Investment Arbitration under NAFTA Chapter 11: A Threat to Sovereignty of Member States?

Owen, William L.

Journal: Canada-United States Law Journal

Volume: 39

First Page: 55

Year: 2014

Bluebook Citation: 39 CAN.-U. S. L.J. 55 (2014)

Author: William L. Owen: all 5 publications


Abstract

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

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