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The Final Decision in Methanex v. United States: Some New Wine in Some New Bottles

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The Final Decision in Methanex v. United States: Some New Wine in Some New Bottles

On August 3, 2005, the Panel in the NAFTA Chapter 11 case Methanex v. The United States issued its long-awaited ruling, rejecting all of the company's arguments.

High points of the Award include: a crystal-clear statement that non-discriminatory regulations in the public interest (such as environmental laws) will almost never be considered expropriation; some welcome reasoning on national treatment; and precedent-setting explicit reliance on arguments from IISD's amicus brief. Howard Mann, lead author of the IISD brief, offers commentary here.

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