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United States' Damages Article 1128 Submission.pdf

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Preview of United States' Damages Article 1128 Submission
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📊 Size: 272 KB
📄 Pages: 13 pages
⬇️ Downloads: 87

Summary

The United States submits its interpretation of the North American Free Trade Agreement (NAFTA) regarding claims for loss or damage under Articles 1116(1) and 1117(1). The US states that each claim must fall under either Article 1116 or 1117, with Article 1116 permitting claims for direct loss or damage to the investor, and Article 1117 permitting claims on behalf of an enterprise owned or controlled by the investor for loss or damage incurred by that enterprise. The US agrees with Canada and Mexico that investors must allege direct damage to recover under Article 1116, and indirect damage may only be claimed through Article 1117. This interpretation is based on the principle of customary international law that a company has a legal personality distinct from its shareholders, and only direct loss or damage suffered by shareholders is cognizable under international law.

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The United States submits its interpretation of the North American Free Trade Agreement (NAFTA) regarding claims for loss or damage under Articles 1116(1) and...

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  • File Format: PDF
  • File Size: 272 KB
  • Pages: 13
  • Language: EN
  • Total Downloads: 87
  • Last Updated: 6 days ago

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