I think the reality is that it doesn't work. One famous case in NAFTA was a case involving Loewen, a funeral home. It's one of the golden oldies you can read about. Many people published it. It's a case in which the Canadian investor—well, we thought—was treated very poorly in an American courts system. What's the remedy for that? In the end, he didn't get what he wanted from ISDS, but I wonder where else that person could have gone.
On the reverse side, in Canada when you have some of these decisions in which municipalities or provinces act arbitrarily, I have to say, as I cited before the work of Professor Armand de Mestral, it's not clear to me that under Canadian law any such investor has a remedy in those kinds of cases. That's, to me, why. Those are the paradigmatic cases in which ISDS can be useful.