Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Treatment Of Non-Disputing State Party Views In Investor-State Arbitrations

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The focus of this chapter is on the role of a particular type of non-disputing party in investor-State arbitrations-the non-disputing State party, which is a party to the treaty under which the arbitration is submitted, but is not the respondent State in the arbitration. Article 2001 creates the Free Trade Commission (FTC), comprised of cabinet-level ministers of the three North American Free Trade Agreement (NAFTA) parties, which has the authority to issue interpretations of any provision of NAFTA. With a few notable exceptions, where the NAFTA parties' agreement was evidenced through Article 1128 submissions, tribunals have ruled consistently with the parties' shared interpretation. In concluding that the minimum standard of treatment article refers to customary international law as it exists today, the ADF tribunal, for instance, referenced the United States' accord with this interpretation and found it "equally important to note" that Canada and Mexico shared this view.

Keywords: Free Trade Commission (FTC); investor-State arbitrations; non-disputing party; North American Free Trade Agreement (NAFTA)

10.1163/ej.9789004175556.i-382.26
/content/books/10.1163/ej.9789004175556.i-382.26
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2008) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation