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Not in Modern Deals

The trend globally in recent years is to not include ICS in trade deals. Four major recent EU trade and investment agreements do NOT have an investor court system (ICS) or an investor-state dispute settlement (ISDS) mechanism. These four trade and investment agreements force foreign investors to be treated the same as domestic investors by making them use the normal courts of the land, the same as everyone else, if they feel their “legitimate expectation” to the right to make profit has been impinged on by government laws, regulations or licencing decisions. You’ll find further details on each deal in the EU-Britain, EU-China, the United States-Mexico-Canada trade agreements, as well as in the Regional Comprehensive Economic Partnership between the EU and 15 countries.