Turning the Tide: How to Harness the Americas Partnership for Economic Prosperity to Deliver an ISDS-Free Americas

58 Pages Posted: 30 Nov 2023

See all articles by Daniel Rangel

Daniel Rangel

Rethink Trade

Lori Wallach

Rethink Trade

Ladan Mehranvar

Columbia University - Columbia Center on Sustainable Investment

Alvaro Santos

Georgetown University Law Center

Mario R. Osorio Hernandez

Georgetown University Law Center

Date Written: October 2023

Abstract

During the Summit of the Americas in June 2022, U.S. President Joe Biden announced the launch of negotiations for an Americas Partnership for Economic Prosperity (APEP). The Biden administration hopes this initiative can rebuild relationships with countries in the region by increasing cooperation to address economic development and inequality, climate, and other challenges affecting the entire Western Hemisphere. To fulfill this vision and its associated goals, the participating countries must address the severe challenges posed by the investor-state dispute settlement (ISDS) regime and its escalating threats to the transition to a post-carbon society and the establishment of resilient public health systems in the Americas. In this white paper, Turning the Tide: How to Harness the Americas Partnership for Economic Prosperity to Deliver an ISDS-Free Americas, we explain how the APEP negotiating process can be leveraged to dismantle ISDS within the region. It includes original data describing the scope of the problem and provides pathways to address both the international and U.S. domestic law requirements for an effective ISDS exit.

CCSI, partnered with ReThink Trade, and Georgetown Law’s Center for the Advancement of the Rule of Law in the Americas, and the Center on Inclusive Trade and Development, and together with Senator Elizabeth Warren and Nobel Laureate Joseph Stiglitz, hosted a webinar on the occasion of the release of the report.

Keywords: Americas Partnership for Economic Prosperity, ISDS, post-carbon society, ISDS exit, trade

Suggested Citation

Rangel, Daniel and Wallach, Lori and Mehranvar, Ladan and Santos, Alvaro and Osorio Hernandez, Mario R., Turning the Tide: How to Harness the Americas Partnership for Economic Prosperity to Deliver an ISDS-Free Americas (October 2023). Available at SSRN: https://ssrn.com/abstract=4617293 or http://dx.doi.org/10.2139/ssrn.4617293

Daniel Rangel

Rethink Trade ( email )

Lori Wallach

Rethink Trade ( email )

Ladan Mehranvar (Contact Author)

Columbia University - Columbia Center on Sustainable Investment ( email )

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States

Alvaro Santos

Georgetown University Law Center ( email )

600 New Jersey Av. NW
Washington, DC 20001
United States
202-662-9542 (Phone)

HOME PAGE: http://www.law.georgetown.edu/faculty/santos-alvaro.cfm

Mario R. Osorio Hernandez

Georgetown University Law Center

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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