International Law Outline



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Methanex v. US – 2005 (866) – Canadian investor is largest producer of methanol, used to produce MTBE, known animal carcinogen/possible human carcinogen. MBTE contamination is serious concern in CA – governor signed executive order requiring phaseout of MBTE. Methanex says – not based on scientific evidence.

  1. Tribunal – lacked jurisdiction over M’s claim. Let them submit amended claim.

    1. BRIBERY – ethanol company. When banned MBTE, then indicated ethanol as preferred replacement

  2. Tribunal

    1. no violation of “national treatment” - CA ban had same effect on American investors/investments in methanol

    2. not expropriation – made for public purpose, was non-discriminatory, done with due process

    3. ordered reimbursement of arbitration and legal costs

  • weird public/private overlap

  • Other FDI dispute mechanisms

    1. Lump-sum agreements – pay negotiated sum to claimant state. State then distributes funds according to domestic processes.

      1. US – Foreign Claims Settlement Commission.

    2. ICSID – International Centre for the Settlement of Investment Disputes

      1. Closely association with World Bank

      2. Trying to get away from government rules

        1. Careful about getting too far from public voices, which enhance legitimacy


      3. Directory: sites -> default -> files -> upload documents
        upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
        upload documents -> Federalism – The Structure of Government
        upload documents -> General Info About Property law
        upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
        upload documents -> Property with Professor Vicki Been
        upload documents -> Property Outline – Professor Upham, Spring 2000
        upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
        upload documents -> Complex federal investigations
        upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
        upload documents -> Pricing v. Sanctions


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