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Haydn Davies

following considerable disquiet about the scope of that decision and its effect on Mexican municipal sovereignty. Although Mexico is not a signatory to the ICSID Convention, the appeal was possible because Mexico had nonetheless elected to use ICSID (under the Additional Facility Rules) to determine its NAFTA dispute over a hazardous waste site with U.S. and Canadian investors in Metalclad Inc. The paper will examine just one aspect of ISDS, but one which has profound implications for regulatory sovereignty in nation states. At issue is the question of whether BITs and

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Robert G. Natelson

the purpose; Id . § 19 & § 30. – prescribed oaths for post office personnel; Id . § 25 & 41. – authorized the king or queen to fix further regulations; Id . § 27. – regulated ferry men in North America and imposed mandates on them; Id . § 29. and – disqualified postal personnel from parliamentary politics. Id . § 44. Thus, the statutory title’s reference to “establishing a General Post-Office” signified creating an entire postal system, with all its elements. During the period between this statute’s passage and the Constitution