Against an International Investment Court

The Proposed Investor-State Dispute Settlement (ISDS) Mechanism: U.S. Should Oppose EU Demand to Abandon It, with James Roberts and Riddhi Dasgupta, Heritage Foundation Issue Brief #4432, July 14, 2015. "One of the most important components of the proposed Transatlantic Trade and Investment Partnership (TTIP) between the United States and the European Union is the establishment of a mechanism for investor-state dispute settlement (ISDS). An appropriately structured ISDS is an essential part of trade agreement enforcement and should be included in any comprehensive U.S. trade agreement with the EU. The EU’s proposal, backed by a vote of the European Parliament on July 8—that the TTIP should establish a permanent investment court, not an ISDS mechanism—is a bad solution in search of a non-existent problem. ISDS mechanisms work well to secure basic legal protections for a signatory state’s nationals abroad. The U.S. should firmly reject the EU’s proposal and insist that TTIP establish an ISDS."