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Remarks regarding the precision required in the statement of claim
To establish jurisdiction, the claimant must demonstrate that the facts – once established – constitute a breach of the invoked obligations
The applicable rules of international law within the meaning of Article 1131(1) NAFTA include the principle of impartial and fair judicial process
General remarks regarding Articles 1502 and 1503 NAFTA
- North American Free Trade Agreement > Further articles relevant to International Investment Law > Article 1502 – Monopolies and State Enterprises
- North American Free Trade Agreement > Further articles relevant to International Investment Law > Article 1503 – State Enterprises
Remarks regarding the delivery of cultural products being covered by Article 2107(a) NAFTA
General remarks regarding the creation of customary international law
Article 1116(1) NAFTA requires that the claimant demonstrate a violation of an obligation of Chapter 11, either by the state or by the conduct of state enterprises
Article 1116(1)(b) NAFTA requires that the claimant demonstrate a violation of an obligation of Chapter 11; the article shall not be understood that by the reference to Article 1502(3)(a) NAFTA the article conferred upon the tribunal the jurisdiction to review any part of the NAFTA, as long as an obligation of Chapter 11 was breached at same time
The standard of fair and equitable treatment is not additive to or beyond the minimum standard
There is no rule of customary international law prohibiting or regulating anticompetitive behaviour
Articles 1502 and 1503 NAFTA impose substantive obligations, but do include investor-state dispute resolution procedures
- North American Free Trade Agreement > Further articles relevant to International Investment Law > Article 1502 – Monopolies and State Enterprises
- North American Free Trade Agreement > Further articles relevant to International Investment Law > Article 1503 – State Enterprises
There is no rule of customary international law prohibiting or regulating anticompetitive behaviour
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
Relationship of an IIT to Customary International Law
General remarks regarding the creation of customary international law
Chapter Eleven – Section A – Investment
Article 1105 – Minimum Standard of Treatment
The Relationship of the Standard to Public International Law
The standard of fair and equitable treatment is not additive to or beyond the minimum standard
Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party
Article 1116 – Claim by an Investor of a Party on Its Own Behalf
Breach of Obligation
Article 1116(1) NAFTA requires that the claimant demonstrate a violation of an obligation of Chapter 11, either by the state or by the conduct of state enterprises
Article 1116(1)(b) NAFTA requires that the claimant demonstrate a violation of an obligation of Chapter 11; the article shall not be understood that by the reference to Article 1502(3)(a) NAFTA the article conferred upon the tribunal the jurisdiction to review any part of the NAFTA, as long as an obligation of Chapter 11 was breached at same time
Article 1131 – Governing Law
The applicable rules of international law within the meaning of Article 1131(1) NAFTA include the principle of impartial and fair judicial process
Further articles relevant to International Investment Law
Article 1502 – Monopolies and State Enterprises
General remarks regarding Articles 1502 and 1503 NAFTA
Articles 1502 and 1503 NAFTA impose substantive obligations, but do include investor-state dispute resolution procedures
Article 1503 – State Enterprises
General remarks regarding Articles 1502 and 1503 NAFTA
Articles 1502 and 1503 NAFTA impose substantive obligations, but do include investor-state dispute resolution procedures
Article 2107 – Definitions
Remarks regarding the delivery of cultural products being covered by Article 2107(a) NAFTA
Article 18
Remarks regarding the precision required in the statement of claim
Article 21
To establish jurisdiction, the claimant must demonstrate that the facts – once established – constitute a breach of the invoked obligations