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Waste Management v. Mexico

Type of decisionPreliminary Objection concerning the Previous Proceedings - Decision of the Tribunal
Date of decision26 June 2002
James R. Crawford (President)
Benjamin R. Civiletti
Eduardo Magallón Gómez
Legal instrumentNorth American Free Trade Agreement
Related decision(s)
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Statements from this decision

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The withdrawal of a claim does not constitute a waiver of underlying rights of the withdrawing party
The failure of a claim on jurisdictional grounds does not preclude the claimant from recommencing its action
Res judicata as a principle of general international law
Res judicata as a principle of general international law
A decision not dealing with the merits of the claim does not constitute res judicata as to those merits
The decision on a particular point constitutes res judicata only inasmuch as it is a necessary part of the eventual determination
In case the claimant does not initially fulfil the requirements of Article 1121 NAFTA, Article 1121 NAFTA does not prohibit initiation of a second proceeding after the conditions precedent for submission have been satisfied
Article 1121 NAFTA is not a “fork in the road” clause


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