ABSTRACT

The empirical cases, which are invoked by its supporters to claim the validity of the hypothesis, need to be examined in order to assess the rollback hypothesis. Ethyl Corporation versus the Government of Canada is an example of an investor-to-state dispute that is most often invoked to support the roll-back hypothesis. On 14 June 1999, the Vancouver-based Methanex Corporation notified its 'intent to file' a US$970 million claim against the United States government. On 25 March 1999 the Portland-based forestry company Pope & Talbot Inc. filed a claim of over approximately US$500 million against the Government of Canada. On 30 July 1997 Metalclad Corp, a hazardous and toxic waste-management company based in Newport Beach, California, filed a claim against the Government of Mexico seeking US$96 million in damages. The Canadian Government has appealed against the tribunal's ruling before the Federal Court of Canada.