Investment Disputes Under NAFTA
An Annotated Guide to NAFTA
By: Meg N. Kinnear, Andrea K. Bjorklund, John F. G. Hannaford
With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3years, public and professional interest in this topic has been growing significantly. Quite simply,anyone doing business under NAFTA, or anyone representing a company doing business underNAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, KluwerLaw International's Investment Disputes Under NAFTA is the must-have resource for anyoneplanning ' or already involved in ' a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures havebeen developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only Investment Disputes Under NAFTA delivers: Article-by-Article explanations of the ins and outs of Chapter 11 A valuable collection of key case law that has been affected by Chapter 11 Accurate and thorough cross-referencing to help you quickly and easily find all relevant material Logical organization of all materials as well as a complete index and table of cases This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's Investment Disputes Under NAFTA also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case.
AI Overview
"Investment Disputes Under NAFTA: An Annotated Guide to NAFTA Chapter 11" is a comprehensive reference tool authored by Meg Kinnear, Andrea Bjorklund, and John F. G. Hannaford. The book provides an in-depth analysis of investment disputes under the North American Free Trade Agreement (NAFTA), specifically focusing on Chapter 11, which deals with investment protection and dispute resolution.
Key Themes
Investment Protection and Dispute Resolution: The book delves into the mechanisms and processes established by NAFTA Chapter 11 for resolving investment disputes between investors and governments. It covers the rules, procedures, and key cases that have shaped the landscape of international investment arbitration.
Empirical Analysis: The authors employ an empirical approach to trace the emergence and diffusion of Chapter 11. This includes analyzing the dataset and methodology used to study the impact and evolution of this chapter over time and space.
Negotiation and Compromise: The book highlights the negotiation process and the compromises made during the creation of NAFTA Chapter 11. It emphasizes how these negotiations led to a significant shift in international investment law, providing a framework for direct recourse to international tribunals for investors in North America.
Impact and Legacy: The authors discuss the lasting impact of NAFTA Chapter 11, contrasting it with unilateral treaty innovations. They reflect on the under-appreciated power of negotiated compromise in shaping international investment law.
Plot Summary
The book is structured to provide a detailed guide to understanding and navigating the complexities of investment disputes under NAFTA Chapter 11. It includes:
- Charts and Valuable Information: The guide contains charts that present valuable information such as the arbitrators in each case, the rules under which disputes are resolved, and other relevant data points.
- Case Reports: The book includes case reports, which are crucial for practitioners and scholars seeking to understand the practical applications and outcomes of Chapter 11 disputes.
- Historical Context: It provides a historical context for the creation of Chapter 11, highlighting the negotiation process and the compromises that led to its establishment.
Critical Reception
While specific reviews of the book are not readily available in the search results, the academic and professional reception of the book can be inferred from its use as a reference tool in academic circles and its inclusion in legal guides and resources. The book's comprehensive nature and empirical approach suggest that it is highly regarded in the field of international investment law and arbitration.
In summary, "Investment Disputes Under NAFTA" is a seminal work that offers a thorough understanding of the mechanisms and impact of NAFTA Chapter 11. Its detailed analysis, empirical approach, and historical context make it an essential resource for practitioners and scholars in the field of international investment arbitration.