And this too is salient, since so many references to international agreements in general and ISDS in particular imply, or assert, that U.S sovereignty or autonomy is 'at stake'.

You know, the 'Boogeyman Conspiracy'.

Quote:

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Though the U.S. government regularly loses cases in domestic court, we have never once lost an ISDS case and, in a number of instances, panels have awarded the United States attorneys’ fees after the United States successfully defended frivolous or otherwise non-meritorious claims. The U.S. federal government defends challenges to U.S. state or local government measures in ISDS disputes.

According to the most recent UNCTAD data, only a quarter of concluded ISDS cases worldwide have been decided in favor of investors. When investors win, the damages they are typically awarded are substantially less than the value they have claimed. Because of high arbitration costs, the low winning percentage, the potential for future retaliation against the investor by the government being sued, ISDS is typically a recourse of last resort.

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