The fair and equitable treatment (FET) standard has long been considered an indispensable part of international investment protection agreements and is often invoked in investor-state arbitration (ISA). Particularly after the North American Free Trade Agreement (NAFTA) came into effect in 1994,...

This article critically analyses the latest Awards in the NAFTA Chapter 11 Pope & Talbot case. The Final Award in Respect of Damages, issued on 31 May 2002, contains very interesting developments in the proper interpretation to be given to the concept of "fair and equitable treatment" included...

The investment dispute settlement mechanism included in Chapter 11 of the North American Free Trade Agreement (NAFTA) is truly "revolutionary" insofar as it represents the first multilateral treaty to provide individuals and corporations direct access to a tribunal of an international nature to...

Foreign Direct Investment (FDI) into Mexico has increased dramatically since the inception of the North American Free Trade Agreement (NAFTA), raising questions about its effect on the Mexican economy. This paper studies the impact of FDI on industry productivity and wages over the first ten...

The adverse effect of international trade and investment agreements on the protection and enjoyment of human rights has been a growing concern among human rights NGOs and UN human rights bodies in recent years. Surprisingly, these concerns have not been translated into legal challenges to trade...

Have investors used NAFTA Chapter 11 to thwart the fair application of environmental protection measures? Are the compensation awards discouraging governments from taking environmental protection measures they would otherwise want to take? This report empirically reviews four arbitrations under...

The recent increase in foreign capital flows into developing countries has coincided with a new wave of regional trade agreements involving both developed and developing countries. This paper investigates the effect of the North American Free Trade Agreement (NAFTA), a prime example of this new...