Those US investors, as well as far fewer Mexican investors who invested north of the border, have had their investment stranded.
The Mexican govt won their case against the US pursuant to NAFTA Chapter 20 while the investors' claim will be pursuant to Chapter 11. Chapter 11 contains the investor protections against creeping or changing regulations.
Reagan insisted that the investor protections be included.
“NAFTA Chapter 11 is the portion of the North American Free Trade Agreement that allows investors from one NAFTA country to sue the government of another NAFTA country for actions which hurt them or their investments. Its protections include: a promise to pay full, fair and effective compensation when governments expropriate investments made in their territories; as well as a promise by NAFTA governments to provide investors from the other countries “treatment no less favourable” than that which they have given to their own investors in the North American Free Trade Area.”
Wouldn’t US investor be sueing their own country in this case?