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Here's a proposed structure for Q.1, Scope:

Their general language simply defines "Investment", "Investor", and "Scope".

Scope
The provisions in this Treaty shall apply to investments made by investors of one Party in the territory of the other Party, in accordance with the applicable laws, whether made before or after the entry into force of this Treaty.

Point 1: not just the investment, but the investor must be, beyond reasonable doubt, respectful of "applicable laws";

Point 2: the "applicable laws" must be stated explicitly to include, beyond financial regulation, those on human rights, social rights, labour rights.

Conclusion: No investor with a record of corrupt practice, tax evasion, or violation of human and social rights, within the territories of the Parties or elsewhere, should be allowed to sue under an ISDS system.

by afew (afew(a in a circle)eurotrib_dot_com) on Sun Jul 6th, 2014 at 08:52:29 AM EST
How does that work legally and bureaucratically? Do you think of a company register? Isn't it better to talk about tribunals having to consider such possible grounds to dismiss a suit than a prohibition of making suits?

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Sun Jul 6th, 2014 at 10:23:19 AM EST
[ Parent ]
"... an investor's record of corrupt practice, tax avoidance, or violation of human and social rights, within the territories of the Parties or elsewhere, should be grounds for dismissal of a suit."

?

by afew (afew(a in a circle)eurotrib_dot_com) on Sun Jul 6th, 2014 at 10:52:44 AM EST
[ Parent ]

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