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The Final Award In Feldman V. Mexico

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Chapter Summary

This chapter examines the tribunal award in the case of Feldman v. Mexico. It analyzes the tribunal's reasoning in reaching many of its conclusions, including its main decisions on expropriation and discrimination. The chapter draws attention to numerous flaws in the reasoning of the Feldman award, from the use of equivocal language and apocryphal principles to inapposite arguments and fallacious logic. It also questions the tribunal's efforts to scrutinize the parties' claims and its efforts to show how the standards used fit the facts of the case. Moreover, the chapter claims that North American Free Trade Agreement (NAFTA) does not generally deviate from the exhaustion of local remedies rule of international law. Finally, it suggests at various points that the tribunal fails to recognize a crucial dispositive element of this case: Corporación de Exportaciones Mexicanas, S.A. de C.V. (CEMSA) does not qualify as an investment in accordance with NAFTA.

Keywords: CEMSA; discrimination; expropriation; Feldman; international law; Mexico; North American Free Trade Agreement (NAFTA)

10.1163/ej.9789004166325.i-373.17
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