[…] the appropriateness of the measures taken by the importing Party may be indirectly subject to the investor-state dispute settlement (ISDS) procedures of the TPPA, with a tribunal deciding what is ‘appropriate’. Given the lack of clarity on what constitutes an LLP [‘low level presence’] occurence and what measures are ‘appropriate’ to address it, the possibility of losing and paying potentially huge monetary sums could act as a ‘chill factor’ for any country, including Malaysia, to not take the necessary and appropriate action to protect health and environment when faced with such a situation.
Leonardo Losoviz
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