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Assessing the Impact of NAFTA on Environmental Law and Management Processes
This research paper analyzes how trade and investment disciplines under NAFTA and the WTO impact the ability of governments to enact and implement environmental laws. The author argues that while there is no inherent conflict between trade rules and environmental protection, the cumulative and retroactive nature of these disciplines creates significant legal and capacity risks for governments, particularly regarding older measures and the expansive interpretations of investment protections in NAFTA Chapter 11.
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Document type: Research paper
In the Arbitration under Chapter 11 of the North American Free Trade Agreement and the UNCITRAL Arbitration Rules
This document consists of the final submissions made by the International Institute for Sustainable Development (IISD) on October 16, 2000, to an arbitral tribunal. The IISD is petitioning for amicus curiae status in the Chapter 11 NAFTA arbitration between Methanex Corporation and the United States of America, arguing that the case involves significant public interest and environmental issues that warrant independent legal perspectives.
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Document type: Briefing