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Series

2001

Transnational Law

Wayne State University

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Full-Text Articles in Law

Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii Jan 2001

Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii

Law Faculty Research Publications

This Article examines the growing opposition to arbitration of investor-state disputes involving challenges to regulatory measures under Chapter 11 of NAFTA. The NAFTA Parties apparently seek to restore national sovereignty over such matters by subjecting these awards to heightened review by municipal courts at the seat of arbitration, effectively giving Canadian, Mexican, and United States courts the final authority to interpret Chapter 11. When successful, this practice violates both the letter of Chapter 11 and the intent of the NAFTA Parties to place investor-state disputes within the deferential legal framework of international commercial arbitration. Although the NAFTA Parties may, escape ...