•  
  •  
 

Authors

David MacArthur

Abstract

NAFTA is still young, and chapter 11 remains a relatively untested system. Its scheme has no real historical precedent, and thus it is hard to predict the course it will ultimately take. Still, most commentators seem to agree that the system, if left unchecked, will likely be detrimental to environmental and other publicpolicy- based actions by involved governments. This is probably especially true for less-powerful nations. NAFTA's chapter 11, in fact, as discussed above, has already had a demonstrably chilling effect on the NAFTA nations' ability to selfregulate in the name of environmental protection, at least in some instances.

Share

COinS