Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Foreword, Stephen M. Schwebel
Foreword, Stephen M. Schwebel
Vanderbilt Journal of Transnational Law
I was glad to return to Vanderbilt Law School to take part in this Symposium on International Commercial Arbitration. I came because Jon Charney telephoned me last autumn to ask me to come. Jon Charney was a superb international lawyer and a splendid human being. He became a reigning expert on the Law of the Sea. But his interests in international law were wider than that wide subject. He wrote, for example, on the proliferation of international tribunals and on the position of the persistent objector in international law with exceptional acuity and insight.
Jon's professional accomplishments were increasingly large. …
Taking Stock Of Nafta Chapter 11 In Its Tenth Year, Jack J. Coe, Jr.
Taking Stock Of Nafta Chapter 11 In Its Tenth Year, Jack J. Coe, Jr.
Vanderbilt Journal of Transnational Law
The North American Free Trade Agreement (NAFTA) came into force on January 1, 1994. Its Eleventh Chapter establishes substantive guarantees and an arbitral mechanism by which qualifying investors may seek damages for breach of those guarantees. The much-discussed investor-state arbitration apparatus was first invoked in September 1996, and since then has been resorted to several times against each NAFTA state. Many cases have concluded, while others are nearing completion. Though a mature jurisprudence has by no means emerged, substantive trends have been established and several of Chapter l's distinctive features, strengths, and weaknesses have been illuminated.
NAFTA's investor-state docket has …
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.