George Monbiot writes:
Today, foreign corporations, or the oligarchs who own them, can sue governments for the laws they pass, at offshore tribunals composed of corporate lawyers. The cases are held in secret. Unlike our courts, these tribunals allow no right of appeal or judicial review. You or I cannot take a case to them, nor can our government, or even businesses based in this country. They are open only to corporations based overseas. If a tribunal determines that a law or policy may compromise the corporation’s projected profits, it can award damages of hundreds of millions, even billions. These sums represent not actual losses, but money the arbitrators decide the company might otherwise have made. The government may have to abandon its policy. It will be discouraged from passing future laws along the same lines, for fear of being sued. Record numbers of cases are being brought, as corporations learn from each other, and hedge funds finance suits in return for a share of the takings. The result? Sovereignty and democracy are becoming unaffordable. The process is known as “investor-state dispute settlement” (ISDS). Hello, foreign oligarchs and corporations! Please come and sue the UK for billions, George Monbiot, 'The Guardian', 1 December 2025
Most of us are unaware of ISDS, and I wonder whether even our politicians know about it and its implications. Maybe they do know, but don't care. Maybe they would care if they knew but, as with most people, are prone to the learned helplessness and demoralisation that afflicts those faced with incomprehensible processes. Perhaps ISDS and similar stratagems are purposely made incomprehensible for that reason. Complexity can be used cynically to deter scrutiny and deflect blame.
Social Policy Bonds have two essential elements. Injecting market forces into the achievement of our social and environmental goals is one. But perhaps even more important is that the bonds express policy in terms of meaningful, explicit, verifiable outcomes. The ISDS is allowed to override domestic law and the decisions made by parliaments because it has been 'written – without public consent, and often in conditions of extreme secrecy – into trade treaties.' Under a bond regime, people would have incentives to see whether such treaties conform with society's goals, and to veto them if, like the ISDS, they obviously don't. Under the current regime, the only people who understand and participate in the drafting of these treaties are those who are paid to follow the process. Whether the treaties are consistent with society's goals or not has nothing to do with how they are renumerated.
Expressing policy in terms of outcomes that are meaningful to ordinary people would encourage greater public participation in the policymaking process: an end in itself, as well as a likely means to more effective policies. Currently, policy debates focus on institutional structures and funding arrangements; the people who make policy are often chosen on the basis of the campaigning skills of their sponsors; and the policies themselves have only vague ostensible goals, and real goals that can be easily obscured by their tedium and complexity of policymaking process. The gap between politicians, officials and the wealthy on one side; and ordinary people on the other, grows ever wider.