is it time to say farewell to the isds system?; comment on “the trans-pacific partnership: is it everything we feared for health?”

Investorstate dispute settlement (isds) continues to plague healthoriented government regulation. this is particularly reflected in recent challenges to tobacco control measures through bilateral investment agreements. there are numerous reform proposals circulating within the public health community. however, i suggest that perhaps it is time for the community to explore a stronger position on isds. i draw from mounting evidence on the problematic uses of the isds to explore the proposition that isds is no longer justified. i tackle the normative question of shouldthe isds system persist and point out that the isds system is not justifiable from a development perspective and because of its nefarious use, is of no added value to a system that could rely on domestic courts.