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Access to Trade Justice: Fixing NAFTA's Flawed Dispute Settlement Process

23 Pages Posted: 5 Oct 2017  

Simon Lester

Cato Institute

Inu Manak

Georgetown University - Department of Government

Andrej Arpas

Cato Institute

Date Written: October 4, 2017

Abstract

Without a properly functioning dispute process, the obligations in a trade agreement may not be worth much. As part of the NAFTA renegotiation, the NAFTA parties should try to fix certain flaws in the NAFTA Chapter 20 dispute settlement process that emerged a few years after NAFTA came into force. Chapter 20 was used regularly in its early years, but usage dropped considerably after panel selection was blocked in a case involving U.S. restrictions on Mexican sugar. In this paper, we examine recent innovations on panel selection in the TPP, CETA, and JEEPA dispute provisions, and draw from those to develop principles that can guide revisions to the NAFTA Chapter 20 panel selection process.

Keywords: NAFTA, Dispute Settlement, Chapter 20

Suggested Citation

Lester, Simon and Manak, Inu and Arpas, Andrej, Access to Trade Justice: Fixing NAFTA's Flawed Dispute Settlement Process (October 4, 2017). Available at SSRN: https://ssrn.com/abstract=3047876

Simon Lester

Cato Institute ( email )

1000 Massachusetts Avenue, N.W.
Washington, DC 20001-5403
United States

Inu Manak (Contact Author)

Georgetown University - Department of Government ( email )

681, 37th and O Streets, N.W
Washington, DC
United States

Andrej Arpas

Cato Institute ( email )

1000 Massachusetts Avenue, N.W.
Washington, DC 20001-5403
United States

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