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Evolving precedent: Effective enviro...

McLean, Jeremy.

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Evolving precedent: Effective environmental regulation in North American Free Trade Agreement Chapter 11 arbitration.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Evolving precedent: Effective environmental regulation in North American Free Trade Agreement Chapter 11 arbitration./
Author:	McLean, Jeremy.
Description:	148 p.
Notes:	Source: Masters Abstracts International, Volume: 52-01.
Contained By:	Masters Abstracts International52-01(E).
Subject:	Environmental law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=1540947
ISBN:	9781303220722

Evolving precedent: Effective environmental regulation in North American Free Trade Agreement Chapter 11 arbitration.
McLean, Jeremy.

Evolving precedent: Effective environmental regulation in North American Free Trade Agreement Chapter 11 arbitration. - 148 p.

Source: Masters Abstracts International, Volume: 52-01.

Thesis (M.S.)--State University of New York College of Environmental Science and Forestry, 2013.

This item is not available from ProQuest Dissertations & Theses.

Free trade is a near universal economic policy. The North American Free Trade Agreement (NAFTA) was the first to join nations at varying levels of economic and social development and to expressly address environmental concerns within the treaty. However, environmental protection often conflicted with investor protection. NAFTA Chapter 11 contained standards of investor treatment and restrictions on state expropriation of NAFTA investments. In the past 20 years of NAFTA existence, seven cases have claimed environmental policies violated promised investor protections. A study of these cases as Chapter 11 case law provides the only framework available to evaluate the practical application of NAFTA Chapter 11 concepts to environmental regulatory challenges. Chapter 11 tribunals have become increasingly deferent to good faith environmental regulation. A working definition of minimum treatment standard or expropriation cannot be constructed from the seven cases. In the interest of stability and predictability, some precedential authority should be established.

ISBN: 9781303220722Subjects--Topical Terms:

560666
Environmental law.

Evolving precedent: Effective environmental regulation in North American Free Trade Agreement Chapter 11 arbitration.
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500 $a Source: Masters Abstracts International, Volume: 52-01.
500 $a Advisers: Robert W. Malmsheimer; David Newman.
502 $a Thesis (M.S.)--State University of New York College of Environmental Science and Forestry, 2013.
506 $a This item is not available from ProQuest Dissertations & Theses.
520 $a Free trade is a near universal economic policy. The North American Free Trade Agreement (NAFTA) was the first to join nations at varying levels of economic and social development and to expressly address environmental concerns within the treaty. However, environmental protection often conflicted with investor protection. NAFTA Chapter 11 contained standards of investor treatment and restrictions on state expropriation of NAFTA investments. In the past 20 years of NAFTA existence, seven cases have claimed environmental policies violated promised investor protections. A study of these cases as Chapter 11 case law provides the only framework available to evaluate the practical application of NAFTA Chapter 11 concepts to environmental regulatory challenges. Chapter 11 tribunals have become increasingly deferent to good faith environmental regulation. A working definition of minimum treatment standard or expropriation cannot be constructed from the seven cases. In the interest of stability and predictability, some precedential authority should be established.
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