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International Trade Law

Faculty Journal Articles and Book Chapters

Series

1998

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Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez Jan 1998

Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to briefly discuss the experience of Mexicans and their Mexican-American heirs in litigating their rights under the Treaty of Guadalupe Hidalgo. It seeks to ask whether there may be any parallels and possible lessons to be learned from the litigation experience of Mexican claimants under the earlier Treaty for the NAFTA parties - especially Mexico - as the NAFTA parties engage in dispute resolution.

Part II of this article sets out the background of the Treaty, including a brief review of the United States-Mexican War. It describes the terms of the Treaty and observes that Mexico had …