| I don't think you've read the investment chapter [1]. It isn't a 'secret court': * 9.23.1 Documents from the complainant are submitted and they should "make them available to the
public" * 9.23.2 "The tribunal shall conduct hearings open to the public" Of course there is a section (9.23.4) detailing that complainants can withold any 'protected information' so perhaps in practice the process will not be as transparent as proponents would have us believe. There is nothing about 'damages equal to their lost profits': * Awards (9.28.4) "the only damages that may be awarded are those that the claimant has proven were sustained in the attempt to make the investment, provided that the claimant also proves that the breach was
the proximate cause of those damages. If the tribunal determines such claims to be frivolous, the tribunal may award to the respondent reasonable costs and attorney's fees" I think there is much that's disagreeable about the TPP but detractors relying on falsehoods opens TPP opposition up to easy attacks relying on the fallacist's fallacy. [1] http://www.mfat.govt.nz/downloads/trade-agreement/transpacif... |