Welcome to the Overnight News Digest with a crew consisting of founder Magnifico, current leader Neon Vincent, regular editors side pocket, maggiejean, Chitown Kev, Doctor RJ, Magnifico, annetteboardman and Man Oh Man. Alumni editors include (but not limited to) wader, palantir, Patriot Daily News Clearinghouse, ek hornbeck, ScottyUrb, Interceptor7, BentLiberal, Oke and jlms qkw.
OND is a regular community feature on Daily Kos, consisting of news stories from around the world, sometimes coupled with a daily theme, original research or commentary. Editors of OND impart their own presentation styles and content choices, typically publishing each day near 12:00 AM Eastern Time.
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The Court that Rules the World
BuzzFeed News
Imagine a private, global super court that empowers corporations to bend countries to their will.
Say a nation tries to prosecute a corrupt CEO or ban dangerous pollution. Imagine that a company could turn to this super court and sue the whole country for daring to interfere with its profits, demanding hundreds of millions or even billions of dollars as retribution.
Imagine that this court is so powerful that nations often must heed its rulings as if they came from their own supreme courts, with no meaningful way to appeal. That it operates unconstrained by precedent or any significant public oversight, often keeping its proceedings and sometimes even its decisions secret. That the people who decide its cases are largely elite Western corporate attorneys who have a vested interest in expanding the court’s authority because they profit from it directly, arguing cases one day and then sitting in judgment another. That some of them half-jokingly refer to themselves as “The Club” or “The Mafia.”
And imagine that the penalties this court has imposed have been so crushing — and its decisions so unpredictable — that some nations dare not risk a trial, responding to the mere threat of a lawsuit by offering vast concessions, such as rolling back their own laws or even wiping away the punishments of convicted criminals.
This system is already in place, operating behind closed doors in office buildings and conference rooms in cities around the world. Known as investor-state dispute settlement, or ISDS, it is written into a vast network of treaties that govern international trade and investment, including NAFTA and the Trans-Pacific Partnership, which Congress must soon decide whether to ratify.