I think it's important to keep in mind that one of the drivers is Wall Street. These litigation efforts are being shopped to outside investors who will shoulder the expenses for a share in the outcome. This means that corporations with little chance of success will be more willing to sue if they don't have to bear the costs. These investments can be securitized, just as toxic mortgages were which goes a long way in explaining why Wall Street is interested and why the ruling class will do anything to pass these so-called 'trade' agreements with the same fundamentals.
As I noted in a reply to another post, letting the common people or even governments intervene is not a solution. That would do nothing to change these fundamentals but may well provide cover for these agreements and make them more likely to pass.