From Google today:NAFTA dispute resolution provision relates to disputes between the parties to NAFTA (i.e. Canada, US and Mexico). Kinder Morgan (previous owner of TMX) is not a party to NAFTA). For example, when the US slapped duties on Canadian softwood lumber, Canada could use the dispute resolution provision to challenge those duties - has nothing to do with companies challenging a country.
Chapter 19 allows companies that feel their products have been unfairly hit with anti-dumping or countervailing duties to request arbitration.
Chapter 11 establishes a framework of rules and disciplines that provides investors from NAFTA countries with a predictable, rules-based investment climate, as well as dispute settlement procedures which are designed to provide timely recourse to an impartial tribunal.
NAFTA will regulate areas far beyond the traditional focus of trade agreements, including issues ranging from investment to intellectual property and public health.
From page 91 of this article: https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1344&context=djcil
In NAFTA, the GATT provision was incorporated by prohibiting environmental regulations from presenting "unnecessary obstacles" to trade.






