Author: Office of North American Free Trade Negotiations. External Affairs and International Trade Canada
Publisher:
ISBN:
Category : "October 20, 1992."
Languages : en
Pages : 14

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Book Description

Author: Leon E. Trakman
Publisher: Irvington-on-Hudson, N.Y. : Transnational Publishers
ISBN: 9781571050434
Category : Law
Languages : en
Pages : 416

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Book Description
Dispute Settlement Under the NAFTA is a well-organized road map for finding & understanding the NAFTA provisions relating to resolution of disputes likely to arise in the context of the treaty. A unique resource that serves as a valuable reference point for NAFTA partners trying to use the treaty provisions to avoid or resolve differences ... Gil Friedlander, Senior Vice President, General Counsel & Secretary of Electronic Data Systems Corporation.

Author: Todd Weiler
Publisher: Cameron May
ISBN: 1905017073
Category : Law
Languages : en
Pages : 838

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Book Description
Presents a collection of essays.

Author: Patrick Dumberry
Publisher: Wolters Kluwer Law & Business
ISBN: 9789041132888
Category : Arbitration
Languages : en
Pages : 0

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Book Description
Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105. This bookand’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunalsand’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA. Among the issues treated in the course of the analysis are the following: the origin, development, nature and content of the concept of the and‘minimum standard of treatmentand’ and its interaction with the FET standard; the specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation; the context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it; whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105; the many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105; the interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation; and how NAFTA tribunals have assessed damages for breach of Article 1105. This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1933833769
Category : Arbitration and award
Languages : en
Pages : 316

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Book Description
About the IAI Series on International Arbitration: The IAI (International Arbitration Institute) Series on International Arbitration is a publication focusing on topical questions of international arbitration discussed at conferences organized by the IAI. About the IAI: The International Arbitration Institute (IAI) is an organization created under the auspices of the Comité Français de l'Arbitrage (CFA) with the purpose of fostering exchanges in the field of international arbitration. It currently has over 600 members on a worldwide basis. Its activities include the organization of international conferences, as well as the publication of a Directory of Members, which is the most highly regarded freely accessible source of information on international arbitration specialists. About the Book: The seventh in the International Arbitration Institute (IAI) series, Fifteen Years of NAFTA: Section 11 Arbitration compiles the papers from leading authorities on NAFTA dispute resolution, presented at the international academic conference, 15 Years of NAFTA Chapter 11 Arbitration, in Montreal on 25 September 2009. Where necessary. the chapters were revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult issues. Dealing wholly with investment arbitration, the work focuses specifically on the controversial Chapter 11 feature of the NAFTA agreement and its influence on international investment law. Chapter 11 arbitration is an area of growing importance for both practitioners and academics, and the work covers both substantive and procedural issues.

Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 0521896541
Category : Business & Economics
Languages : en
Pages : 419

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Book Description
The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2006.

Author: Robert Howse
Publisher: Taylor & Francis
ISBN: 9780415123662
Category : Business & Economics
Languages : en
Pages : 534

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Book Description
Volume 1 = Historical and conceptual foundations ; Volume 2 = Dispute settlement in the world ; Volume 3 = Administered protection ; Volume 4 = The Uruguay round and beyond.

Author: Rohini Acharya
Publisher: Cambridge University Press
ISBN: 1107161649
Category : Business & Economics
Languages : en
Pages : 753

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Book Description
This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.

Author: M. Angeles Villareal
Publisher: DIANE Publishing
ISBN: 1437929389
Category :
Languages : en
Pages : 24

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Book Description
This is a print on demand edition of a hard to find publication. Mexico has a population of about 110 million people making it the most populous Spanish-speaking country in the world and the third most populous country in the Western Hemisphere. Based on a GDP of $1.0 trillion in 2008, Mexico has a free market economy with a strong export sector. The U.S. and Mexico have strong economic ties. An important feature of the relationship is the North American Free Trade Agreement (NAFTA). Mexico is the U.S.¿ third largest trading partner, while the U.S. ranks first among Mexico¿s trading partners. Contents of this report: (1) Intro.; (2) U.S.-Mexico Economic Trends; (3) Mexican Economy; (4) NAFTA and the U.S.-Mexico Econ. Relationship; (5) Major Issues in U.S.-Mexico Trade Relations; (6) Policy Issues. Illus.

Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 9780521859981
Category : Law
Languages : en
Pages : 1136

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Book Description
The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2003.