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Trend Spotting: NAFTA Disputes After Fifteen Years

Author

Listed:
  • Lawrence L. Herman

    (Cassels Brock & Blackwell LLP)

Abstract

Cross-border investment disputes have supplanted trade disputes as the main focus of legal actions under the North American Free Trade Agreement (NAFTA), according to this study. The author finds a growing number of these investment disputes entail challenges by American investors against Canada's provincial, as opposed to federal, laws and regulations. So important constitutional issues need clarifying between Ottawa and the provinces. He notes as party to the treaty, Ottawa must carry the ball in court but who is really responsible? Who pays when the provinces or municipalities run afoul of Ottawa’s multilateral commitments?

Suggested Citation

  • Lawrence L. Herman, 2010. "Trend Spotting: NAFTA Disputes After Fifteen Years," C.D. Howe Institute Backgrounder, C.D. Howe Institute, issue 133, July.
    • Handle: RePEc:cdh:backgr:133
    as

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    File URL: https://www.cdhowe.org/trend-spotting-nafta-disputes-after-fifteen-years
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    References listed on IDEAS

    as
    1. Philippe Bergevin, 2010. "Addicted to Ratings: The Case for Reducing Governments’ Reliance on Credit Ratings," C.D. Howe Institute Backgrounder, C.D. Howe Institute, issue 130, May.
    2. John Stapleton, 2010. "Down but Not Out: Reforming Social Assistance Rules that Punish the Poor for Saving," e-briefs 93, C.D. Howe Institute.
    3. David Johnson, 2010. "School Grades: Identifying Alberta's Best Schools, an Update," e-briefs 96, C.D. Howe Institute.
    4. Pierre Siklos, 2010. "Taking Monetary Aggregates Seriously," e-briefs 94, C.D. Howe Institute.
    5. Philippe Bergevin & David Laidler, 2010. "Room for Manoeuvre – Monetary Policy Over the Next Eighteen Months, and the Allure of Price-Level Targeting," e-briefs 97, C.D. Howe Institute.
    6. William B.P. Robson & Colin Busby, 2010. "Freeing up Food: The Ongoing Cost, and Potential Reform, of Supply Management," C.D. Howe Institute Backgrounder, C.D. Howe Institute, issue 128, April.
    7. David Johnson, 2007. "School Grades: Identifying Alberta’s Best Public Schools," C.D. Howe Institute Backgrounder, C.D. Howe Institute, issue 104, September.
    8. Benjamin Dachis & Robert Hebdon, 2010. "The Laws of Unintended Consequence: The Effect of Labour Legislation on Wages and Strikes," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 304, June.
    9. Alexandre Laurin, 2010. "Le Budget 2010 du Québec: Effets sur la taille et la progressivité du fardeau fiscal," C.D. Howe Institute Backgrounder, C.D. Howe Institute, issue 132, July.
    10. John Richards, 2010. "Reducing Lone-Parent Poverty: A Canadian Success Story," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 305, June.
    11. Henning Bjornlund, 2010. "The Competition for Water: Striking a Balance among Social, Environmental, and Economic Needs," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 302, April.
    12. Colin Busby, 2010. "Manitoba’s Demographic Challenge: Why Improving Aboriginal Education Outcomes Is Vital for Economic Prosperity," e-briefs 99, C.D. Howe Institute.
    13. Angelo Melino & Michael Parkin, 2010. "Greater Transparency Needed," e-briefs 102, C.D. Howe Institute.
    14. Robert Knox, 2010. "Who Can Work Where: Reducing Barriers to Labour Mobility in Canada," C.D. Howe Institute Backgrounder, C.D. Howe Institute, issue 131, June.
    15. Martin Cave & Adrian Foster, 2010. "Solving Spectrum Gridlock: Reforms to Liberalize Radio Spectrum Management in Canada in the Face of Growing Scarcity," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 303, May.
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    Cited by:

    1. Pierre Siklos & Andrew Spence, 2010. "Faceoff: Should the Bank of Canada Release its Projections of the Interest Rate Path? – The Cases For and Against," C.D. Howe Institute Backgrounder, C.D. Howe Institute, issue 134, October.
    2. Clyde Goodlet, 2010. "Too Big to Fail: A Misguided Policy in Times of Financial Turmoil," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 311, October.
    3. Benjamin Dachis, 2010. "Picking up Savings: The Benefits of Competition in Municipal Waste Services," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 308, September.
    4. David C. Allan & Philippe Bergevin, 2010. "The Canadian ABS Market: Where Do We Go From Here?," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 315, November.
    5. Jan Carr, 2010. "Power Sharing: Developing Inter-Provincial Electricity Trade," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 306, July.
    6. Stuart Landon & Constance Smith, 2010. "Energy Prices and Alberta Government Revenue Volatility," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 313, November.
    7. Bob Baldwin & Brian FitzGerald, 2010. "Seeking Certainty in Uncertain Times: A Review of Recent Government-Sponsored Studies on the Regulation of Canadian Pension Plans," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 310, September.
    8. Philippe Bergevin & David Laidler, 2010. "Putting Money Back into Monetary Policy: A Monetary Anchor for Price and Financial Stability," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 312, October.
    9. Dave Sawyer & Carolyn Fischer, 2010. "Better Together? The Implications of Linking Canada-US Greenhouse Gas Policies," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 307, August.

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    More about this item

    Keywords

    International Policy; NAFTA; trade remedy disputes; Canadian federal government; Canadian provincial governments;
    All these keywords.

    JEL classification:

    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
    • F51 - International Economics - - International Relations, National Security, and International Political Economy - - - International Conflicts; Negotiations; Sanctions
    • F14 - International Economics - - Trade - - - Empirical Studies of Trade
    • F15 - International Economics - - Trade - - - Economic Integration

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