Corporate Law Intro

The debate about the trade agreement between the EU and the United States often focus on t. Pomegranate. Protection of investors or the proposed mechanism for settling disputes between the state and investor (known as Investor-StateDisputeSettlement, ISDS). The topic was written many many times we have commented that such mechanisms exist and now – practically fall of trade barriers in the past more than two decades often goes along with some protection of investors. Although the mechanism itself now remains controversial, it is noteworthy that in the propaganda campaign against the agreement (in practice against trade, investment, corporations and whatnot) steal those few and giving examples that are extremely manipulative presented. Here we look at as rhetoric, which does preclude an investor to seek rights and some of the most frequently gives examples of similar disputes between investors and states around the world that, once examined under a magnifying glass, present a very different picture from that of the new “Corporate slavery.”

Rhetoric about corporations

In the public space theme of disputes between investors and states are often presented as the highest form of injustice still a conceptual level – so how mere foreign companies will sue the state? Here, of course, lurks as purely anti-capitalist propaganda big bad corporations and opposition we (“our country”) against them (“foreigners who want to earn on our backs”). Putting the debate in this framework is quite manipulative. We should not forget that free countries are those in which the government is omnipotent. Just on the contrary, are free countries where both citizens and businesses can protect themselves against unjust acts of government / administration. We can not talk about freedom if you can not “argue” (in court) with the state. This is true whether we are talking about people or companies for residents or foreigners, etc. So the idea of ​​a foreign company to sue a country can not be bad in itself. Significantly, this is the normal practice throughout the developed world. Of course, that someone is looking for rights does not mean that his position is correct. To say that this is bad practice just because there is a possibility so and which your investor to judge this or that country is nonsense.