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 is Canada’s leading organization for articulating progressive, positive social policy reform. Ever constructive and independent, the CCPA’s respected voice has helped produce substantial results in the movement for true democracy and equality of opportunity that all Canadians can support.
— David Eby, Executive Director
BC Civil Liberties Association