Download or read book NAFTA Chapter Eleven Reports Primary materials written by Charles H. Brower and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-along reference valuable in connection with investor-state arbitrations of all kinds. Among the documents compiled are treaties, arbitration rules, and other legal texts relied upon by arbitrators and parties. The work orders the documents in a logical, user-friendly manner, and includes a detailed index and a full bibliography.

Download or read book NAFTA Chapter Eleven Reports written by Charles H. Brower and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book NAFTA Chapter Eleven written by and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fifteen Years of NAFTA Chapter 11 Arbitration written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2011-09-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.

Download or read book Investment Disputes Under NAFTA written by Meg N. Kinnear and published by . This book was released on 2006-01-01 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3years, public and professional interest in this topic has been growing significantly. Quite simply,anyone doing business under NAFTA, or anyone representing a company doing business underNAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, KluwerLaw International's Investment Disputes Under NAFTA is the must-have resource for anyoneplanning ' or already involved in ' a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures havebeen developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only Investment Disputes Under NAFTA delivers: Article-by-Article explanations of the ins and outs of Chapter 11 A valuable collection of key case law that has been affected by Chapter 11 Accurate and thorough cross-referencing to help you quickly and easily find all relevant material Logical organization of all materials as well as a complete index and table of cases This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's Investment Disputes Under NAFTA also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case.

Download or read book Reconciling Foreign Investment Protection and Regulatory Diversity in Chapter Eleven of NAFTA written by Michelle Terezinha Grando and published by . This book was released on 2002 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Expropriation and Environmental Regulation written by Simon Baughen and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book NAFTA Chapter 11 Dispute Settlement Mechanism and Mexico written by Sergio Puig de la Parra and published by . This book was released on 2004 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book NAFTA s Chapter 11 and the Environment written by Howard Lawrence Mann and published by . This book was released on 1999 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Investment Disputes Under NAFTA written by Meg N. Kinnear and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Political Economy of NAFTA Chapter Eleven written by Frederick M. Abbott and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues regarding the NAFTA Chapter 11 investment dispute mechanism are part of a larger context of issues that arose in connection with the transformation of the GATT dispute settlement mechanism into the WTO Dispute Settlement Understanding, and were reflected in the breakdown of the OECD negotiations on a Multilateral Agreement on Investment (MAI) and the Seattle Ministerial Conference (SMC). These issues relate to multilateral and regional governance: who is authorized to make decisions, and how are those decisions made and carried out on behalf of international society? In short, there are increasing public demands for transparency, democratic representation and account-ability that, on the one side, are legitimate and useful but, on the other side, are creating tremendous stresses on multilateral governance mechanisms. At the moment, we are reaching something of a crisis point reflecting the inability of governments to make and execute policy -- a situation that demands close attention and creative solutions. The question under NAFTA is whether we have the proper institutions to serve the ECJ-type function. It is very questionable whether we do. Are we comfortable with three private arbitrators ruling on critical questions of public health, even if their decisions only involve compensation, and not changes to legislation? I suspect not, because there are no adequate provisions for transparency, continuity or appellate review (except under New York Convention public policy exceptions). The NAFTA investment chapter attempted to provide financial risk guarantees that would be attractive to the investment community, but did not build a framework strong enough to accommodate social policies. As such, there is a need to limit how far the scope of investment-related review should extend until the juridical framework of the NAFTA is made more complete.

