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Shadow Courts: The Tribunals that Rule Global Trade Paperback – September 6, 2016

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Haley Sweetland Edwards (Author)
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4.9 out of 5 stars 12 customer reviews
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Product Details

  • Paperback: 142 pages
  • Publisher: Columbia Global Reports (September 6, 2016)
  • Language: English
  • ISBN-10: 099712640X
  • ISBN-13: 978-0997126402
  • Product Dimensions: 4.9 x 0.4 x 7.4 inches
  • Shipping Weight: 7.2 ounces (View shipping rates and policies)
  • Average Customer Review: 4.9 out of 5 stars  See all reviews (12 customer reviews)
  • Amazon Best Sellers Rank: #49,222 in Books (See Top 100 in Books)

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Top Customer Reviews

4.0 out of 5 starsMaking a contract dispute into an international treaty dispute - for fun and profit
By David Wineberg TOP 1000 REVIEWER on September 1, 2016
Format: Paperback
Investor-state dispute settlements (ISDS) are a clause routinely inserted into bilateral investment treaties and free trade agreements worldwide. They allow foreign companies to sue host countries, and risk nothing but their arbitration costs. Countries are not allowed to sue the companies and there is no appeal provision. Doesn’t matter what the country’s constitution or judicial system might say. This supra-national court system has been made the highest court in the world, and hardly anyone even knows about it. What is terribly wrong is that companies get to sue not just for contract damages, but for all the profits they were ever anticipating. Who would ever agree to such a treaty? Everyone.

The country Canada had to pay millions to an American company that expected to make huge profits forever from a toxic chemical that Canada banned. Canada paid and unbanned it, to prevent further financial damage. Health issues for Canadians would have to wait. Philip Morris is suing Uruguay for legislating against cigarettes. Little Uruguay is on the hook for billions.

Not only do long term contracts put foreign firms above sovereign law, but even short term contracts that are not renewed can cause governments to cough up millions. All the company has to say is that it expected the contracts to be renewed. Because they weren’t, the company lost profits going forward.

It costs governments an average $4.5 million to defend each case, and there are hundreds every year, mostly in developing countries that can’t afford either the cost or the legal talent. If the country is sued, it looks bad on the country. If it loses, it’s bad for the taxpayers. If it wins, it still costs. ISDS restrains countries from passing beneficial legislation or making needed changes.Read more ›
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5.0 out of 5 starsA masterpiece of a subject unknown to most. Ms ...
By Brent Pellegrini on September 23, 2016
Format: Paperback Verified Purchase
A masterpiece of a subject unknown to most. Ms. Edwards could have written this in a dry, academic style. But instead, after, as they say in the movies, an "establishing shot", (in this case a scene setting introduction,) the story unfolds in a suspenseful manner. The reporting, writing, research and documentation are first class,AAAA at the top. This girl is headed for the big leagues or maybe she is there already?
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5.0 out of 5 starsFascinating & educational short book about a little-known topic
By climberevan on October 28, 2016
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This is a fascinating topic, and one which I didn't even know existed prior to reading this book. I found the writing to be clear & journalistic in style, and it made for an easy read. My only complaint is that the book is too short--I'd really like to learn more about these international tribunals. What's their current status--it seems that they have been challenged in many countries?
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5.0 out of 5 stars... flash issue of the 2016 election and no book better explains the perils of the trade deals pending before ...
By Jay Newton-Small on October 6, 2016
Format: Paperback Verified Purchase
Trade is the flash issue of the 2016 election and no book better explains the perils of the trade deals pending before congress than Edwards' "Shadow Courts." Reading about trade issues, particularly ISDS, is usually about as interesting as watching paint dry but Edwards weaves fascinating anecdotes with impressive data to create the most digestible book on trade ever. High recommend!!!
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5.0 out of 5 starsBrilliant investigating, important topic
By mttgrmm on September 6, 2016
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Very important topic that needs to be brought out of the shadows! These tribunals are critical to international trade disputes, yet very few people have even heard of them. Brilliant reporting and digging to bring these tribunals into the light!
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5.0 out of 5 starsInteresting
By Autamme_dot_com on October 11, 2016
Format: Paperback
To the uninitiated the contents of this book may come as a bit of a shock, namely that global trade is being ruled upon by tribunals that get relatively little oversight. As global trade agreements become ever-increasingly complex they tend to have a safeguard added, seemingly to protect the financial interests of global corporations against the governments of sovereign states – something called an Investor-State Dispute Settlement (ISDS).

The author lifts the lid on this form of resolution and highlights how companies use it to challenge a country’s policies and regulations on the grounds that it is “unfair” or could impact on future profits. Things may get even worse should TTIP be implemented in the European Union. Increasingly companies are using ISDS to try and get their own way. One country – Argentina – has already had 54 ISDS actions brought against it. The author concludes that there is an attempt to shift the global balance of power through ISDS and things may only get worse.

Three people, yes three people who sit on the ISDS tribunal can decide, for example, that a U.S. Supreme Court decision violates an agreement and rule that U.S. taxpayers pay compensation. A country may decide to ban a certain product on safety or policy grounds, yet a foreign company can decide it wants to sell its products regardless and thus take action and either get the law changed or be compensated by the country who could be stopping it.Read more ›
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Most Recent Customer Reviews

5.0 out of 5 starsGreat trade treaty analysis.

I thought it was an excellent book on a trade topic that is currently in the news that no one has explaned. Read more

Published 22 days ago by Jane
5.0 out of 5 starsVital Reading, Fast-Paced Fun

Indispensable reading for anyone who hopes to understand the current state—and, more importantly, future direction—of international business, and of national governance, for that... Read more

Published 1 month ago by D. Nicks
5.0 out of 5 starsTimely, engaging and eye-opening

International trade is emerging as a hot button issue in American politics, and this book is a reminder of exactly why it should be. Read more

Published 1 month ago by Amazon Customer
5.0 out of 5 starsBalanced, insightful take on a pressing issue

With international trade agreements emerging as a hot-button issue on the campaign trail, investor state dispute settlements (ISDS) are rapidly emerging from the shadows as perhaps... Read more

Published 1 month ago by Eric Sundstrom
5.0 out of 5 starsGreat Journalism Lives!

Anyone thinking of having an opinion on the TPP or NAFTA should read and re-read this book, masterfully written by Haley Sweetland Edwards who has a knack for placing an obscure... Read more

Published 1 month ago by nathan henry laver
5.0 out of 5 starsDon't overlook this insightful read.

This is an eye-opening read that will challenge your existing understanding and assumptions about international trade laws. I found it totally eye-opening & well-written. Read more

Published 1 month ago by Allison Stark

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