When does government action purporting to protect and preserve natural resources become acompensatory expropriation under aninvestment treaty? The issue of takingsand environmental protection has longbeen discussed as a matter of domesticconstitutional jurisprudence, withfascinating parallels and differenceswhen the subject of a dispute underinternational law. In this program, presented by the ABA International Law Section, experts from different sectors willexamine recent developments in freetrade agreements, trade policy andinternational arbitrations, includingthe recent ICSID case Biwater Gauff v.Tanzania, involving the privatizationof a water concession, and the ongoingNAFTA Chapter 11 case, Glamis Goldv. United States, in which a Canadianmining conglomerate, Glamis Gold,Ltd., has brought a $50 millionclaim against the U.S. arising out ofa dispute over a proposed gold minein northern California. The panel ofexperts will explore the developmentof regulatory expropriation law inthe hotly-contested and high-stakesarena of environment and naturalresource protection.
WilmerHale partner Ethan Shenkman will be a featured speaker at this conference. On April 17th, he will speak on the topic of "When is Environmental Protection a Taking Under International Law? Regulatory Expropriation, Investment Treaty Arbitration and Natural Resources Disputes."
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