NAFTA Chapter Eleven Reports: Primary materials
By: Charles H. Brower, Jack J. Coe, William S. Dodge
About This Book
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.
AI Overview
The book "NAFTA Chapter Eleven Reports: Primary Materials" is part of a comprehensive collection of full-text awards related to the investment arbitration provisions under Chapter Eleven of the North American Free Trade Agreement (NAFTA). Here is a detailed overview:
Key Themes
- Investment Arbitration: The book focuses on the legal framework and practice of investment arbitration under NAFTA Chapter Eleven. It covers the key principles, procedures, and outcomes of these arbitrations.
- Comprehensive Collection: It is an ongoing, regularly augmented collection of primary materials, including full-text awards from NAFTA Chapter Eleven arbitrations.
- Legal Practice and Law: The book documents the law and practice of international commercial arbitration, providing insights into the development of investment arbitration law.
Plot Summary
The book does not have a traditional narrative plot but rather serves as a collection of primary materials and case studies related to NAFTA Chapter Eleven arbitrations. It includes:
- Full-Text Awards: The primary content consists of full-text awards from various NAFTA Chapter Eleven arbitrations, providing a detailed look at the legal decisions and reasoning behind them.
- Legal Analysis: The book includes legal analyses and commentaries on the awards, offering insights into the application of international law and the specific provisions of NAFTA Chapter Eleven.
Critical Reception
While there is no specific critical reception provided for this book, the broader context of NAFTA Chapter Eleven arbitration has been subject to various critiques and discussions. Here are some key points:
Criticism of Arbitral Tribunals:
- Critics have argued that the arbitral tribunals under NAFTA Chapter Eleven act as super-appellate courts, potentially undermining the authority of domestic courts.
- There have been concerns about the lack of democratic legitimacy and the secrecy surrounding tribunal procedures.
Legal Soundness and Sovereignty:
- The legal soundness of tribunal awards has been questioned, and there have been concerns about the loss of sovereign control over matters essential to governance.
Broader Impact:
- As more nations enter into bilateral investment treaties (BITs) or free trade agreements (FTAs) that authorize arbitration of investor-state disputes, the criticism is likely to mount and come from a wider range of sources.
In summary, "NAFTA Chapter Eleven Reports: Primary Materials" is a critical resource for understanding the legal framework and practice of investment arbitration under NAFTA. While it does not have a traditional narrative, it provides a comprehensive collection of primary materials and insights into the development of investment arbitration law. The broader context of this topic has been subject to various critiques, reflecting concerns about the role and legitimacy of arbitral tribunals in international investment disputes.