Nafta Chapter Eleven Arbitral Tribunal: Methanex Corporation V. United States of America, Final Award on Jurisdiction and Merits

2005 ◽  
Vol 44 (6) ◽  
pp. 1345-1464 ◽  

The Claimant, Methanex Corporation (“Methanex“), initiated this arbitration against the Respondent, the United States of America (the “USA“), on 3rd December 1999 under Chapter 11 of the North American Free Trade Agreement (“NAFTA“), as a Canadian investor. As formulated in its Original Statement of Claim of 3rd December 1999, Methanex claimed compensation from the USA in the amount of approximately US$ 970 million (together with interest and costs), resulting from losses caused by the State of California's ban on the sale and use of the gasoline additive known as ‘ ‘MTBE'’ (methyl tertiary-butyl ether) which was then intended to become legally effective on 31st December 2002. MTBE is a synthetic, volatile, colourless and organic ether, with a turpentine-like taste and odour. Methanex was (and remains) the world's largest producer of methanol, a feedstock for MTBE. It has never produced or sold MTBE.

2022 ◽  
Vol 3 (1) ◽  
pp. 137-145
Author(s):  
Alberto Merced Castro Valencia

This article examines the evolution of the monetary policy of the economies that make up the North American Free Trade Agreement ( NAFTA ), for the period 1980-2015. Based on an empirical analysis, which includes the scrutiny of stylized facts of the monetary variables of Canada, the United States and Mexico, causality tests Granger quality and error correction models ( VEC ), it is concluded that, in parallel to the trade integration process of these countries, the monetary side of NAFTA exhibits divergences and convergences that imply an asymmetric integration of the economy Mexican with the United States and, to a lesser extent, with Canada.


Author(s):  
Attarid Awadh Abdulhameed

Ukrainia Remains of huge importance to Russian Strategy because of its Strategic importance. For being a privileged Postion in new Eurasia, without its existence there would be no logical resons for eastward Expansion by European Powers.  As well as in Connection with the progress of Ukrainian is no less important for the USA (VSD, NDI, CIA, or pentagon) and the European Union with all organs, and this is announced by John Kerry. There has always ben Russian Fear and Fear of any move by NATO or USA in the area that it poses a threat to  Russians national Security and its independent role and in funence  on its forces especially the Navy Forces. There for, the Crisis manyement was not Zero sum game, there are gains and offset losses, but Russia does not accept this and want a Zero Sun game because the USA. And European exteance is a Foot hold in Regin Which Russian sees as a threat to its national security and want to monopolize control in the strategic Qirim.


2005 ◽  
Vol 8 (36) ◽  
pp. 67-73
Author(s):  
Scot M Peterson

The penitentiary in the United States of America originated as a religious institution. Its roots lie in the belief that inmates could reform if they were given an opportunity to engage in reflection, prayer, Bible-reading and work, thus establishing a new personal foundation for functioning as productive members of the larger society. Not surprisingly, given American's predilection for maintaining a secular civil society, this original foundation for the prison eventually fell from favour, and American penological theories became more sociological or psychological in nature. The fact remains, however, that society in the United States is broadly religious, and prisons continue to address the religious beliefs of inmates and how to accommodate those beliefs in a penological setting. This comment provides a case study on this topic, based on littigation concerning the provision of kosher food to Orthodox inmates in the prisons in Colorado.


2021 ◽  
pp. 088506662110668
Author(s):  
Asha Singh ◽  
Chen Liang ◽  
Stephanie L. Mick ◽  
Chiedozie Udeh

Background The Cardiac Surgery Score (CASUS) was developed to assist in predicting post-cardiac surgery mortality using parameters measured in the intensive care unit. It is calculated by assigning points to ten physiologic variables and adding them to obtain a score (additive CASUS), or by logistic regression to weight the variables and estimate the probability of mortality (logistic CASUS). Both additive and logistic CASUS have been externally validated elsewhere, but not yet in the United States of America (USA). This study aims to validate CASUS in a quaternary hospital in the USA and compare the predictive performance of additive to logistic CASUS in this setting. Methods Additive and logistic CASUS (postoperative days 1-5) were calculated for 7098 patients at Cleveland Clinic from January 2015 to February 2017. 30-day mortality data were abstracted from institutional records and the Death Registries for Ohio State and the Centers for Disease Control. Given a low event rate, model discrimination was assessed by area under the curve (AUROC), partial AUROC (pAUC), and average precision (AP). Calibration was assessed by curves and quantified using Harrell's Emax, and Integrated Calibration Index (ICI). Results 30-day mortality rate was 1.37%. For additive CASUS, odds ratio for mortality was 1.41 (1.35-1.46, P <0.001). Additive and logistic CASUS had comparable pAUC and AUROC (all >0.83). However, additive CASUS had greater AP, especially on postoperative day 1 (0.22 vs. 0.11). Additive CASUS had better calibration curves, and lower Emax, and ICI on all days. Conclusions Additive and logistic CASUS discriminated well for postoperative 30-day mortality in our quaternary center in the USA, however logistic CASUS under-predicted mortality in our cohort. Given its ease of calculation, and better predictive accuracy, additive CASUS may be the preferred model for postoperative use. Validation in more typical cardiac surgery centers in the USA is recommended.


2022 ◽  
Vol 124 ◽  
pp. 207-238
Author(s):  
Elżbieta Nowosielska

This article discusses serialised novels published before 1918 in the Polish émigré press in the United States of America. These works were a popular feature of dailies and weeklies, but the periodicals’ regular financial difficulties meant that it was books published several years or indeed several decades earlier in Europe which were most often serialised. Consequently, most of the works that appeared in the periodicals failed to reflect contemporary literary trends while also overlooking subjects relevant to the everyday lives of Poles abroad. Still, the prevailing patriotic and historical themes complemented the values that many editorial boards subscribed to.


Author(s):  
Earl H. Fry

This article examines the ebb and flow of the Quebec government’s economic and commercial relations with the United States in the period 1994–2017. The topic demonstrates the impact of three major forces on Quebec’s economic and commercial ties with the US: (1) the North American Free Trade Agreement (NAFTA) which became operational in 1994 and was fully implemented over a 15-year period; (2) the onerous security policies put in place by the US government in the decade following the horrific events of 11 September 2001; and (3) changing economic circumstances in the United States ranging from robust growth to the worst recession since the Great Depression of the 1930s. The article also indicates that the Quebec government continues to sponsor a wide range of activities in the United States, often more elaborate and extensive than comparable activities pursued by many nation-states with representation in the US. 1 1 Stéphane Paquin, ‘Quebec-U.S. Relations: The Big Picture’, American Review of Canadian Studies 46, no. 2 (2016): 149–61.


1996 ◽  
Vol 22 (1) ◽  
Author(s):  
G. K. Huysamen

In an earlier article, the psychometrics of various fair selection models that had been proposed in the United States of America in the late 1960s, early 1970s were presented. The purpose of the present article is to discuss the subsequent history of the application of these models in personnel selection in that country and to view its implications for the South African situation. Because the question of fair selection models ties in with the issue of affirmative action, a brief history of this issue as it pertains to personnel selection is also given. Key decisions of the American Supreme Court that have a bearing on this matter are also reviewed. The failure to widely apply these fair selection models may be attributed to the prevalent socio-political context which favours the preferential treatment of certain groups but is hesitant to specify the particulars and limits of such treatment. Opsomming 'n Vorige artikel het die psigometi-ika onderliggend aan verskeie billike keuringsmodelle wat in die laat sestigerjare, vroee sewentigerjare in die Verenigde State van Amerika voorgestel is, behandel. Die doel met die onderhawige artikel is om 'n oorsig te verskaf van die daaropvolgende geskiedenis van die toepassing van daardie modelle in personeelkeuring in daardie land, en om die implikasies daarvan vir die Suid-Afrikaanse situasie te belig. Omdat die aangeleentheid van billike keuringsmodelle verband hou met die kwessie van regstellende aksie, word 'n bondige geskiedenis van hierdie kwessie soos dit op personeelkeuring van toepassing is, ook verskaf. Sleutel-uitsprake van die Amerikaanse Hooggeregshof wat betrekking het op hierdie aangeleentheid word ook beskou. Die beperkte toepassing van hierdie billike keuringsmodelle kan toegeskryf word aan die heersende sosio-politieke konteks wat die voorkeurbehandeling van bepaalde groepe voorstaan, maar wat huiwerig is om die besonderhede en perke van sodanige behandeling te spesifiseer.


2020 ◽  
Vol 4 (12) ◽  
pp. 126-149
Author(s):  
D. V. GORDIENKO ◽  

The paper assesses the impact of the middle East component of the policy of the United States of America, the people's Republic of China and the Russian Federation on ensuring the national security of these countries. We propose an approach to comparing this influence, which allows us to identify the priorities of Russia's policy in the middle East and other regions of the world. The results of the work can be used to justify recommendations to the military and political leadership of our country. It is concluded that the middle East component of the policy of the United States, China and Russia is gaining a significant role in the implementation of the current economic and military policies of the countries of the middle East region.


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