Reforming the NAFTA Investment Regime

30 Pages Posted: 5 Oct 2010

See all articles by Gus Van Harten

Gus Van Harten

York University - Osgoode Hall Law School

Date Written: November 1, 2009


The discussion in this paper elaborates a tiered set of reforms designed to (1) protect foreign investment, while (2) affording appropriate policy space for governments to develop and regulate their economies in a sustainable manner and (3) ensuring equitable governance of investment disputes such that foreign investors are not privileged, procedurally or substantively, over domestic investors and citizens. The paper includes a detailed appendix with proposed reforms to the NAFTA Chapter 11 text.

Keywords: NAFTA, Chapter 11, Investment, Arbitration, Law Reform

Suggested Citation

Van Harten, Gus, Reforming the NAFTA Investment Regime (November 1, 2009). Available at SSRN: or

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
416 650 8419 (Phone)

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