As a candidate, now-President Joe Biden committed to excluding ISDS from any commercial agreement he negotiated if elected. WallachLori and DanielRangelJ of RethinkTrade urge President Biden to be more ambitious.
to excluding ISDS from any commercial agreement he negotiated if elected. We urge President Biden to be more ambitious., a forum Biden launched at the June 2022 Summit of the Americas. The United States should use the APEP process to partner with its neighbors to free the hemisphere of ISDS.
With U.S. leadership, APEP could provide the participating countries Barbados, Canada, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Mexico, Panama, Peru, Uruguay, and the United States a path to liberty from ISDS. All but two of these countries have an agreement in force with the United States that includes ISDS. Plus, many have additional investment agreements with ISDS in effect between them. This thicket of deals exposes the countries to multimillion-dollar corporate attacks on public interest policies for a just energy transition and the creation of resilient public health systems that are in the interest of all people in the hemisphere.
A U.S.-led ISDS exit via APEP would be a true win-win. The U.S. acting in cooperation with its allies would achieve an outcome beneficial to all and strengthen its ties in the hemisphere in doing so. It would be extremely difficult for Biden officials to find a similar opportunity in any other trade negotiation.
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