TransCanada the underdog in NAFTA gambit over Keystone XL rejection

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
39,778
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TransCanada the underdog in NAFTA gambit over Keystone XL rejection

Legal observers say that while TransCanada Corp. appears to have a strong case under the North American free-trade agreement to challenge Washington’s rejection of its Keystone XL pipeline, the Calgary-based company has just embarked on a long-haul process in which it remains an underdog.

The United States has never lost a case launched by a Canadian or Mexican company in the 22 years since the dawn of NAFTA, which allows foreign investors from the treaty’s signatories to sue governments for decisions they claim discriminate against them. More than a dozen Canadian companies have tried over the years to challenge the United States under the trade deal.

An Obama administration spokesman said on Thursday that the government had acted lawfully and that its decision was consistent with U.S. obligations under NAFTA.

One reason that may partly account for Washington’s undefeated record in NAFTA proceedings is this process for choosing arbitrators, argued Gus Van Harten, an associate professor at York University’s Osgoodge Hall Law School in Toronto. If the two sides cannot agree on a third arbitrator, the World Bank – whose president is effectively appointed by the United States – steps in and appoints one, he said.

TransCanada the underdog in NAFTA gambit over Keystone XL rejection - The Globe and Mail
 

damngrumpy

Executive Branch Member
Mar 16, 2005
9,949
21
38
kelowna bc
It is time for this country and others to stand up for their own country and stop
hiding behind NAFTA and other excuses. Trans Canada is the way to go in the
pipeline world. Produce, refine, develop our own oil reserves for the benefit of
Canadians first.
Keystone is for the betterment of a few and a foreign entity making the real
money. US refineries will make the money and the kicker is we subsidize each
barrel going south, it will be refined and exported not even used for the most
part in the States.
 

pgs

Hall of Fame Member
Nov 29, 2008
26,543
6,923
113
B.C.
It is time for this country and others to stand up for their own country and stop
hiding behind NAFTA and other excuses. Trans Canada is the way to go in the
pipeline world. Produce, refine, develop our own oil reserves for the benefit of
Canadians first.
Keystone is for the betterment of a few and a foreign entity making the real
money. US refineries will make the money and the kicker is we subsidize each
barrel going south, it will be refined and exported not even used for the most
part in the States.
Yea we should probably build a refinery right up the road from Rutland lots of undeveloped land available there .
 

petros

The Central Scrutinizer
Nov 21, 2008
108,908
11,192
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Low Earth Orbit
Yea we should probably build a refinery right up the road from Rutland lots of undeveloped land available there .

Perfect. BC is lacking capacity. Chevron Burnaby can't keep up. If you are a CO-OP member and live on Van Is you are burning gasoline or diesel or heating fuel trucked in from Regina.