What I mean is that the situation is the same. Social, health or environmental legislation or an expropriation that make a company lose money will not enable that company to claim it back. But the fact that the government has legislated or acted in a manner that violates national treatment, and thus non-discrimination, obligations, the minimum rights and standards of treatment under those treaties or expropriation, will enable them to make a claim. Some legislation, environmental legislation, for example, has been attacked under NAFTA as being an expropriation, as in the Metalclad affair. Expropriation can even be involved in environmental or social issues.
My point was simple. When the government passes social, environmental, economic or tax legislation, or whatever, such that it encroaches on rights granted under the treaties, it becomes guilty or liable to investors for damages. I cited the expropriation example because that's one of the classic examples in international business law. In Poland, the Chorzów plant was rendered inoperable. It wasn't expropriated, but, as a result of a number of measures that the government took, the owner could no longer operate it. That wasn't done under an international treaty; it was decided by the Permanent Court of International Justice in the 1920s, I believe. The Court held that the country was liable in that matter.
It isn't the subject matter of the legislation that renders the country liable; it's the way in which it legislates. These bilateral treaties promise investors standards of non-discrimination, of fairness, that is to say fair and equitable treatment, standards against unwarranted expropriation, fair and equitable compensation, and so on. That's the operative principle, not the subject matter. The subject matter has nothing to do with liability; it's how the government acts that renders it liable.