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Full-Text Articles in Law
Nafta Cross-Border Trucking: Mexico Retaliates After Congress Stops Mexican Trucks At The Border, Chad Macdonald
Nafta Cross-Border Trucking: Mexico Retaliates After Congress Stops Mexican Trucks At The Border, Chad Macdonald
Vanderbilt Journal of Transnational Law
The North American Free Trade Agreement (NAFTA) entitles Mexican tractor-trailers to enter the U.S. to deliver cargo from Mexico. In spite of NAFTA, the U.S. has only allowed Mexican trucks to operate in the U.S. during a controversial demonstration project that granted U.S. operating licenses to a select number of Mexican trucks during the Bush administration. The dispute over NAFTA's cross-border trucking provisions climaxed on March 16, 2009, when Mexico imposed $2.4 billion in retaliatory tariffs on U.S. imports in response to U.S. noncompliance.
This Note chronicles the U.S.-Mexico cross-border trucking dispute and argues that the U.S. should re-start a …
An Appellate Mechanism For Review Of Arbitral Decisions In Investor-State Disputes, David A. Gantz
An Appellate Mechanism For Review Of Arbitral Decisions In Investor-State Disputes, David A. Gantz
Vanderbilt Journal of Transnational Law
At a time when complaints and decisions in investor-state arbitration are proliferating as never before, concerns are being raised by the U.S. Congress, NGOs and some foreign governments over the lack of consistency (or serious errors) among the decisions that emanate from the largely ad hoc arbitral panels that are created under the provisions of bilateral investment treaties and the investment provisions of free trade agreements, such as NAFTA, Chapter 11. As a result, it is suggested that an appellate mechanism, perhaps patterned after the generally successful Appellate Body of the World Trade Organization, be created, possibly under the auspices …
Investor-State Dispute Settlement Between Developed Countries, William S. Dodge
Investor-State Dispute Settlement Between Developed Countries, William S. Dodge
Vanderbilt Journal of Transnational Law
Free trade agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host state before an international tribunal without exhausting domestic remedies. This has resulted in a number of claims against the United States by Canadian investors and against Canada by U.S.investors. Chapter 11 of the Australia-United States Free Trade Agreement (AUSFTA) does not permit direct claims, relying instead on a state-to-state dispute resolution mechanism.
This Article reviews the evolution of investment-dispute resolution from …
Nafta's Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles H. Brower Ii
Nafta's Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles H. Brower Ii
Vanderbilt Journal of Transnational Law
In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.
The Nafta Investment Chapter And Foreign Direct Investment In Mexico: A Third World Perspective, Gloria L. Sandrino
The Nafta Investment Chapter And Foreign Direct Investment In Mexico: A Third World Perspective, Gloria L. Sandrino
Vanderbilt Journal of Transnational Law
The investment provisions of NAFTA, which establish a liberal investment regime and a hospitable atmosphere for foreign investment amongst its signatories, the United States, Canada, and Mexico, represents a new chapter in Mexico's approach to foreign investment. This Article examines the significance of Mexico's shift to welcoming foreign investment and its concomitant acquiescence to traditional notions of expropriation and compensation espoused by more developed states. The author explores Mexico's historical love-hate relationship with foreign investment and its role over the years as leading voice for Third World concerns regarding the potentially exploitive nature of such investment. In this article, a …