Valentina S. Vadi

Trade, Investment and Risk: Overlapping Regulatory Spaces: The Architecture of NAFTA Chapter 11 and the Regulation of Toxic Chemicals


European Journal of Risk Regulation 4/2011: pp. 586-590

€ 23,80 (including 19 % tax)


Since the North American Free Trade Agreement (hereinafter NAFTA)1 was successfully negotiated in 1993, the provisions for investor-state arbitration under its Chapter 11 have put pressure on the regulatory spaces of the State Parties. Under Chapter 11, any investor alleging a breach of the treaty norms by a host State can file an arbitration claim. This diagonal dispute settlement mechanism has determined a growing stream of arbitrations, focusing inter alia on the interplay between the regulation of toxic chemicals by the host State and the substantive provisions of Chapter 11.2 The arbitration claims filed by inves
 

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EStAL
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Publication frequency: quarterly
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ISSN 16 19-52 72

Further information

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30 March 2011, 18.30 pm @ European Parliament

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“Entertaining, amusing, insightful.” The Gap