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North America

Canada and the United States have signed about 180 investment agreements.

They are both party to the North American Free Trade Agreement (NAFTA) with Mexico. Sixty-seven disputes were launched under NAFTA.

NAFTA was recently renegotiated and replaced by the US-Mexico-Canada Agreement (USMCA) that was signed in November 2018 and is yet to enter in force. The investor-state dispute settlement (ISDS) mechanism between the US and Canada, and between Mexico and Canada has been removed – even though it is included in the Trans-Pacific Partnership, to which both Mexico and Canada belong. Only limited claims are allowed between the US and Mexico, after exhaustion of local remedies. But the ISDS mechanism has been maintained between the two countries for claims pertaining to Mexico’s oil and gas sector.

The US is also party to the Dominican Republic–Central America Free Trade Agreement (CAFTA), with six Central American states. US investors have initiated all 11 known CAFTA disputes.

Canada has an investment treaty with China and is party to the Comprehensive Economic and Trade Agreement (CETA) with the European Union. CETA includes a revised ISDS mechanism, the investment court system, which has been critiqued for not addressing the core of the problem behind the mechanism.

US investors have extensively used the ISDS mechanism. They have initiated around 180 disputes, over 17% of all known cases, making the US the most frequent home state of investors. The US has never lost an ISDS case.

Canadian investors have initiated about 50 disputes and Canada has been the fourth most frequent target among ‘developed’ states (9th globally), with 29 cases.

Photo: Public Citizen

(April 2020)

FTA wrangling heats up outside Assembly
| 6-Nov-2011
The main opposition Democratic Party stepped up its public campaign against the Korea-U.S. Free Trade Agreement over the weekend, as the ruling Grand National Party mulled pushing a final vote at a plenary session Wednesday.
investor-state disputes | ISDS , Korea , US
U.S. companies profit from investor-state dispute system
| 5-Nov-2011
The South Korean government describes the investor-state dispute system (ISD), introduced by the country for 81 bilateral investment treaties (BITs) formed since 1967, as a means of protecting offshore investments by South Koreans. But South Korea has never once sued another country, nor has the government been sued by a foreign investor. The reason was that none of those treaties was with the United States.
investment | BITs , investor-state disputes | ISDS , Korea , US
Protecting investors’ rights: An assessment of EU’s new mandate on international investments
Madhyam | 7-Oct-2011
This article tries to provide a first brief assessment of the leaked EU negotiation mandate for an investment protecting agreement in the EU free trade agreements with Canada, India and Singapore.
Canada , EU , India , investor-state disputes | ISDS , Singapore
European Member States refuse necessary reform, ignore the will of the European Parliament and insist that future EU investment agreements copy their bad practices
S2B | 15-Sep-2011
On Monday 12 September the General Affairs Council approved negotiating mandates for investment protection chapters in free trade agreements with Canada, India and Singapore.
actions | resistance , Canada , EU , FTAs (texts of) , India , investment | BITs , investor-state disputes | ISDS , Singapore
Chevron wins $96 million for 1990s Ecuador oil dispute
Bloomberg | 2-Sep-2011
Chevron Corp., the second-largest U.S. energy company, said it won a $96 million judgment against Ecuador in an international arbitration case stemming from a 1990s oil-export dispute with the Latin American nation.
Ecuador , investor-state disputes | ISDS , US
International arbitration plays key role in gas deal, Egypt’s future
Almasry Alyoum | 12-Aug-2011
In violation of international agreements, natural gas has not flowed for months across the Sinai desert through the pipeline that connects Israel and Jordan to Egypt. Since former President Hosni Mubarak’s fall in February, political uncertainty and intermittent attacks have halted its delivery.
Egypt , energy , investment | BITs , investor-state disputes | ISDS , Israel , US
US firm eyes trade case to force Argentina payment
Reuters | 9-Aug-2011
Azurix Corp plans to ask the Obama administration for help in recovering more than $230 million it says it is owned by the government of Argentina. It would be the first time a US company has used the "Section 301" trade law to pressure a foreign government to pay an award decided by an arbitrator in an investment dispute.
Argentina , investment | BITs , investor-state disputes | ISDS , US , water
Philip Morris v. Uruguay on cigarette branding: Will investor-state arbitration send restrictions on tobacco marketing up in smoke?
Info Justice | 4-Aug-2011
Philip Morris asserts that fair and equitable treatment includes a right to a “stable and predictable regulatory framework” as well as rights under treaties in addition to customary international law.
Australia , corporate interests , CPTPP , investment | BITs , investor-state disputes | ISDS , New Zealand , Uruguay , US
Honduras: Tasa de seguridad viola el TLC con EE.UU.
El Heraldo | 14-Jul-2011
Estudian, además, denunciar al Estado de Honduras ante organismos supranacionales.
Honduras , investor-state disputes | ISDS , US
Bear Creek apelará a TLC entre Perú y Canadá para mantener mina en Puno
Terra | 29-Jun-2011
La minera canadiense Bear Creek Mining anunció que recurrirá al TLC entre el Perú y Canadá para defender la inversión y continuidad del proyecto minero Santa Ana.
Canada , investor-state disputes | ISDS , Peru