North America

Canada and the United States have signed over 170 international investment agreements. The largest of these include the North American Free Trade Agreement (NAFTA) with Mexico and the Trans-Pacific Partnership (TPP) with ten other Pacific Rim states, currently in the process of being ratified.

The US is also party to the Dominican Republic–Central America Free Trade Agreement (CAFTA) and is negotiating the Transatlantic Trade and Investment Partnership (TTIP) with the European Union.

Canada has signed the Foreign Investment Promotion and Protection Agreement (FIPA) with China and the Comprehensive Economic and Trade Agreement (CETA) with the European Union, the latter one yet to be ratified.

US investors have extensively used the investor-state dispute settlement (ISDS) provisions of these treaties. They have initiated around 130 disputes, over 20% of all known cases, making it the most frequent home state of the investor. The US has never lost an ISDS litigation.

On the other hand Canadian investors have initiated about 35 disputes and Canada has been the second most frequent target among developed states (5th globally).

(October 2015)

Hankyoreh | 21-Aug-2017
The Moon administration needs to stand up to Trump with the confidence of a party ready to accept termination of the agreement, writes The Hankyoreh
Latin America Herald Tribune | 15-Aug-2017
Crystallex — owed $1.4 billion for the expropriation of its Venezuela mining subsidiary — has moved U.S. Federal Court in Delaware to seize Petroleos de Venezuela Holding, the parent company of PDVSA’s American unit Citgo Holding.
Politico | 10-Aug-2017
More than 100 U.S. business groups and associations are pushing the Trump administration to not only preserve investor-state dispute settlement and related provisions in an updated NAFTA agreement but to also strengthen them to further protect intellectual property and interests.
SSRN | 4-Aug-2017
The Bilcon tribunal ruling raises a number of concerns about the ability of investor protection tribunals to properly assess whether a foreign investor has been treated fairly under a domestic environmental assessment process.
The Hindu | 4-Aug-2017
As talks with Canada began before model text was approved by Cabinet, deviations may be allowed.
Intercontinental Cry | 27-Jul-2017
This past month, eighteen Aymara community leaders endured the final stages of a trial that had them facing up to 28 years in prison and massive fines for their alleged roles in the 2011 ‘Aymarazo’ protests against the Santa Ana silver mine on the Peru-Bolivia border.
Reuters | 17-Jul-2017
La minera canadiense Crystallex ganó en una corte estadounidense una medida que prohíbe a la empresa china Haitong International Securities Group transfiera activos propiedad de Venezuela.
Reuters | 17-Jul-2017
Canadian miner Crystallex has won U.S. court approval to bar China’s Haitong International Securities Group Ltd from transferring securities owned by Venezuela, in a move to recoup damages from an expropriation by the OPEC nation.
DW | 14-Jul-2017
Bajo ese título publica REDES una nueva investigación que da cuenta de la fragilidad de los Estados frente a los mecanismos de solución de controversias, con impactos invisibilizados en las políticas públicas, los derechos y la soberanía para diseñar y ejecutar estrategias de desarrollo nacionales.
Info Justice | 14-Jul-2017
The cool reasoning of the Canadian Supreme Court does not acknowledge or reference “external” pressures or the Eli Lilly v. Canada ISDS case. However, courts do not decide cases in a vacuum. This case seems to have been decided in a pressure cooker.

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