Its New Trade Agreements?
Well, after years of negotiation, secrecy, and, more recently, struggle in Congress to pass the Trade Promotion Authority (TPA) “fast-track” bill, followed by another year or more of negotiations to […]
Investor – State Dispute Settlement: A Terrible Instrument for Public Purpose
The Trans-Pacific Partnership (TPP) is now dead in the lame duck, and with Donald Trump’s victory, most probably for good. But, there are remaining issues arising from the Investor-State Dispute […]