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Trend Spotting: NAFTA Disputes After Fifteen Years

  • Lawrence L. Herman

    (Cassels Brock & Blackwell LLP)

Registered author(s):

    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?

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    File URL: http://www.cdhowe.org/pdf/backgrounder_133.pdf
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    Article provided by C.D. Howe Institute in its journal C.D. Howe Institute Backgrounder.

    Volume (Year): (2010)
    Issue (Month): 133 (July)
    Pages:

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    Handle: RePEc:cdh:backgr:133
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    1. David Johnson, 2007. "School Grades: Identifying Albert's Best Public Schools," C.D. Howe Institute Backgrounder, C.D. Howe Institute, issue 104, September.
    2. 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.
    3. Pierre Siklos, 2010. "Taking Monetary Aggregates Seriously," e-briefs 94, C.D. Howe Institute.
    4. Angelo Melino & Michael Parkin, 2010. "Greater Transparency Needed," e-briefs 102, C.D. Howe Institute.
    5. John Richards, 2010. "Reducing Lone-Parent Poverty: A Canadian Success Story," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 305, June.
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