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

Abstract

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: https://ssrn.com/abstract=1687263 or http://dx.doi.org/10.2139/ssrn.1687263

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

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

Register to save articles to
your library

Register

Paper statistics

Downloads
277
Abstract Views
1,225
rank
110,654
PlumX Metrics