Apologise, but: Turkey And Its Judicial Procedures
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Imagine a private, global super court that empowers corporations to bend countries to their will.
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Say a nation tries to prosecute a corrupt CEO or ban dangerous pollution. Imagine that a company could turn to this super court and sue the whole country for daring to interfere with its profits, demanding hundreds of millions or even billions of dollars as retribution.
Imagine that this court is so powerful that nations often must heed its rulings as if they came from their own supreme courts, with no meaningful way to appeal. That it operates unconstrained by precedent or any significant public oversight, often keeping its proceedings and sometimes even its decisions secret. That some of them half-jokingly refer to themselves as "The Club" or "The Mafia. And imagine that the penalties this court has imposed have been so crushing — and its decisions so unpredictable — that some nations dare not Turkey And Its Judicial Procedures a trial, responding to the mere threat of a lawsuit by offering Judicil concessions, such as rolling back their own laws or even wiping away the punishments of convicted criminals.
This system is already in place, operating behind closed doors in office buildings and conference rooms in cities around the world.
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Known as investor-state dispute settlement, or ISDS, it is written into a vast network of treaties that govern international trade and investment, Judivial NAFTA and the Trans-Pacific Partnership, which Congress must soon decide whether to ratify. These trade pacts have become a flashpoint in the US presidential campaign. But an month BuzzFeed News investigation, spanning three continents and involving more than interviews and tens of thousands of documents, many of them previously confidential, has exposed an obscure but immensely Turkey And Its Judicial Procedures feature of these trade treaties, the secret operations of these tribunals, and the ways that business has co-opted them to bring sovereign nations to here.
In coming days, it will show how the mere threat of an ISDS case can intimidate a nation into gutting its own laws, how some financial firms have transformed what was intended to be a system of justice into an engine of profit, and how America is surprisingly vulnerable to suits from foreign companies. The series starts today with perhaps the least known and most jarring revelation: Companies and executives accused or even convicted of crimes have escaped punishment Proceduress turning to this special forum.
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A Dubai real estate mogul and former business partner of Donald Trump was sentenced to prison for collaborating on a deal that would swindle the Egyptian people out of millions of dollars — but then he turned to ISDS Procedurs got his prison sentence wiped away. In El Salvador, a court found that a factory had poisoned a village — including dozens of children — with lead, failing for years to take government-ordered steps to prevent the toxic metal from seeping out.
Donald Trump and Hillary Clinton oppose the overall treaty, but they have focused mainly on what they say would be the loss of American jobs. Elizabeth Warren has lambasted it. Last year, members of both houses of Congress tried to keep it out of the Pacific trade deal.
They failed. ISDS is Anx binding arbitration on a global scale, designed to settle disputes between countries and foreign companies that do business within their borders. Different treaties can mandate slightly different rules, but the system is broadly the same. When companies sue, their cases are usually heard in front of a tribunal of three arbitrators, often private attorneys.]
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