The courts DID decide, all the way up to the Supreme Court. She didnt like that answer so chose to go over their heads using international investor state arbitration. The experts in the article seem to imply she doesnt have a leg to stand on but its disturbing such a thing is even available to help the rich escalate past the highest judiciary in the land and affect domestic policy even if only with simply the threat of proceedings and the massive losses of economic and political capital that could entail