Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Old Wine, New Skins: Nafta And The Evolution Of International Trade Dispute Resolution, Andrew Kayumi Rosa
Old Wine, New Skins: Nafta And The Evolution Of International Trade Dispute Resolution, Andrew Kayumi Rosa
Michigan Journal of International Law
This Note examines NAFTA's effort in meeting the needs of the moment (i.e., North American integration) and those of the future (i.e., hemispheric integration) regarding the issue of dispute resolution. Dispute resolution is key to any trade agreement; without an effective means of settling specific disputes and enforcing provisions generally, parties will have a little incentive to honor their trade commitments. Moreover, ineffective dispute resolution hurts smaller, less developed countries in agreements with larger, more developed countries, because the larger countries will be tempted to use their economic leverage to solve disputes to the disadvantage of the smaller ones. A …
U.S. Bilateral Investment Treaties: The Second Wave, Kenneth J. Vandevelde
U.S. Bilateral Investment Treaties: The Second Wave, Kenneth J. Vandevelde
Michigan Journal of International Law
This Article describes and appraises the second wave of negotiations. It functions as a sequel to an earlier article that described the first ten years of the program. Although the second wave of negotiations continues, and thus any conclusions about it necessarily are tentative, the second wave already has developed a variety of characteristics that distinguish it from the first wave. The goal of this Article is to identify the ways in which the second wave appears to differ from the first and to assess the significance of the differences.