This report documents all 66 known NAFTA investor-state claims (to October 2010) and analyses recent key developments, including the Canadian government’s troubling decision to settle AbitibiBowater’s NAFTA claim by paying the company $CAD 130 million. It finds all levels of government, particularly in Canada, are being targeted by investors for alleged breaches of Chapter 11, NAFTA's investment chapter.
Investor-state claims as of October 1, 2010 include 28 against Canada, 19 against the U.S., and 19 against Mexico. Canada has paid out NAFTA damages totaling $CAD157 million, while Mexico has paid damages of $US187 million. The U.S. has yet to lose a NAFTA chapter 11 case. All three governments have incurred tens of millions of dollars in legal costs to defend themselves against investor claims.
The CCPA’s bold vision and creative solutions help us imagine better futures for all. Its efforts to build bridges between labour, industry, and civil society and mentor young activists lay the foundation for realizing those provocative futures. I consider my support for the CCPA an investment in a better future for British Columbia.
— Polly Ng, Next Up graduate