For Your Data Pope & Talbot V. The Authorities Of Canada Example Brief

1. Pope & Talbot v. The Government of Canada illustration brief summary, 2000, NAFTA case, (U1 300)
   
   1. Facts: Canadian authorities charges depression fees for Canadian companies cutting downwards trees from authorities land. American companies bring to pay to a greater extent than for such cutting b/c they must buy the correct to produce together with hence on the someone market. Canada likewise limits lumber exports to the USA (under Softwood Lumber Agreement), amongst limitations varying past times province. Americans claim NAFTA 1105, 1110, together with 1102 violations.
   2. Tribunal flora
      1. Breach of Art. 1105
         • Rejected controversy of Canadian Government (supported past times USA & Mexico) that would bring made alone “egregious” misconduct a violation of Art. 1105.
         • Chooses the Isle of Man interpretation (see above).
           • “The Tribunal interprets [§ 1105] every bit expressly adopting the additive grapheme of the fairness elements. Investors are entitled to those elements, no affair what else their entitlement nether international law. Influenza A virus subtype H5N1 logical corollary to this linguistic communication is that compliance amongst the elements must last ascertained gratis of whatever threshold that powerfulness past times applicable to the evaluation of measures nether the minimum measure of international law.” (U1 305).
           • Relies on the interpretation of BITs – they are additive together with bring rattling similar language.
         • Finds that in that place is no violation, except for the mode inwards which the authorities acted inwards conducting a “Verification Review.”
      2. NO breach of Art. 1102
         • Court states that “a violation of national handling obligations tin sack alone last flora if the mensurate inwards query disproportionately disadvantages the unusual owned investments or investors,” together with rejects Canada’s proposed “disproportionate disadvantage” test, exactly concludes that in that place is no national handling violation.
   3. Damages:
      1. Court grants Π the toll of the verification review (excluding executive time; they would bring been working anyways).    

Share this post