Incidentally...

Author: Alexander Stack Professional Corporation |

If you think that Investor/State disputes are only won by the investors, the Canadian government won a claim last week against Chemtura, a US company that sought $78 million (US) in compensation for banning the use of lindane, which is a fungicide.

I have no idea about the details of this case, so this may have be a complete change of topic ;)

But in general, critics of investor/state dispute provisions often talk as if these provisions prohibit governments from taking action. But often the only restraint on the government is procedural - i.e. you have to pass/make the regulation in fair manner. But governments can actually pass and implement legislation/regulation, and often the procedural or fairness hurdles are hardly high.

Not to say that there aren't significant and real concerns about investor/state provisions in trade deals. Here's a "Public Statement on the International Investment Regime", posted yesterday on the OHLS website, which appears to be led by Professors Gus van Harten of Osgoode Hall and David Schneiderman of the University of Toronto.



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