Download or read book Foreign Investor Protection Under NAFTA Chapter 11 written by and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 11 of the North American Free Trade Agreement (NAFTA) affords various protections to investors of one signatory nation having investments in the territory of another. Such foreign-investor protections exist in the large majority of modern bilateral investment treaties, but NAFTA is different. NAFTA is apparently the only instance where such protections, including a mechanism for resolving investor-state disputes by binding arbitration, have been made available for use against the United States by countries (Mexico and Canada) that invest heavily in the U.S. NAFTA, that is, has created not only the legal possibility of investor claims against the United States, but the actual occurrence of them as well. The "actual occurrence" of several multi-million-dollar arbitration claims against the U.S. under Chapter 11 has sparked a lively debate as to the precise content of the substantive obligations it imposes on the NAFTA parties ? and as to whether the claims of foreign investors might chill enforcement of legitimate government regulation in the public interest. While the U.S. has won each of the three finally decided arbitrations to date, one could argue that the hour is still early. In response to such concerns, the Bipartisan Trade Promotion Authority Act of 2002 instructs U.S. negotiators of future trade agreements to ensure that foreign investors in this country receive "no greater substantive rights" than U.S. investors under U.S. law. The Act does not apply to NAFTA. Part I of the report summarizes the arbitration procedure used when an investor from one NAFTA party believes that another NAFTA party (or one of its political subdivisions) has breached an obligation under Chapter 11, and the investor suffered loss as a result. Part II examines one of the two most-debated Chapter 11 obligations imposed on the parties: the "fair and equitable treatment" of foreign investors. An important clarification of this phrase came in 2001, when the Free Trade Commission established under NAFTA declared that fair and equitable treatment creates no freestanding standard, but refers only to existing customary international law establishing minimum standards of treatment for aliens. However, customary international law offers few clear principles. Part III treats the other widely debated Chapter 11 provision, on indirect expropriation. A claim of indirect expropriation is made when an investor believes that his/her investment in another NAFTA country has been so severely regulated as to have been effectively expropriated. Such claims have long been recognized in international law; the importance of NAFTA is that it has given rise to a significant number of them, including, for the first time, several against the United States. As with fair and equitable treatment, the meaning of indirect expropriation is uncertain, owing to scarce precedent, though it is clear the impact must be substantial. Finally, Part IV describes the roughly 20 claims filed so far under NAFTA Chapter 11, including the six against the U.S.

Download or read book NAFTA s Chapter 11 written by Julie A. Soloway and published by . This book was released on 2003 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The United States Mexico Canada Agreement USMCA written by Leslie Alan Glick and published by Kluwer Law International B.V.. This book was released on 2020-10-19 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: On July 1, 2020, after much expectation and delay, the new United States-Mexico-Canada Agreement (USMCA)—a greatly revised version of the North American Free Trade Agreement (NAFTA) of 1994—came into effect. This timely book by the author of the preeminent guide to NAFTA and an active participant and private sector advocate in the USMCA negotiation and legislative process provides a chapter-by-chapter analysis of the new agreement, clearly describing what has changed from the earlier agreement and what is new. After a concise but expertly calibrated summary of NAFTA, the author proceeds systematically through a practical analysis of each USMCA provision, emphasizing such crucial new elements as the following: new rules on intellectual property rights; stricter rules of origin within the automotive industry; major reforms in Mexican labor laws and their enforceability; opening of Canada’s agricultural and dairy sector to more U.S. competition; entirely new chapter on digital trade; new dispute mechanisms; requirement of an increased minimum wage in auto plants; and a new chapter on environmental standards. Changes in such important aspects of trade as textiles and apparel, ownership of hydrocarbons, cross-border trade in services, and anticorruption measures are also fully described. The USMCA is a response to a United States initiative to renegotiate NAFTA. As a key regional trade agreement with vast global ramifications, familiarity with its content and rules is essential for all business, legal, policymaking, and academic parties concerned with international trade. This useful practical guide will be a welcome addition to private and corporate libraries, including corporate counsel, customs brokers, freight forwarders, logistics and import-export managers, government officials, and academics who need a thorough understanding of the new agreement.

Download or read book NAFTA Chapter Eleven and the Implications for the FTAA written by Noemi Gal-Or and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two issues have emerged from the innovation spurred by the investment chapter (Chapter 11) of NAFTA which provides for the settlement of investor-State disputes outside of the State's domestic courts. First, it represents the recognition that the legal standing of the natural and/or corporate legal person, when acting in the economic capacity of investor, is equal in international law to that of the State. Second, the inclusion of a private party-State alternative dispute resolution mechanism in an intergovernmental treaty is contradictory to the voluntary commitment by parties to such an agreement underlying this method, known as “privity of contract”. These innovations have given rise to challenges in international public law, particularly given the strong influence that this NAFTA alternative dispute resolution mechanism has exerted on many intergovernmental bilateral investment treaties and free trade agreements. If the Free Trade Area of the Americas, which is modelled on these developments, is adopted, then this will complete the institutionalization of the investor-State alternative dispute resolution innovation. It is not too late to review and debate in an in-depth manner this possibility in order to secure consistency within international public law.

