An American company, Renco, sued Peru for US$800mil (RM2.6bil)
because its contract was not extended after the company’s operations had
caused massive environmental and health damage.
There are
several implications of the ISDS. Not conforming to TPPA rules can carry
a heavy penalty, since a government can be sued in an international
court and thus, that government will be constrained when formulating
future policies or implementing existing ones.
It is difficult
for a government to make new policies, as it cannot predict whether
certain policies it wishes to introduce or change is allowable, since it
is uncertain or unpredictable how a tribunal will view this, i.e. the
view of a particular tribunal can differ from that of another tribunal.
http://www.thestar.com.my/Opinion/Columnists/Global-Trends/Profile/Articles/2013/08/12/When-foreign-investors-sue.aspx
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