International Law Outline

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Metalclad v. Mexico – 2000 (864) – US investor sought to purchase and operate waste facility plant. Obtained permits, and as construction neared completion, municipality claimed they had to get permit, and then refused to grant it, for environmental reasons.

  1. Violation of “fair and equitable treatment”

  2. Canadian court – set aside award in part

    1. Misstated applicable law to include “transparency obligations”

    2. Upheld finding that ecological decree constituted expropriation.

  • S.B. Myers v. CA – 2000 (865) – US investor wanted to transport contaminated waste from Canda to US. Canada banned export of contaminated waste to non-US countries. US banned import/export of contaminated waste for disposal, but gave EPA discretion to waive. Investor got EPA permission to import Canadian waste – but then Canada banned export of the waste. But wait, then they repealed the export ban, 16 months later. Myers claimed Canada’s temporary export ban violated Chapter 11

    1. Tribunal – violated “fair and equitable treatment” because motivated by selfish reasons

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