The reason why ISDS provisions are even discussed is that governments have become so overreaching in regulating economic activity that business owners today hav

The reason why ISDS provisions are even discussed is that governments have become so overreaching in regulating economic activity that business owners today have the very real fear that they'll be put out of business because a government passes a law that will (sometimes even retroactively) force them to make gigantic payments. ISDS provisions are in that sense a solution for a world where we expect that government power over the economy will likely increase even more in the future. The solution that I prefer is to shrink government so it can't interfere anymore to a degree that turns good and successful investments retroactively into bad investments that cause investors to lose a lot of money and time.