Copyright (c) 2001 Case Western Reserve University School of Law
Canada-United States Law Journal
ARTICLE: PRIVATE INVESTMENT CLAIMS AGAINST STATE AND PROVINCES-THE IMPACT OF NAFTA CHAPTER 11 ON SUB-FEDERAL GOVERNMENT AGENCIES
27 Can.-U.S. L.J. 323
James McIlroy *
Thank you very much for that introduction.
I am here this morning to present a Canadian perspective on "private investment claims against states and provinces-the impact of the North American Free Trade Agreement (NAFTA) Chapter 11 on sub-federal government agencies." We are asking a very provocative question this morning. That question is: "Chapter 11, a significant curbing of environmental regulatory powers or a mere correction of highly discriminatory or expropriatory behavior?" I think that question captures the controversial nature of Chapter 11.
First, I would like to start you off with the big picture, before we get into any technical details. In particular I want to look at why Chapter 11 has become so controversial. As you know, there are ten thousand people in the streets in Quebec City this weekend and one of the things they are protesting is Chapter 11.
The second thing I would like to do is to look at what is actually in Chapter 11 of the NAFTA and to try to determine whether this controversy and these protests are justified.
The third thing I want to do is discuss the future of Chapter 11 of the
NAFTA, and, in particular, I want to look at whether it will be extended beyond the trilateral NAFTA between Canada, the U.S. and Mexico into the proposed regional Free Trade Area of the Americas, which, as you know, will involve three dozen countries in the western hemisphere-and perhaps beyond, into the World Trade Organization (WTO) which, as ...
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