The Innovation of NAFTA Investor-State Arbitration
Article from: OGEL 2 (2004), in International Oil, Gas & Energy Dispute Management
Introduction
Investor-State arbitration under the North America Free Trade Agreement (NAFTA) is a subject of considerable interest in recent academic literature, the publications of non-governmental organisations, and the news media. A substantial portion of this discourse centres on the novelty of the arbitration, sometimes depicting it as a startling departure from accepted methods of resolving public disputes. The novelty of NAFTA investor-State arbitration has been overstated. An example may serve to illustrate the issue. Some commentators have characterised NAFTA investor-State arbitration ...