On Loewen

Maybe its just me; but the result in Loewen, a major decision by a distinguished NAFTA Tribunal, is not so remarkable, other than its length. Indeed the facts of the Mississippi trial are scary and outrageous. But as long as a State provides due process which including a meaningful internal system of review in the judiciary, the matter is not an international wrong redressable by treaty and persons not accounted for by the electorate.

First posted on LinkedIn 14th February 2018

Loewen Group vs USA