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Pope & Talbot v. Canada

Type of decisionAward in respect of damages
Date of decision31 May 2002
John Murray Dervaird (President)
Benjamin J. Greenberg
Murray J. Belman
Legal instrumentNorth American Free Trade Agreement
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Statements from this decision

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Customary international law does not require a state measure to be “egregious” in order to constitute an international delinquency
State practice as a requirement of customary international law is represented by IITs
Fixed costs, such as management time, do not constitute a casual damage
The provisions in an IIT are an independent basis for determining interest
The interpretation by the Free Trade Commission regarding Article 1105 does not require the concepts of fair and equitable treatment and full protection and security to be ignored, but to be considered as part of the minimum standard of treatment
An investor may claim loss or damage to its interest in an enterprise under Article 1116
Article 1135 is an independent basis for determining interest
Tribunals decide whether the Free Trade Commission acted within the limits of Article 2001
According to Article 2001(2), the authority of the Free Trade Commission is limited to the interpretation of the treaty and does not allow for an addition or modification


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