Law suits to find actionable EHS rights in international trade law may be looking to:
– The North American Free Trade Agreement (NFTA).
Lone Pine Resources Inc v the Government of Canada is an example.
This claim uses NAFTA Chapter 11 to sue Canada for losses alleged to arise for Lone Pine due to “Quebec’s arbitrary, capricious, and illegal revocation” of the company’s “valuable right to mine for oil and gas under the St. Lawrence River.” Chapter 11 of NAFTA allows private companies to sue governments (party to the agreement) when laws (later enacted) hurt their expected profits (investor protection).
– The Transatlantic Trade and Investment Partnership (TTIP).
TTIP is not yet agreed, the status of negotiations from the EU perspective is here.
These actions may be additional to those brought to the International Centre for Settlement of Investment Disputes (ICSID) under the World Bank ICSID Convention – information about the work of the ICSID is here.