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Shifting Grounds: Judicial Review Under Nafta Chapter 11 And The Ratification Of Icsid, Nolan Downer

Electronic Thesis and Dissertation Repository

NAFTA is much more than a free trade agreement. Under Chapter 11 of the treaty, a multi-lateral investment agreement was introduced which was unprecedented in scope. For the first time, private investors from any NAFTA country were provided with an independent right of action directly against a host government. The objective underlying Chapter 11 was to facilitate foreign investment among NAFTA countries by providing assurances to investors that their investments would be protected against undue regulatory interference. As such, a central consideration as to the effectiveness of Chapter 11 is the speed, impartiality, and efficiency with which investment disputes are …