JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL

This joint post-hearing submission by four amici (IISD, CBE, Bluewater Network, and CIEL) argues that the tribunal in the Methanex v. United States arbitration should recognize that bona fide environmental protection measures are non-expropriatory under international law, similar to public health measures.

• The amici argue that the 'police powers' rule, which excludes certain state actions from being classified as expropriation, should be interpreted to include bona fide environmental protection measures, not just those related to public health, safety, and morals.
• The submission asserts that international law has evolved to recognize environmental protection as a legitimate exercise of state power, citing the International Court of Justice (ICJ) and the WTO Appellate Body as examples of bodies that adjust older legal formulations to reflect contemporary environmental concerns.
• The amici maintain that recognizing environmental measures as non-expropriatory does not eliminate the requirement for compensation in cases where there is an actual transfer of property title, such as taking land to create a national park.
• The document notes that Canada and Mexico, in their respective Article 1128 submissions, support the principle that non-discriminatory regulatory measures taken to protect the public interest or the environment are not expropriatory.

APA

Center for International Environmental Law (2004). JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL. https://www.ciel.org/wp-content/uploads/2015/05/Methanex_PHSub_29June04.pdf

Chicago

Center for International Environmental Law. JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL. 2004. https://www.ciel.org/wp-content/uploads/2015/05/Methanex_PHSub_29June04.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL |date=29 June 2004 |url=https://www.ciel.org/wp-content/uploads/2015/05/Methanex_PHSub_29June04.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2004joint, author = {{Center for International Environmental Law}}, title = {{JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL}}, institution = {Center for International Environmental Law}, year = {2004}, month = jun, url = {https://www.ciel.org/wp-content/uploads/2015/05/Methanex_PHSub_29June04.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }