NAFTA Lawsuit

[indago]

From Bloomberg News 25 June 2016:
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TransCanada Corp. is seeking to recoup $15 billion for the Obama administration’s rejection of the Keystone XL oil pipeline, in a legal claim that highlights how foreign companies can use trade deals to challenge U.S. policy. The Calgary-based pipeline operator filed papers late Friday seeking arbitration under the North American Free Trade Agreement...

...President Barack Obama last November determined that the pipeline, which would have carried Canadian oil sands crude to the U.S. Gulf coast, wasn’t in the national interest. In response, TransCanada in January vowed to use arbitration provisions in Chapter 11 of Nafta to recover costs and damages.
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[Moonglow]

Article 1106: Performance Requirements

1. No Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

1. 
   (a) to export a given level or percentage of goods or services;
   (b) to achieve a given level or percentage of domestic content;
   
   (c) to purchase, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from persons in its territory;
   
   (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
   
   (e) to restrict sales of goods or services in its territory that such investment produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
   
   (f) to transfer technology, a production process or other proprietary knowledge to a person in its territory, except when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal or competition authority to remedy an alleged violation of competition laws or to act in a manner not inconsistent with other provisions of this Agreement; or
   
   (g) to act as the exclusive supplier of the goods it produces or services it provides to a specific region or world market. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
2. 
   
3. 
   
4. It does allow the need to transfer goods, but there is no guarantee by the governing powers that the vehicle for such will be authorized if the foreign nation doesn't approve on environmental concerns..