PART I-OVERVIEW

1. Chapter Eleven of the North American Free Trade Agreement (the "NAFT A") promotes investment in the territory of a NAFTA Party by investors from other NAFTA Parties. To protect such foreign investments, the NAFT A Parties granted limited and exceptional remedies under Chapter Eleven to individual investors. By granting damages for Cargill's investments in its home state the tribunal and appellate court below failed to discern and apply the limited and exceptional jurisdiction intended by the NATF A Parties for Chapter Eleven. This issue of jurisdiction is of public importance because it significantly expands the scope of damage claims that can be asserted by investors, and provides protections to investments without any corresponding benefit to the host NAFT A State. This interpretation may also undermine the legitimacy and stability of Canada's extensive network of international investment protection, whose provisions mirror those of Chapter Eleven. The Attorney General of Canada therefore supports the granting of leave to appeal respecting the jurisdictional limits of Chapter Eleven.