Extract from “The Corporation Behind Keystone XL Just Laid Bare the TPP’s Threats to Our Climate”

While a judge in a U.S. court might toss out such a desperate argument, TransCanada is not taking its case to a court, but to a trade tribunal not accountable to any domestic legal system. Instead of a judge, three private lawyers will issue a binding ruling that cannot be appealed. Neither NAFTA nor the TPP has meaningful rules requiring these lawyers to be impartial. Indeed, under existing trade and investment deals, many such tribunal lawyers actually rotate between acting as tribunal “judges” and representing corporations in cases against governments.

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