Shadow Courts: The Tribunals that Rule Global Trade Paperback – September 6, 2016

Anyone thinking of having an opinion on the TPP or NAFTA should read and re-read this book, masterfully written by Haley Sweetland Edwards who has a knack for placing an obscure topic into human context. Edwards tells fascinating stories about the people who shape global trade, illustrating the many ways Investor-State Dispute Settlement clauses reshape the balance of power worldwide.Lest anyone think this is just a book for policy obsessives, anyone with an appreciation for great writing will come away smiling. Edwards writes with wit and manages to present the material without bludgeoning the reader with opinion. A close reader will find clever turns of phrase and even a feeling of suspense. Great journalism lives!In "Shadow Courts," Edwards makes global trade policy riveting. Her cogent clear writing gives a clear understanding of a difficult topic. I strongly recommend it.

International trade is emerging as a hot button issue in American politics, and this book is a reminder of exactly why it should be. Sweetland Edwards takes a institution that has been made intentionally shifty and opaque and lays it open in a clear and genuinely engaging way. Furthermore, she demonstrates how the implications of these Shadow Courts that govern international trade reverberate throughout our political and economic landscape. Learning the nuances and quiet power of these courts is more than a bit shocking, and definitely though provoking, but this is no conspiracy theory... it's a gut-check for policy wonks and everyday voters alike. Reading this reminded me of how important and challenging it is to be in informed citizen in our increasingly complex global community.

Investor-state dispute settlements (ISDS) are a clause routinely inserted into bilateral investment treaties and free trade agreements worldwide. They allow foreign companies to sue host countries, and risk nothing but their arbitration costs. Countries are not allowed to sue the companies and there is no appeal provision. Doesn’t matter what the country’s constitution or judicial system might say. This supra-national court system has been made the highest court in the world, and hardly anyone even knows about it. What is terribly wrong is that companies get to sue not just for contract damages, but for all the profits they were ever anticipating. Who would ever agree to such a treaty? Everyone.The country Canada had to pay millions to an American company that expected to make huge profits forever from a toxic chemical that Canada banned. Canada paid and unbanned it, to prevent further financial damage. Health issues for Canadians would have to wait. Philip Morris is suing Uruguay for legislating against cigarettes. Little Uruguay is on the hook for billions.Not only do long term contracts put foreign firms above sovereign law, but even short term contracts that are not renewed can cause governments to cough up millions. All the company has to say is that it expected the contracts to be renewed. Because they weren’t, the company lost profits going forward.It costs governments an average $4.5 million to defend each case, and there are hundreds every year, mostly in developing countries that can’t afford either the cost or the legal talent. If the country is sued, it looks bad on the country. If it loses, it’s bad for the taxpayers. If it wins, it still costs. ISDS restrains countries from passing beneficial legislation or making needed changes. These treaties usurp sovereign rights in favor of foreign corporations.But all is not lost for domestic corporations either. This whole ISDS situation reminds me of an American legal tool called SLAPP (see my review of Blocking Public Participation: The Use of Strategic Litigation to Silence Political Expression) . If strikers or protestors prevent (for example) trucks from entering a plant or rolling down a street, the company can sue say, a Greenpeace or a local neighborhood association for lost future profits. Nothing can stop a march like a billion dollar lawsuit.It is way past time for the pendulum to start its return trip. Haley Sweetland Edwards says it is starting to, as more countries renounce their treaties, and even lawyers are beginning to say this is just not right. Edwards has provided a valuable service explaining just precisely why activists are rightly upset by all the so-called free trade deals mindlessly signing away taxpayer access to justice. Shadow Courts just should not be.David Wineberg

This is a fascinating topic, and one which I didn't even know existed prior to reading this book. I found the writing to be clear & journalistic in style, and it made for an easy read. My only complaint is that the book is too short--I'd really like to learn more about these international tribunals. What's their current status--it seems that they have been challenged in many countries?

A masterpiece of a subject unknown to most. Ms. Edwards could have written this in a dry, academic style. But instead, after, as they say in the movies, an "establishing shot", (in this case a scene setting introduction,) the story unfolds in a suspenseful manner. The reporting, writing, research and documentation are first class,AAAA at the top. This girl is headed for the big leagues or maybe she is there already?

Trade is the flash issue of the 2016 election and no book better explains the perils of the trade deals pending before congress than Edwards' "Shadow Courts." Reading about trade issues, particularly ISDS, is usually about as interesting as watching paint dry but Edwards weaves fascinating anecdotes with impressive data to create the most digestible book on trade ever. High recommend!!!

With international trade agreements emerging as a hot-button issue on the campaign trail, investor state dispute settlements (ISDS) are rapidly emerging from the shadows as perhaps the most critical yet poorly-understood sticking point in such agreements. For anyone looking for a well-researched deep dive on these tribunals, this book provides an excellent overview with balanced, insightful analysis. Highly recommended!

Eye opening. An easy read, a compelling case. ISDSs are time bombs, completely unknown by the public (I knew nothing), Captivating. Buy it. Seriously, you won't be sorry to learn about this.

if you are a lawyer, don't bother buying this book - it's more like an extended article about monstrous corporations and conspiracy of some private dirty actors instead of noble state judges'. very little knowledge and too much of opinion about one aspect of the whole story.

In the UK, there are Shadow Ministers. In the UK, there are Ministers without Portfolio. In certain parts of the world, in certain places, some people carry out Silent Auctions. It is no surprise, then, that there would be Shadow Courts concerning Global Trade