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ARTICLE · 22 AUGUST 2017

NAFTA Reform, Investor-State Dispute Settlement, And Environmental Regulation

Siskinds LLP
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Canada, the United States, and Mexico are set to begin the re-negotiation of the North American Free Trade Agreement ("NAFTA") in August.

CanadaEnvironment
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Canada, the United States, and Mexico are set to begin the re-negotiation of the North American Free Trade Agreement ("NAFTA") in August. The foreign investment protection chapter (Chapter 11) is likely to be among other contentious aspects of the treaty to be addressed.

Chapter 11 protects certain investments made in one of the party states by investors of another party state. Chapter 11 provides a range of protections to investors, including national treatment (Article 1102; investors of another party state must be treated in as favourable a manner as national investors); most-favoured-nation treatment (Article 1103; investors must obtain treatment no less favourable than that afforded to investors of any party or non-party state); minimum standard of treatment (Article 1105; investments of investors from another party state must be made in accordance with standards international law, including fair and equitable treatment and full protection and

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