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ISDS has already been used in this fashion by cigarette companies suing over advertising rules in Australia [1]. The tobacco firm lost and had to pay costs. As
by jpollock 4y ago
ISDS has already been used in this fashion by cigarette companies suing over advertising rules in Australia [1]. The tobacco firm lost and had to pay costs.
As far as I've read, these things are specified in trade treaties, and are intended to pull disagreements out of local courts. Otherwise, everyone will end up in US courts, and everyone other than the US doesn't want that.
The rules are typically "equivalent treatment". If you put in a new law, it must apply to both foreign and domestic firms. None of the "doesn't apply to companies with theme parks" carve outs.
It looks like the Energy Charter Treaty states that states can't seize assets without compensation. This is important because.... [2] [3] [4]
Non-signatories have a bad habit of seizing and nationalizing oil companies.
Increasing royalty rates to make extraction uneconomic? Maybe? Setting a carbon tax on all CO2 extracted and/or consumed in country? Maybe?
France, has some oil companies of their own, they want to be part of the treaty. If they really wanted to just prevent extraction, they could leave the treaty. However, I would expect TotalEnergies to run into problems?
[1] https://www.bbc.com/news/world-australia-40552304 https://www.bbc.com/news/world-australia-40552304
[2] https://www.latimes.com/archives/la-xpm-2006-may-17-fi-oxy17-story.html https://www.latimes.com/archives/la-xpm-2006-may-17-fi-oxy17...
[3] https://www.reuters.com/article/venezuela-oil/update-4-venezuelas-chavez-seizes-oil-service-companies-idUSN0848530820090508 https://www.reuters.com/article/venezuela-oil/update-4-venez...
[4] https://www.washingtonpost.com/archive/politics/2006/05/02/bolivian-president-seizes-gas-industry-span-classbankheadtroops-deployed-in-move-to-block-foreign-influencespan/504493f8-664b-4230-ba07-147048d29923/ https://www.washingtonpost.com/archive/politics/2006/05/02/b...
- hulitu 4y ago> Otherwise, everyone will end up in US courts, and everyone other than the US doesn't want that. Why not ? When the capital city is Washington and US president tells you what to do, why not play ball ?
- feet 4y agoBecause the US is captured by those with capitol and the system works to shit on everyone else thanks to the money lobbying efforts. As it turns out, most people don't actually like oligopolies