Achmea

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The Achmea case shows how a small country that, while part of a country, Czechoslovakia, that did/does not exist any more mistakenly signed a trade deal that was highly unfavorable to their ability to determine their own health care through voting. When the Czech and Slovak nations split, both countries inherited these bad deals between powerful and legally savvy Western European countries rushing to take advantage of the naivete of the Eastern Europeans in matters of trade, after communism fell. (this happened all throughout eastern Europe in a problem that was collectively called the IntraEUBITS. ) The case also spotlights the destruction of democracy by ISDS because after voting in a landslide for single payer in 2006 the country was immediately sued by a health insurer for the tort of "indirect exxpropriation" of "their property" (the policy space was treated like a piece of property) in an ISDS case. Notable for many reasons, particularly to me because in the end (Slovakia eventually won on a EU-specific technical issue) the EU high court did NOT touch what I consider to be the core issue, whether countries (in this case EU Member States) have the right to regulate, especially important in life and death issues like health care. The case could have decided that but did not, leaving that all important issue alone. In fact, if one looks at the later documents and the legal articles on it later on the health insurance versus single payer issue is almost never mentioned. Showing how out of touch the international law community in Europe is with the common peoples needs, among other things. Something like it could easily happen here - Look at what happened to South Africa and it's NHI, for example. South Africa voted for NHI a long time ago but it's voters wishes have been frustrated by GATS, and politicians have not been straightforward with the country about why, similar to the US, GATS has become a mother lode of politician dishonesty that will cause endless corruption and lock in as long as the country remains bound by it. In South Africa's case, GATS is also a binding but little known legacy of the apartheid regime that continues to frustrate the hopes of South Africans for change.