Thursday, November 19, 2015

"The whole theory (of ISDS) is to take the legal system and turn it into a stock market.”

5-19-2015    In the words of Juan Fernandez-Armesto, an arbitrator from Spain:

...."When I wake up at night and think about arbitration, it never ceases to amaze me that sovereign states have agreed to investment arbitration at all [...] Three private individuals are entrusted with the power to review, without any restriction or appeal procedure, all actions of the government, all decisions of the courts, and all laws and regulations emanating from parliament." (Source : Perry, Sebastian (2012) STOCKHOLM: Arbitrator and counsel: the double-hat syndrome, Global Arbitration Review, Volume 7 - Issue 2, 15 March,
http://www.globalarbitrationreview.com/journal/article/30399/stockholm-arbitrator-counsel-double-hat-syndrome [7-11-2012].

The mockery of justice grows even more blatant as one arbitrator jokes about where the next victim will come from. To quote Peter Snyder, CEO of New Media Strategies:

..."It's basically venture law these days. So you have investors coming in and trying to say 'Hey, who can we sue next? I'm gonna put up five million dollars and let's do some discovery and see where we go from there and really try to reap a windfall'."
(Source : http://www.instituteforlegalreform.com/media/video/how-the-practice-of-law-is-being-commercialized[26-04-2012].)

ISDS has become a major money-maker for corporate law firms and third-party speculators. In fact, third-party funding of these investment disputes under ISDS has become routine. To quote another 'legal arbitrator' :

...”The whole theory is to take the legal system and turn it into a stock market.”
(Source : Alden, William (2012) Looking to Make a Profit on Lawsuits, Firms Invest in Them, New York Times, 30 April.)   http://readersupportednews.org/pm-section/256-justice/30264-liquid-plutonium-destined-for-your-kids-cereal-courtesy-of-naftatppisds
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ISDS     https://www.washingtonpost.com/opinions/kill-the-dispute-settlement-language-in-the-trans-pacific-partnership/2015/02/25/ec7705a2-bd1e-11e4-b274-e5209a3bc9a9_story.html
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The idea of reducing the powers of democratically elected governments has been surreptitiously under planning for years. It goes as far back as the 1950’s when led by Deutsche Bank chairman Hermann Abs in collusion with other powerful bankers. They sought ways to reduce government intrusiveness into their affairs as well as boost profits but primarily to gain domination and safeguard corporate private interests. A secretive “international magna carta” was established as a blueprint and a stepping-stone to economic globalization. Global currency would be the next phase of a corporate supranational domination! To achieve such a mind-boggling ambition, it was necessary to weaken the powers of national governments. Ways and means were sought on how to manipulate parliaments and compel governments to legitimize corporate decisions in the interests of investors. In order for this fantasy to develop flesh and bones a legal framework was necessary before becoming a reality. Hermann Abs’ aspiration of globalization was introduced on the recognition that no governments would turn their backs on foreign investments. Under a secretive banking cartel — a cartel that now controlled the money supply and interest rates — a search for a scheme had been followed, one that would pose no risk to investors. Abs’ brainwave provided the perfect answer to their quandary. It was a win-win situation and very simple: economic colonization through a maze of international but complicated Trade Agreements protected by International Investments Courts. Far-fetched or not, records show that such deviousness in the banking industry does exist nevertheless.   http://greece.greekreporter.com/2015/11/10/ttip-globalization/#sthash.vvnlrFFS.dpuf
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South Africa has stated it will withdraw from treaties with ISDS clauses, and India is also considering such a position. Indonesia plans to let treaties with ISDS clauses lapse when they need renewal. Brazil has refused any treaty with ISDS clauses.[24]

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