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Despite some incremental changes, CAFTA’s investment rules are similar to NAFTA’s Chapter hot latinas 11, which has given foreign investors broad rights that do not exist under U.S. law. Both Mexico and Canada have lost Chapter 11 challenges to environmental protections, and the U.S. faces hot latinas suits totaling more than $1 billion. The Trade Act of 2002 requires that foreign investors receive “no greater substantive rights” than U.S. citizens have under U.S. law. CAFTA’s investment rules fail to meet this congressional mandate: the agreement provides foreign investors with rights and privileges that go significantly beyond U.S. law, and the few U.S. standards the agreement purports to incorporate are left vague and unclear. Further, CAFTA includes language that would allow foreign investors to challenge government decisions about natural resource agreements, such as federal oil, gas, and mineral leases. As a result, foreign companies could challenge royalty payments and other requirements before international tribunals, not U.S.
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