Bayview Irrigation District et al. v. United Mexican States

Abstract

Jurisdiction — Foreign investor — NAFTA, Article 1101(a) — Interpretation — Territorial jurisdiction — Whether NAFTA protected domestic investors who made investments in their home State from measures adopted by another State — Whether there was a legally significant connection between the measures and the claimants

Interpretation — Travaux préparatoires — Jurisdiction — Investment — Foreign investor — Whether the drafters intended for NAFTA to protect domestic or only foreign investment

Jurisdiction — Investment — NAFTA, Article 1139 — Interpretation — Territorial jurisdiction — Whether a protected investment must be made in a foreign territory rather than the investor’s home State

Jurisdiction — Investment — NAFTA, Article 1139(g) — Interpretation — Other property — Water rights — Whether investment in the form of legal rights to extract water was within the definition of other property — Whether rights included water while it was in another State