Transnational Capital and the Transformation of the State: Investor-State Dispute Settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP)

Abstract

The fate of the Transatlantic Trade and Investment Partnership (TTIP), currently under negotiation, has been called into question. At issue is the inclusion of the investor-state dispute settlement (ISDS) mechanism that has been included in the NAFTA, CAFTA, and many bilateral agreements. Authorizing corporations and investors to bring disputes directly against governments for adopting regulations negatively impacting market share or future profitability, this mechanism has generated significant opposition, particularly in Europe. This paper probes the factors driving the struggle over this political project. Revealing the mechanisms operating to secure the inclusion of ISDS in the TTIP, these findings contribute to the interdisciplinary debates that have emerged around the rise of a transnational capital class and the transformation of the state. These developments have significant normative implications, the analysis of which contributes to a critical tradition that seeks to uncover processes that have been naturalized and reveal strategies for political contestation.