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Related to expropriatory: Creeping expropriation
References in periodicals archive ?
and Canadian governments demanded such constraints when negotiating Chapter 11, given their suspicion of Mexico's expropriatory tendencies.
154) In Methanex, a Canadian investor argued that California's ban on MTBE (155) was expropriatory as it affected the investor's production of methanol, a key component of MTBE.
a] non-discriminatory regulation for a public purpose, which is enacted in accordance with due process and which affects, inter alia, a foreign investor or investment is not deemed expropriatory and compensable unless specific commitments have been given by the regulating government to the then putative foreign investors contemplating investment that the government would refrain from such regulation.
In this context, several investment arbitrations have been launched that implicate both expropriatory and non-expropriatory claims but nevertheless affect important public interest issues, including public services and several state-defined public interest issues.
198) However, if the decision in Azurix is indicative of future tribunal rulings, it suggests that state interferences with water service contracts that are not expropriatory in nature may lead to exorbitant compensatory awards, even if the interference is for the public's protection.
However, OPIC's subsequent Memorandum of Determinations regarding an expropriation claim by Bank of America reflects the difficulty of equating the relevant Indian actions as expropriatory and as violations of international law.
Accordingly, OPIC considered only the government's interference with arbitration rights and the obstruction of the lenders' security arrangements as potentially expropriatory within the insurance contracts.
Furthermore, it can be argued that because questioning foreign judicial processes and decisions necessarily implicates issues of national sovereignty, there should be reluctance in categorically equating use of a host country judicial system as expropriatory or violative of international law.
One Tribunal has even gone so far as to classify what would appear to be an expropriatory measure as nothing more than a
Such fears are particularly acute where major public policy issues are being decided--for example, whether regulatory action can be considered expropriatory as in Methanex, or whether imposition of unfair trade remedies such as anti-dumping and countervailing duties are subject to challenge under NAFTA Chapter 11.