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)

Rosia Montana | 5-Nov-2018
Roşia Montană voices to be heard in illegal Romanian gold mine litigation
No al TTIP | 29-Oct-2018
Canadá apoya la eliminación del sistema privado de resolución de controversias entre Estado-Inversor – ISDS – en el nuevo acuerdo con EEUU y México pero persiste en mantenerlos en otros acuerdos, como en el CETA.
Globe and Mail | 28-Oct-2018
Unverified rumours circulated in early 2018 that Canada was willing to abandon NAFTA’s provisions entitling foreign investors to sue for damages under what is called investor-state dispute settlement, or ISDS.
Huffington Post | 21-Oct-2018
Investor-state dispute settlement was tempered in the USMCA, but the government needs to justify why it persists asking for it in other agreements.
Washington Post | 4-Oct-2018
The oil business persuaded the White House to keep a number of features of the old NAFTA, including provisions that help protect US oil companies’ investments abroad and allow for tax-free transport of raw and refined products across borders.
TeleSur | 28-Sep-2018
Pablo Fajardo, the lead lawyer for the communities who have been fighting for 25 years for compensation for the severe pollution in the amazon region, and Donald Moncayo, one of the coordinators of the organization that has led this campaign talk about the Chevron case.
Friends of the Earth Europe | 24-Sep-2018
Our analysis of the leaked draft code of conduct of CETA tribunals reveals that the same people known as ISDS arbitrators and counsellors will now take over CETA tribunals.
TeleSur | 21-Sep-2018
ICSID tribunal rules Costa Rica was in its right to stop a tourist construction project on the Pacific coast that violated environmental laws.
Observatoire des Multinationales | 17-Sep-2018
Les arbitres de la Cour permanente d’arbitrage ont sommé l’Équateur de récuser son propre système judiciaire.
EJIL: Talk! | 14-Sep-2018
The task no longer lies with interpreting investment treaties alone and trying to reform investment arbitration in general – but designing an entirely cohesive system for international environmental justice that is open to the actual victims of environmental disasters and not just the States that often fail to genuinely represent them.

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