JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL

In a joint submission to the tribunal in the Methanex v. United States arbitration, several amici argue that legitimate environmental regulations, similar to public health measures, fall under the 'police powers' rule and are therefore non-expropriatory. They contend that international law has evolved to recognize environmental protection as a legitimate state function that does not require compensation for resulting economic losses, provided the measures are non-discriminatory.

• The amici argue that bona fide environmental protection measures are non-expropriatory under international law, asserting that there is no limitation on the police powers rule that should exclude such measures.
• The submission claims that older legal formulations of police powers—originally focused on "public health, safety and morals"—must be updated to reflect the modern rise of environmental protection in domestic and international law.
• The amici cite precedents from the International Court of Justice (Gabcikovo/Nagymaros Case) and the WTO Appellate Body (United States – Shrimp case) to support the view that treaty obligations and legal interpretations must evolve alongside contemporary environmental awareness.
• The document distinguishes between regulatory measures and the outright taking of property; it acknowledges that while bona fide regulations are non-compensable, the transfer of property titles (e.g., taking land for a national park) would still require compensation.

APA

International Institute for Sustainable Development (2004). JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL. https://www.iisd.org/system/files/publications/trade_methanex_post_hearing_submissions.pdf

Chicago

International Institute for Sustainable Development. JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL. 2004. https://www.iisd.org/system/files/publications/trade_methanex_post_hearing_submissions.pdf.

Wikipedia

{{cite report |author=International Institute for Sustainable Development |title=JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL |date=29 June 2004 |url=https://www.iisd.org/system/files/publications/trade_methanex_post_hearing_submissions.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{internationalinstituteforsustainabledevelopment2004joint, author = {{International Institute for Sustainable Development}}, title = {{JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL}}, institution = {International Institute for Sustainable Development}, year = {2004}, month = jun, url = {https://www.iisd.org/system/files/publications/trade_methanex_post_hearing_submissions.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }