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

Kibel, Paul Stanton
May 2007
Ecology Law Quarterly;2007, Vol. 34 Issue 2, p655
Academic Journal
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.


Related Articles

  • DOES NAFTA COVER WATER EXPORTS?  // Foreign Service Journal;Oct99, Vol. 76 Issue 10, p12 

    The article focuses on whether the North American Free Trade Agreement (NAFTA) covers fresh-water exports from Canada. It discusses the cases filed by Sun Belt Water and Snowcap Waters under NAFTA against the government for its intervention in exporting fresh water from Canada to California. It...

  • JURISDICTION (NAFTA).  // International Law Update;Jan2007, Vol. 13, p10 

    The article reports on the lawsuit filed by members of the Canadian Union of Postal Workers, the Council of Canadians, and the Charter Committee on Poverty Issues in Ontario. The three associations challenged the constitutionality of North American Free Trade Agreement (NAFTA) of Canada in...

  • Trade Restrictions, Not Environmental Protections, At Risk. Canner, Stephen // Environmental Forum;Jul/Aug2003, Vol. 20 Issue 4, p30 

    Addresses the issue that the North American Free Trade Agreement's (NAFTA) Chapter 11 provisions for investor-to-state dispute settlement inhibits the application of environmental, health and safety regulations in the U.S. Arguments advanced by groups opposed to the Chapter 11 provision of...

  • Territoriality Requirements for Investment Claims under NAFTA. Calaguas, Mark J. // International Law News;Spring2008, Vol. 37 Issue 2, p20 

    The article discusses a court case wherein the claimants Bayview Irrigation District comprising 17 irrigation districts and other entities and individuals in Texas, claimed that the Mexican government had discriminatorily seized investment property belonging to them. An arbitral tribunal...

  • Ontario lumber groups sue over softwood.  // Northern Ontario Business;Jun2006, Vol. 26 Issue 8, p29 

    The article reports that two Ontario lumber industry associations are filing lawsuits to challenge the U.S. and Canada governments' suspension of North American Free Trade Agreement panel proceedings on the softwood lumber issue. The Ontario Lumber Manufacturers Association and the Ontario...

  • NAFTA at 20: A Model for Corporate Rule. Perez-Rocha, Manuel; Trew, Stuart // Foreign Policy in Focus;1/14/2014, p2 

    The article presents the third of a series of pieces that examined the impacts of the North American Free Trade Agreement (NAFTA) 20 years after its implementation. Topics included the harsh impacts on workers and farmers across Mexico, the U.S. and Canada, lawsuits faced by the U.S. government...

  • U.S. investor files first NAFTA health care suit.  // CCPA Monitor;Nov2008, Vol. 15 Issue 6, p9 

    The article reports that Melvin J. Howard, an American businessman, has filed the first North American Free Trade Agreement (NAFTA) health care suit against Canada. The suit is a response to the country's plan to exempt health care from NAFTA. Howard describes the country's privatization...

  • Ford Loses NAFTA Record-keeping Case. Melnitzer, Julius // InsideCounsel;Dec2007, Vol. 17 Issue 193, p70 

    The article discusses the court case U.S. v. Ford wherein the federal court of the Western District of Texas denied the motion of Ford Motor Co. to dismiss the case filed by the U.S. Customs against the company for North American Free Trade Agreement (NAFTA) violations on record-keeping and...

  • Importers May Reap Duty Savings in NAFTA, China Scenarios.  // Apparel Magazine;Apr2006, Vol. 47 Issue 8, p35 

    The article on the announcement of trade law firm of Sandler, Travis & Rosenberg P.A. (STR) that importers may be entitled to significant duty reductions on goods shipped from China, and also could qualify for duty refunds related to North American Free Trade Agreement. On the China front, there...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics