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Investment Agreements in the Western Hemisphere: A Compendium

Trade and Integration Agreements


V. Expropriation | A. Conditions

North American Free Trade Agreement (NAFTA)

No party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take measures tantamount to nationalization or expropriation of such an investment, except: for a public purpose; on a non-discriminatory basis; in accordance with due process of law and in accordance with international law, including fair and equitable treatment and full protection and security; and, on payment of compensation. (Article 1110 (1)).

Free Trade Agreement of the Group of Three among Mexico, Colombia, and Venezuela (Group of Three)

No party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take measures tantamount to nationalization or expropriation of such an investment, except: for a public purpose; on a non-discriminatory basis; in accordance with due process of law and in accordance with international law, including fair and equitable treatment and full protection and security; and, on payment of compensation. (Article 17-08(1)).

Common Market of the South (MERCOSUR)

Members
Investments shall not be expropriated or nationalized or subject to any other measures of similar effect, except if it is done:
. for a public purpose;
. in a non-discriminatory manner;
. in accordance with due process of law; and,
. upon payment of prompt, adequate and effective compensation. (Article 4 of the Colonia Protocol).

Non-Members
Investments shall not be expropriated or nationalized or subject to any other measures of similar effect, except if it is done:
. for a public purpose or social interest;
. in a non-discriminatory manner;
. in accordance with due process of law; and,
. upon payment of just, adequate and prompt compensation.
(Article 2(D) (1) of the Buenos Aires Protocol).

Andean Pact


Caribbean Community and the Caribbean Common Market (CARICOM)

Nationalisation of investments shall only be undertaken where it is in the host country's broad national interest. (1982 Principles and Guidelines on Foreign Investment).

 
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