Policy Analysis

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.

August 22, 2005

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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Methanex v. USA