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It is possible to insert language which commits signatories to draft appropriate national legislation to criminalize such behaviour and give citizen standing to sue in national courts.

And then give citizen standing to sue in the ISDS system if such laws are not promulgated in an expedient manner.

But for it to be a credible deterrent, you would further need a rule stipulating that a person or organization involved in such a dispute carries the whole legal cost if it is more than ten times as large (in terms of turnover) as its opponent. So you can't just outspend the other guy on lawyers. (Exceptions should perhaps be carved out for obviously baseless cases, but on the other hand any exception is a potential loophole.)

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Fri Jul 4th, 2014 at 02:02:07 PM EST
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