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Electronic Briefing
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Read the press release for Trading Democracy
Read the transcript of Bill Moyers Reports: Trading Democracy, as aired 5 February 2002 on PBS
Streaming Video Clips from Trading Democracy
William Greider of The Nation on the powers that Chapter Eleven gives to foreign corporations.
California Senator Shiela Kuehl, Chair of the legislature's International Trade Policy Committee, and Martin Wagner, attorney for Earthjustice Legal Defense Fund on MTBE and Methanex.
Senator Shiela Kuehl, and William Greider on the implications of the Methanex case.
Edwin Williamson, legal counsel to State Department when NAFTA was negotiated, on the Metalclad case in Mexico.
Edwin Williamson and Charles "Chip" Roh, Deputy Chief Negotiator of NAFTA, on NAFTA challenges to jury verdicts.

Compiled by Public Affairs Television and Washington Media Associates for "Bill Moyers Reports" produced by Sherry Jones and broadcast 5 February 2002 on PBS

National Security Archive Electronic Briefing Book No. 65
Edited by Thomas Blanton and Michael L. Evans
Posted 5 February 2002

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The PBS documentary Bill Moyers Reports: Trading Democracy, which premieres tonight, February 5, at 10 p.m. Eastern time (local times may vary) exposes an obscure provision of the North American Free Trade Agreement (NAFTA) that has given multinational corporations the power to demand compensation if a law of any one of the three NAFTA countries – the United States, Mexico or Canada – threatens their potential profits.  Laws designed to protect the environment or public health, the decisions of states or local communities - even jury verdicts - can prompt a corporation to file a lawsuit.  But instead of bringing claims through the court system, these NAFTA Chapter 11 cases are heard by trade tribunals that meet in secret, without public participation or oversight.  And although the rulings can mandate millions of tax dollars in compensatory payments, NAFTA makes no provision for a full appeal to US courts – and sets no caps on the amount of damages that can be awarded. 

The National Security Archive is posting today on the Web internal documents from the NAFTA secret tribunals that were obtained by the Moyers team, led by producer Sherry Jones.  The documents consist of legal briefs, witness statements, and actual rulings from two of the three cases that are explored in tonight’s broadcast.  The cases examined in the documentary include a pending $970 million claim filed by a Canadian company called Methanex against the U.S., a successful claim brought by the American company Metalclad against the Mexican government in a dispute over a toxic waste dump (Mexico was compelled to pay $16 million to Metalclad), and the first Chapter 11 case brought by a company dissatisfied with the verdict of an American jury (Loewen v. U.S.).  The Moyers team obtained the Loewen documents through a Freedom of Information Act request to the Civil Division of the U.S. Department of Justice, while the government of Mexico and the Metalclad Corporation each voluntarily provided their respective filings.

The complete transcript of Trading Democracy is also reproduced with permission of the program producer: Public Affairs Television in association with Washington Media Associates – together with five streaming video excerpts (see sidebar) and today’s press release describing the documentary.

I. Partial document file for Metalclad v. Mexico
Appeal decision by British Columbia Supreme Court Justice Tysoe 2 May 2001 (link)
Tribunal award 25 August 2000 (43 pages)
Appeal transcripts from proceedings 19 February through 2 March 2001
19 February 2001 (83 pages)
20 February 2001 (94 pages)
21 February 2001 (91 pages)
22 February 2001 (213 pages)
23 February 2001 (147 pages)
26 February 2001 (97 pages)
27 February 2001 (215 pages)
28 February 2001 (224 pages)
1 March 2001 (170 pages)
2 March 2001 (174 pages)
Petitioner’s outline of argument (Mexico’s appeal), 5 February 2001 (177 pages)
Rejoinder by Mexico to Metalclad’s Reply of 28 September 1998 (135 pages)
Expert Report by Kevin Dages (on behalf of Mexico) 14 February 1998 (111 pages)
Altamirano (12 pages)
Azuela de la Cueva (12 pages)
Bejerano (6 pages)
Borner (3 pages)
Carabias (9 pages)
Hermosillo (9 pages)
Exhibit 1 (3 pages)
Exhibit 2 (19 pages)
Exhibit 3 (31 pages)
Exhibit 4 (8 pages)
Exhibit 5 (19 pages)
Exhibit 6 (5 pages)
Medellin (18 pages)
Milan (4 pages)
Nunez (4 pages)
Orta (1 page)
Palomo (7 pages)
Ramos (6 pages)
Robertson (13 pages)
Romo, Father Aurelio (4 pages)
Romo, Juan Antonio (2 pages)
Sanchez Unzueta (25 pages)
Jones, Ambassador James (5 pages)
Kesler, 30 September 1997 (22 pages)
Kesler, 10 August 1998 (27 pages)
Neveau (18 pages)
Rodarte (12 pages)
Kesler (183 pages)
Neveau (67 pages)
Ramos (81 pages)
Sanchez Unzueta (94 pages)
II. Document file from The Loewen Group, Inc. and Raymond L. Loewen v. United States of America, ICSID Case No. ARB(AF)/98/3. [Source: Freedom of Information Act request to the Civil Division, U.S. Department of Justice]
Notice of Claim (by Loewen & Loewen Group), 30 October 1998 (74 pages)
Memorial (by Loewen Group), 18 October 1999 (160 pages)
Memorial (by Ray Loewen), 18 October 1999 (72 pages)
Jurisdiction Memorial (by the U.S.), 15 February 2000 (104 pages)
Jurisdiction Submission (by Ray Loewen), 25 May 2000 (49 pages)
Jurisdiction Submission (by Loewen Group), 26 May 2000 (64 pages)
Jurisdiction Response (by the U.S.), 7 July 2000 (106 pages)
Jurisdiction Final Submission (by Ray Loewen), 27 July 2000 (39 pages)
Jurisdiction Final Submission (by Loewen Group), 27 July 2000 (67 pages)
Jurisdiction Ruling (by ICSID Tribunal), 5 January 2001 (24 pages)
Counter Memorial (by the U.S.), 30 March 2001 (194 pages), with Exhibits & Witness Statements
Opinion of Christopher Greenwood (44 pages)
Opinion of Richard B. Bilder (54 pages)
Statement of Stephan Landsman (58 pages)
Reply (by Loewen & Loewen Group), 8 June 2001 (224 pages), with Witness Statements
Opinion by Sir Ian Sinclair (74 pages)
Statement of Armis E. Hawkins (32 pages)
Rejoinder (by the U.S.), 27 August 2001 (162 pages), with Witness Statement (by jury foreman)
Second Opinion of Christopher Greenwood (50 pages)
Statement of W. Joel Blass (18 pages)
Supplemental Statement of Jack F. Dunbar (20 pages)
Declaration of Glenn Millen (4 pages)
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