Settlement of Disputes Under the Central America-United States-Dominican Republic Free Trade Agreement

64 Pages Posted: 9 Jan 2007

See all articles by David A. Gantz

David A. Gantz

Univ. Of Arizona College of Law; Mexico Center, Baker Institute

Abstract

The U.S. - Central America - Dominican Republic Free Trade Agreement is one of nearly a dozen post-NAFTA FTAs that have been concluded by the United States since 2000 with nations in Latin America, the Middle East and Asia. All of these newer agreements are based on NAFTA, but they differ in significant respects, particularly in the chapters relating to dispute settlement. The changes reflect, most significantly, U.S. government experience with NAFTA dispute settlement, particularly with regard to actions brought by private investors against the United States and other NAFTA governments under NAFTA's investment protection provisions (Chapter 11). However, they also result from perceived (as well as actual) threats to U.S. sovereignty, as reflected in the President's "Trade Promotion Authority" of 2002. It is too soon, of course, to determine whether these changes will have a significant impact on dispute settlement under CAFTA-DR; in the author's view, they will.

Keywords: free trade agrements, investor-state dispute settlement, alternative dispute resolution, Central America

JEL Classification: K33

Suggested Citation

Gantz, David A., Settlement of Disputes Under the Central America-United States-Dominican Republic Free Trade Agreement. Arizona Legal Studies Discussion Paper No. 07-01; Boston College International and Comparative Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=956134

David A. Gantz (Contact Author)

Univ. Of Arizona College of Law ( email )

P.O. Box 210176
Rogers College of Law
Tucson, AZ 85721-0176
United States
520-490-3004 (Phone)

Mexico Center, Baker Institute ( email )

6100 Main Street, MS-40
Houston, TX 77005
United States
520-490-3004 (Phone)

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