A provision in recent international trade agreements, known as Investor-State Dispute Settlement (ISDS), would allow corporations to challenge countries’ environmental, health, and safety regulations that allegedly cause a loss in profits.
These challenges are heard before a private tribunal of attorneys—not a judge and jury—and there is no meaningful appeal. In recent years, corporations have filed hundreds of cases over plain packaging rules for cigarettes, toxics bans, natural resource policies, health and safety measures, and denials of permits for toxic waste dumps, among other issues.
AFJ is a leader in bringing attention to ISDS, and in urging Congress and the president to keep these provisions out of trade agreements.
- Press release: More than 100 legal scholars call on Congress, administration to protect democracy and sovereignty in U.S. trade deals
- Letter from more than 100 law professors in opposition to ISDS
- Press release: House should step in where Senate failed and pass anti-ISDS amendment
- Letter from leading lawyers and scholars in opposition to ISDS
- Press release: Leading scholars, former judges sign letter opposing Investor-State Dispute Settlement
- AFJ President Nan Aron’s op ed in The Hill