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)

Asia Society Policy Institute | 6-Feb-2018
Certain long-standing provisions of trade agreements, specifically ISDS, are worthy of reconsideration.
Asia Times | 6-Feb-2018
A new battle is taking shape on the world scene. It sees China and the West compete in affirming their respective investment standards around the globe.
Global Research | 5-Feb-2018
Canadian Prime Minister Justin Trudeau has boasted of his commitment to progressive economic, environmental and social policies. At the same time, has been a passionate warrior in his pursuit and defence of so-called ‘free trade’ agreements.
Sierra Club | 29-Jan-2018
Environmental groups in court to intervene in NAFTA tribunal overstep NAFTA tribunal exceeded its jurisdiction when it made determination on what a Canadian environmental assessment panel can decide, groups say.
Lexology | 29-Jan-2018
This post discusses the disagreement between Karl-Heinz Bockstiegel (the president of the tribunal) and Michael Pryles, and Prof. Philippe Sands QC, on the assessment of damages.
CBC | 29-Jan-2018
Ruling found that New Jersey company was wrongly prevented from opening quarry and terminal.
La Presse | 17-Jan-2018
Le Canada doit actuellement se défendre dans huit poursuites intentées par des entreprises qui totalisent plus de 475 millions en dommages réclamés.
IATP | 16-Jan-2018
The actions of the Trump Administration and Congress have, in one year, established a pattern of cynical disregard for rural communities, hostility toward science, and an unbridled scorn for the principles and practice of democratic governance.
660 News | 16-Jan-2018
Canada is currently facing eight active investor-state claims that combined seek more than $475 million in damages.

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