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TecMed vs Mex (Issues (Fair and equitable treatment FET (Although it was…
TecMed vs Mex
Issues
- Promote admission of investments
- Full protection and security
- Fair and equitable treatment FET
Although it was renewable each year (risk accepted by TecMed), TecMed had legitimate expectations that has made a long term investment
Breaches by TecMed were minors and public comotion were regarded Landfill's location rather than some wrongdoing
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- Most favourable treatment
- Expropriation with no compensation
Permanently and irreversibly neutralized or destroyed the economic value of the use, enjoyment or disposition of the investor's assets or rights
- Equal treatment to national and international investors
Facts
- Tecmed purchased a hazardous waste landfill in 1996 for 34 MM pesos
- Permit was granted to TecMed to operate (renewable each year)
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- TecMed breached the Permit's terms and was investigated and fined
- Strong community response led TecMed and government to study the relocation of the landfill
- The first renewal of the Permit was granted, but the second wasn't and TecMed was asked to close the facility
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5.2. Landfill didn't have the authority to serve as a transfer center (required while the new location wasn't defined)
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