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Investment Arbitration Under Nafta Chapter 11: A Threat To Sovereignty Of Member States?, William L. Owen
Investment Arbitration Under Nafta Chapter 11: A Threat To Sovereignty Of Member States?, William L. Owen
Canada-United States Law Journal
Critics of NAFTA Chapter 11's investor state dispute settlement mechanism are primarily concerned with its invocation by corporate entities and its potential to effectively overturn or significantly weaken NAFTA states' ability to legislate or regulate in the public interest. This article will address this central concern and demonstrate, by evaluating Chapter 11 arbitration results, that these criticisms have been overstated