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EPA's Actions Put US Commitment to Rule of Law Under Scrutiny

The Hill
April 20, 2016

Don Wallace, Jr. co-authored the article, "EPA's Actions put US Commitment to Rule of Law Under Scrutiny," published by The Hill on April 20, 2016.

Despite the clear benefits that trade agreements such as NAFTA have delivered to the U.S. economy, the Trans-Pacific Partnership (TPP) is raising storms of concern around the country these days. 

At the forefront of these concerns is investor-state exposure — the right of foreign companies to bypass the American justice system to have their investment disputes with the United States resolved by international arbitration tribunals. Critics say the Investor State Dispute Settlement system undermines the right of the U.S. and other sovereign governments to manage their own affairs and exposes our country to massive financial penalties, which can include the expected future profits of foreign companies found to have been treated unfairly by U.S. authorities. Earlier this year, for example, Canadian pipeline builder TransCanada announced it would seek $15 billion in compensation because of the Obama administration’s decision to cancel the Keystone XL pipeline.

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