The NAFTA Chapter 11 Arbitration and Protection of Legitimate Expectations
Article from: TDM 3 (2004), in USMCA - NAFTA
The comparison of the North American Free Trade Agreement with human rights treaties provokes an interesting discussion. The legal nature of the NAFTA is complicated. On the one hand, this agreement absorbs several fundamental principles from the theory of human rights. These are the right to fair and equitable treatment, the right to use and enjoyment of property and the right to due process before an impartial tribunal. The NAFTA and human rights instruments share a common goal: the effective protection of the individual against state arbitrariness. On the other hand, unlike ...