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United States Article 1128 Submission.pdf

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Preview of United States Article 1128 Submission
🔗 Source: italaw.com
📊 Size: 426 KB
📄 Pages: 17 pages
⬇️ Downloads: 175

Summary

The United States submitted its interpretation of the North American Free Trade Agreement (NAFTA) in the arbitration case between Vento Motorcycles, Inc. and the United Mexican States. The submission focuses on Articles 1102 (National Treatment), 1103 (Most-Favored-Nation Treatment), and 1105 (Minimum Standard of Treatment). To establish a breach of national treatment, a claimant must prove that it or its investments received less favorable treatment than domestic investors or investments in like circumstances. The comparison should be between the treatment accorded to a claimant or its investment and a domestic investor or investment in like circumstances, considering factors such as the regulatory framework and policy objectives. The United States emphasizes that nationality-based discrimination is prohibited, but differential treatment among investors or investments is not necessarily a violation. The submission also notes that the requirements for establishing a breach of Most-Favored-Nation Treatment are similar to those for National Treatment, and that Article 1105 requires each Party to accord to investments of investors of another Party treatment in accordance with international law, including fair and equitable treatment and full protection and security.

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Description

The United States submitted its interpretation of the North American Free Trade Agreement (NAFTA) in the arbitration case between Vento Motorcycles, Inc.

Technical Information

  • File Format: PDF
  • File Size: 426 KB
  • Pages: 17
  • Language: EN
  • Total Downloads: 175
  • Last Updated: 3 weeks ago

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