Publication

This paper examines the criticisms levied against Chapter 11 of the North American Free Trade Agreement (NAFTA), which focuses on investor-state arbitration (ISA) measures among member states, and the responses they’ve triggered. While exploring this topic, the paper’s authors highlight 1) the actual concerns raised by various NAFTA parties, and 2) the resulting reforms and modifications that have been applied to ISA practices, particularly in the cases of the US’ BIT Model, Canada’s FIPA Model and new regional trade agreements such as CETA. Despite these adjustments, however, the authors conclude that any reservations about NAFTA itself continue to be neglected.