2016 Postmortem
Related: About this forumTransCanada Files $15B Nafta Claim on Keystone XL Rejection
Bloomberg, Jennifer A Dlouhy
Let's see how it works, shall we?
The Calgary-based pipeline operator filed papers late Friday seeking arbitration under the North American Free Trade Agreement, arguing that TransCanada had every reason to believe it would win approval to build Keystone XL. Instead, President Barack Obama last November determined that the pipeline, which would have carried Canadian oil sands crude to the U.S. Gulf, was not in the national interest. In response, TransCanada in January vowed to use arbitration provisions in Chapter 11 of Nafta to recover costs and damages.
The company said the U.S. spent seven years delaying a final decision on the project with multiple rounds of arbitrary and contrived analyses and justifications.
None of that technical analysis or legal wrangling was material to the administrations final decision, TransCanada said in Fridays filing. Instead, the rejection was symbolic and based merely on the desire to make the U.S. appear strong on climate change, even though the State Department had itself concluded that denial would have no significant impact on the environment.
More at: http://www.bloomberg.com/news/articles/2016-06-25/transcanada-files-15b-nafta-claim-on-keystone-xl-rejection
guillaumeb
(42,641 posts)From the article:
The study from the left-leaning Canadian Centre for Policy Alternatives (CCPA) found that more than 70 per cent of claims since 2005 have been brought against Canada, and the number of challenges under a controversial settlement clause is rising sharply.
The investor-state dispute settlement mechanism contained in NAFTAs chapter 11 grants investors the right to sue foreign governments without first pursuing legal action in the countrys court systems, in order to protect foreign investors from discrimination. Drafters of the 1994 treaty included the provision to protect U.S. and Canadian investors against corruption in Mexican courts.
Critics argue that the mechanism limits governments from enacting policies on legitimate public concerns such as the environment and labour or human rights, and that negotiations are often carried out in secret.
http://www.huffingtonpost.ca/2015/01/14/canada-sued-investor-state-dispute-ccpa_n_6471460.html
And this will not change under TPP.
think
(11,641 posts)built here.
That's how it's working so far....
TransCanadas attempt to make American taxpayers hand over more than $15 billion because the companys dirty Keystone XL pipeline was rejected shows exactly why Nafta was wrong and why the even more dangerous and far-reaching Trans-Pacific Partnership must be stopped, Brune said in an e-mailed statement.
hollysmom
(5,946 posts)Wellstone ruled
(34,661 posts)Is it the Koch Brothers via EnBridge? How about Exon-Mobile,and Conco-Phillips. The Treaty that keeps on giving to the Mulit-Nationals.
yallerdawg
(16,104 posts)None of that technical analysis or legal wrangling was material to the administrations final decision, TransCanada said in Fridays filing. Instead, the rejection was symbolic and based merely on the desire to make the U.S. appear strong on climate change, even though the State Department had itself concluded that denial would have no significant impact on the environment.
Jitter65
(3,089 posts)yallerdawg
(16,104 posts)"Secret tribunal."
"Corporation over national sovereignty."
"Big business strikes down environmental laws."
"Costly disputes on the taxpayer's dime."
This is the worst-case scenario, isn't it?
"The proof is in the pudding when you eat it!"
AntiBank
(1,339 posts)fight these types of suits, and as soon as they win this the pro TPP crew will say "LOOK!! the TPP tribunals are not a threat" It's the smalller governments like cities and states and small countries who have, are, and will be the ones who are going to get steamrolled.
JaneyVee
(19,877 posts)TheBlackAdder
(28,182 posts)NorthCarolina
(11,197 posts)billion.
AntiBank
(1,339 posts)baked in the cake