TITLE

Grasp on Water: A Natural Resource That Eludes NAFTA's Notion of Investment

AUTHOR(S)
Kibel, Paul Stanton
PUB. DATE
May 2007
SOURCE
Ecology Law Quarterly;2007, Vol. 34 Issue 2, p655
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses water entitlement claims introduced as a result of the North American Free Trade Agreement (NAFTA). NAFTA was established to focus on trade goods but includes a provision stating that unless water is considered a product, it is not under the jurisdiction of a trade agreement. Chapter 11 of NAFTA, which protects foreign investors from having investments seized, has led to claims of private water ownership. The water company Sun Belt Water Inc. filed suit under Chapter 11 after the government of British Columbia banned them from diverting water from the Fraser River. Farmers in Texas filed a Chapter 11 claim after Mexican authorities denied them water allocations from the Rio Grande.
ACCESSION #
27393097

 

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