Chapter

Implementing Human Rights in the NAFTA Regime – The Potential of a Pending Case: <i>Glamis Corp v USA</i>

Julien Cantegreil

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.003.0016

Series: International Economic Law Series

 Implementing Human Rights in the NAFTA Regime – The Potential of a Pending Case:   Glamis Corp v USA

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This chapter takes a critical view of NAFTA's Chapter 11 impact on human rights, focusing on the pending Glamis v. United States case. Looking at the facts and the claims raised, the chapter identifies the environmental and cultural human rights that are at stake, and assesses where to locate the legal issues concerning human rights that the tribunal will have to decide upon. It argues that if the tribunal adopts the current arbitral jurisprudence on the questions of expropriation and fair and equitable treatment, it will be another award prioritizing investors' rights over human rights concerns in the NAFTA regime. This chapter proposes a framework for litigation promoting human rights within the NAFTA regime. Arguing in favour of an internalization of human rights norms into the NAFTA regime and of a multilevel interaction of the different actors, it devises strategies for the parties and the tribunal to achieve this goal using the available legal tools.

Keywords: NAFTA; Glamis v. United States; NAFTA regime; investor arbitration; multilevel interaction

Chapter.  15984 words. 

Subjects: Human Rights and Immigration

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