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Taking Stock Of Nafta Chapter 11 In Its Tenth Year, Jack J. Coe, Jr.
Taking Stock Of Nafta Chapter 11 In Its Tenth Year, Jack J. Coe, Jr.
Vanderbilt Journal of Transnational Law
The North American Free Trade Agreement (NAFTA) came into force on January 1, 1994. Its Eleventh Chapter establishes substantive guarantees and an arbitral mechanism by which qualifying investors may seek damages for breach of those guarantees. The much-discussed investor-state arbitration apparatus was first invoked in September 1996, and since then has been resorted to several times against each NAFTA state. Many cases have concluded, while others are nearing completion. Though a mature jurisprudence has by no means emerged, substantive trends have been established and several of Chapter l's distinctive features, strengths, and weaknesses have been illuminated.
NAFTA's investor-state docket has …