Whose Rights? The NAFTA Chapter 11 Debate

The investment provisions contained in Chapter 11 of the North American Free Trade Agreement are both innovative and controversial. While heralded by some as an essential tool of economic governance for the 21st century, others charge that Chapter 11 puts the rights of foreign investors ahead of the rights of states to govern in the public interest. This book records the proceedings of a conference held by the Centre for Trade Policy and Law (CTPL) on January 18, 2002, in Ottawa. Through the various papers and commentary that emerged from this conference, specialists from the fields of law, government and academia provide insight and analysis to the debates surrounding NAFTA Chapter 11. In particular, they examine the evolution of the provisions, their effectiveness, and prospects for future evolution in the area of investor-state dispute resolution.