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A Study On Dispute Resolution Mechanism Of NAFTA Chapter Eleven

Posted on:2006-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:X MaFull Text:PDF
GTID:2166360182465995Subject:International law
Abstract/Summary:PDF Full Text Request
North American Free Trade Agreement (NAFTA) is a regional trade and investment treaty among Canada, Mexico and United States. The provisions of investment in NAFTA have reached such depth and width that any other multilateral treaties or regional treaties could not achieve till now. Furthermore, on the efforts of multilateral legislation of international investment, the Investor-State dispute resolution mechanism in Section B Chapter 11 is a landmark in the development of international economic disputes resolution mechanisms. This mechanism also has great referential significance to investment disputes resolution mechanisms in the future treaties of other countries.On the basis of the provisions of NAFTA Chapter 11, connecting with some NAFTA cases and the provisions of other international legal documents such as ICSID, ECT and MAI draft, this dissertation try to give its analysis and comments on the NAFTA Chapter 11 dispute resolution mechanism.This dissertation is divided into three chapters except a preamble.Chapter one introduces the basic content of Chapter 11 dispute resolution mechanism, including its applicable scope and the main procedural provisions.Chapter two gives its analysis and comments on some most important and debating measures or legal problems of NAFTA Chapter 11 dispute resolution mechanism, including the 'consent' system of dispute parties, the relationship between this mechanism and traditional remedy systems, the applicable law of Chapter 11 arbitration, the transparency of its proceedings and the arbitrability of the disputes under Chapter 11.Chapter three studies the influence and impact of NAFTA Chapter 11 dispute resolution mechanism, including the attitude of NAFTA parties to this mechanism and the opinions of supporters and opponents, its influence on other international treaties, its impact on some international law theories, its challenge to sovereignty of nations and the measures China should take.
Keywords/Search Tags:NAFTA, Investment, Dispute resolution, Investor-State arbitration
PDF Full Text Request
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