ATTRIBUTION OF THE ACTS OF THE JRP TO THE RESPONDENT Sample Clauses

ATTRIBUTION OF THE ACTS OF THE JRP TO THE RESPONDENT. 1. The Respondent’s Position 283. The Respondent accepts that it is responsible for the acts of the following entities: the DFO, the Agency and NSDEL. There is also no dispute that Canada is responsible as a matter of international law for the acts of the Minister of Fisheries and Oceans, the Minister of the Environment or the Nova Scotia Minister of Environment and Labour when they act in their Ministerial capacities. Finally, there is no dispute between the Parties that Canada is responsible for the acts of Nova Scotia, one of its constituent political subdivisions.330 284. However, in respect of the Investors’ claim concerning the JRP, the Respondent advances four main arguments, referring to NAFTA Articles 1101 and 1116. First, the Respondent argues that the JRP is not an organ of the Government of Canada nor are the members of the JRP agents of the CEA Agency.331 Secondly, the JRP was not acting in a governmental authority in its role vis a vis the Investors’ project.332 Thirdly, the JRP was not acting under the instructions or effective control of Canada when it committed the complained-of acts. Fourthly, Respondent has not acknowledged or adopted any of the complained-of acts as its own.
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