Previously confidential documents from the Clinton era are being released now and then. I'm keeping an eye out for items that relate to international economic law. Here are two recent ones from the Loewen NAFTA case:
I haven't read them yet -- they are long. Feel free to mention it in the comments if you see anything interesting in there.
ADDED: My friend Luke Peterson points me to this nugget on p. 122 (of the PDF) of the first document, which appears to come from a DOJ summary of its views of the case:
The tribunal's assertion of jurisdiction in Loewen would establish a dangerous precedent whereby the U.S. could face international arbitration with respect to any state or federal court judgment adversely affecting the interests of foreign fnvestors and, as a result, would likely generate a great deal of political hostility toward the NAFTA and other international agreements. Given that the U.S. is alone in its recognition of large punitive damage awards, we believe that the cost to the U.S. of allowing challenges to our court judgments far outweighs the benefits that U.S. investors may gain from being permitted to challenge 'foreign court judgments. A case such as Loewen highlights that the NAFTA provides foreign investors with more rights than Americans have and arguably gives foreign companies an advantage over domestic companies. While this may be true under any reading of the NAFTA, State's and USTR's view substantially expands the rights given to foreign investors that are not possessed by U.S. investors and corporations domestically. In any event, our interpretation will not cause a significant loss of protection for U.S. investors abroad because executive action, including an enforcement action, that results in a court judgment would still be a "measure" subject to the NAFTA.
