No. I think that's an excellent question.
The difference between arbitration and investor-state litigation is this. In an arbitration, there's a contract. There are two parties to a contract. It's a reciprocal arrangement. They both have obligations under the contract and they can decide if they would rather resolve their disputes before an arbitral tribunal, as happens under collective agreements, rather than before the courts. In the case of NAFTA, there is no contract and there is no reciprocity. Private investors who have been given the right to enforce this regime have no obligations under it. It's a completely asymmetrical arrangement. It's a non-reciprocal arrangement.
International treaties are agreements among nations. If there is a breach of those treaties, the nations are entitled to enforce them, and that's true under NAFTA. There is no reasonable basis for giving private parties, who have no obligations under those treaties, those enforcement rights. There's no contract. There's no privity of contract. There's no reciprocity.
That's what distinguishes investor-state litigation from arbitration, which, I agree with you, has a very important role to play in sorting out commercial and other disputes.