The Iran-United States Claims Tribunal, NAFTA Chapter 11, and the Doctrine of Indirect Expropriation

This essay takes its cue from the recent Interim Award rendered under Chapter 11 of the North American Free Trade Agreement ("NAFTA") on June 26, 2000 in Pope & Talbot, Inc v Canada. Pope & Talbot implied that the awards of the Iran-United States Claims Tribunal concerning expropriation were not relevant to the interpretation of the expropriation provisions of Chapter 11 of NAFTA. My aim here is to explain why, contrary to this suggestion, the precedents of the Iran-United States Claims Tribunal are legitimate and helpful sources of law in NAFTA Chapter 11 disputes.