Environmental
Jun. 17, 2009
Striking NAFTA Gold: Investors Can't Circumvent Environmental Rules
A recent case provides a strong message that investors can't use NAFTA arbitration to get around environmental rules, write Jordan C. Kahn and Gideon Kracov.
FORUM COLUMN
By Jordan C. Kahn and Gideon Kracov On June 9, a longstanding and controversial North American Free Trade Agreement arbitration was resolved in favor of the United States. The State Department announced that arbitrators unanimously ruled against Canadian company Glamis Gold Ltd. (now owned by GoldCorp), rejecting its claims under NAFTA's takings and due process provisions. The award will be publicly released after the parties make mo...
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