[djmdjm]

Not really, the Australian govt's ISDS case wins were largely because the tobacco companies were found to have little business standing to launch their cases from the (few) jurisdictions with who Australia has ISDS-ful treaties. The Phillip Morris case, launched from venue-shopped Hong Kong is an example - the arbitration tribunal refused to hear the case for this reason: https://www.theguardian.com/australia-news/2015/dec/18/austr...

The TPP would drastically increase the number of nations with reciprocal ISDS agreements. In particular it would have included the US, where many/most of the the tobacco companies are domiciled.

Why the TPP would probably have not included retrospectivity, it could have frustrated any future efforts.