by Plantagenet » Sat 07 Nov 2015, 15:33:04
$this->bbcode_second_pass_quote('Keith_McClary', '.')..TransCanada would be able to challenge the decision under international trade agreements such as NAFTA or the World Trade Organization......Another open question is whether the Calgary-based energy giant will try to recoup the more than US$2 billion it says it has already spent on the project's development. Earlier in the year, the company left the door open to suing the U.S. government under NAFTA.....
Good points. It would be ironic if Obama----the ardent free trader----wound up getting sued under the rules of NAFTA.
Given that Obama made his decision based purely on political motives rather than for any real economic or environmental reason, TransCanada might have a strong case here. Obama himself said he was cancelling KXL to strengthen his hand at the upcoming UN COP meeting in Paris. I doubt that an international arbitration board would find that a compelling rationale.
If TransCanada decides to sue under NAFTA, they can choose several routes for their lawsuit:
Parties to the Agreement in accordance with the principle of international reciprocity and due process before an impartial tribunal. A NAFTA investor who alleges that a host government has breached its investment obligations under Chapter 11 may, at its option, have recourse to one of the following arbitral mechanisms:
the World Bank's International Centre for the Settlement of Investment Disputes (ICSID);
ICSID's Additional Facility Rules; and
the rules of the United Nations Commission for International Trade Law (UNCITRAL Rules).
Alternatively, the investor may choose the remedies available in the host country's domestic courts. An important feature of the Chapter 11 arbitral provisions is the enforceability in domestic courts of final awards by arbitration tribunals.If Transcanada decides to go this route, the ICSID might be their best course of action.

Mr free trade Obama ... meet NAFTA the free trade agreement
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PS Most people don't remember that Obama campaigned in 2008 as an OPPONENT of free trade deals like NAFTA. And yet here he is in 2015 trying to foist the TPP on the American people and running afoul of NAFTA with his politically motivated decision on the KXL. Just another example of what a complete and total liar this guy has been.
Cheers!