NAFTA Chapter 11 Dispute Settlement Mechanism and Mexico PDF Download

Author: Sergio Puig de la Parra
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 160

View

Book Description

Author: Todd Weiler
Publisher: Cameron May
ISBN: 1905017073
Category : Law
Languages : en
Pages : 838

View

Book Description
Presents a collection of essays.

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1933833769
Category : Arbitration and award
Languages : en
Pages : 316

View

Book Description
About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.

Author: Gary Clyde Hufbauer
Publisher: Peterson Institute
ISBN: 9780881325591
Category : Electronic books
Languages : en
Pages : 556

View

Book Description

Author: Charles H. Brower
Publisher: Kluwer Law International B.V.
ISBN: 9041122850
Category : Law
Languages : en
Pages : 774

View

Book Description
This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-along reference valuable in connection with investor-state arbitrations of all kinds. Among the documents compiled are treaties, arbitration rules, and other legal texts relied upon by arbitrators and parties. The work orders the documents in a logical, user-friendly manner, and includes a detailed index and a full bibliography.

Author: Leslie Alan Glick
Publisher: Kluwer Law International B.V.
ISBN: 940351485X
Category : Law
Languages : en
Pages : 412

View

Book Description
On July 1, 2020, after much expectation and delay, the new United States-Mexico-Canada Agreement (USMCA)—a greatly revised version of the North American Free Trade Agreement (NAFTA) of 1994—came into effect. This timely book by the author of the preeminent guide to NAFTA and an active participant and private sector advocate in the USMCA negotiation and legislative process provides a chapter-by-chapter analysis of the new agreement, clearly describing what has changed from the earlier agreement and what is new. After a concise but expertly calibrated summary of NAFTA, the author proceeds systematically through a practical analysis of each USMCA provision, emphasizing such crucial new elements as the following: new rules on intellectual property rights; stricter rules of origin within the automotive industry; major reforms in Mexican labor laws and their enforceability; opening of Canada’s agricultural and dairy sector to more U.S. competition; entirely new chapter on digital trade; new dispute mechanisms; requirement of an increased minimum wage in auto plants; and a new chapter on environmental standards. Changes in such important aspects of trade as textiles and apparel, ownership of hydrocarbons, cross-border trade in services, and anticorruption measures are also fully described. The USMCA is a response to a United States initiative to renegotiate NAFTA. As a key regional trade agreement with vast global ramifications, familiarity with its content and rules is essential for all business, legal, policymaking, and academic parties concerned with international trade. This useful practical guide will be a welcome addition to private and corporate libraries, including corporate counsel, customs brokers, freight forwarders, logistics and import-export managers, government officials, and academics who need a thorough understanding of the new agreement.

Author: Alan M. Anderson
Publisher: Kluwer Law International B.V.
ISBN: 9403518103
Category : Law
Languages : en
Pages : 441

View

Book Description
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

Author: Thilo Rensmann
Publisher: Springer
ISBN: 3319566636
Category : Law
Languages : en
Pages : 377

View

Book Description
This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

Author: Rohini Acharya
Publisher: Cambridge University Press
ISBN: 1107161649
Category : Business & Economics
Languages : en
Pages : 753

View

Book Description
This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.

Author: Gus Van Harten
Publisher: Oxford University Press on Demand
ISBN: 9780199552146
Category : Business & Economics
Languages : en
Pages : 214

View

Book Description
The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.