2 “Letter to Majority Leader McConnell, Minority Leader Reid, Speaker Boehner, Minority Leader Pelosi, and Ambassador Froman,” McGill University Faculty of Law, April 2015.
3 “Letter to President Trump,” Public Citizen, October 25, 2017.
4 Yves Dezalay and Bryant G. Garth, Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order (Chicago: University of Chicago Press, 1996).
5 Sergio Puig, “Social Capital in the Arbitration Market,” European Journal of International Law 25, no. 2 (May 2014): 387.
6 United Nations Conference on Trade and Development, World Investment Report 2015 (Geneva: United Nations, 2015), 121.
7 As in White Industries Australia v. India, in which a most favored nation clause was expansively interpreted to import dispute resolution commitments from India’s treaties with other nations to a context in which ISDS was not guaranteed. India’s 2015 “model” BIT therefore omits a most favored nation clause, in addition to imposing other restrictions upon its investment treaty obligations.
8 The Protection of Investment Act of 2015.