Download or read book Taking Stock of NAFTA Chapter 11 in Its Tenth Year written by Jack J. Coe and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: NAFTA Chapter 11 establishes certain guarantees and an arbitral mechanism by which qualifying investors may seek damages for breach of these guarantees. This article offers an interim appraisal of the Chapter 11 investor-state arbitration regime, and the effects of this regime on NAFTA's substantive jurisprudence. The first section of the article provides an overview of NAFTA's investor-state arbitral mechanism, focusing on the broad themes of claim processing architecture, the hybrid nature (including public and private features) of Chapter 11 arbitration, the preeminence of jurisdiction-related issues, and the accessibility and importance of NAFTA jurisprudence This first section also outlines docket characteristics, the processes of NAFTA jurisprudence, reasoning methodologies, and tribunal attitudes. The second section of the article discusses popular misgivings related to the NAFTA Chapter 11 dispute resolution process, focusing on issues of standing, predictability of outcome, process transparency, tribunal accountability, effect on regulation, and the perception of alien advantage. The final section of the article discusses the various control mechanisms for Chapter 11 proceedings, outlining the positive and negative traits of these mechanisms and offering suggestions for how they can be improved. This section also discusses the system's standards for set-aside.

Download or read book Environmental Policy Implications of Investor State Arbitration Under NAFTA Chapter 11 written by Sanford E. Gaines and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have investors used NAFTA Chapter 11 to thwart the fair application of environmental protection measures? Are the compensation awards discouraging governments from taking environmental protection measures they would otherwise want to take? This report empirically reviews four arbitrations under Chapter 11 to try to answer those two questions. The case studies address the first question objectively. The government paid compensation in three cases (Metalclad, Ethyl, and S.D. Myers) in which the government had little scientific information to support its action and the surrounding circumstances strongly indicate that environmental protection was a cover for local political battles and economic motivations. In the two cases against Canada, the federal government withdrew the measure in question and the underlying environmental issue later resolved itself through changes in technology and market pressures. Nine years after Metalclad filed its case against Mexico, the ecological zone declared by the state governor to block the landfill has yet to be formally created or funded, there is no modern hazardous waste disposal capacity in industrialized central Mexico, pre-existing environmental contamination at the site still has not been cleaned up, and Mexico has had to compensate a Spanish investor in a similar case. In the fourth NAFTA arbitration, Methanex (a Canadian methanol producer), the investor was held not to have a claim under Chapter 11 because the regulation affected a product made by others with methanol, not methanol itself. Moreover, the Chapter 11 tribunal concluded that California had identified a legitimate environmental problem and conducted independent scientific assessment before adopting the MTBE ban, and thus had not acted with deliberate intent to favor a domestic competitor. The answer to the second question - Is Chapter 11 "chilling" government environmental protection efforts? - is more elusive and subjective, but the report infers from the available evidence that the chilling effect, if it exists at all, is not significant. After Metalclad, Mexico improved environmental regulation with new legislation to establish a national strategy for management of hazardous waste and to improve transparency of public decision making. The circumstances in Canada are less clear, but Ethyl's fuel additive is scarcely used any more in Canada, and the handling of PCB wastes involved in S.D. Myers has shifted to technologies besides stationary incinerators. In the United States, the Methanex Chapter 11 claim did not dissuade other states from following California in banning MTBE. Moreover, the dismissal of the Methanex claim shows that Chapter 11 does not create an easy route to challenge environmental measures. After the four early cases studied here, only one Chapter 11 claim in the last five years involves substantive matters of environmental regulation. Meanwhile, the governments have made Chapter 11 procedures significantly more open and transparent.