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The Worst Is Still Ahead: The Privileging of Free Investment over Environmental Protection under NAFTA

Posted on:2015-12-02Degree:LL.MType:Dissertation
University:University of Toronto (Canada)Candidate:Gabr, Yasmin Mahmoud SalmaFull Text:PDF
GTID:1471390017498952Subject:International Law
Abstract/Summary:
When created, the North American Free Trade Agreement (NAFTA) was considered historic since it was the first multilateral trading regime to incorporate environmental considerations. This dissertation argues that NAFTA's model of liberalized investment has instead given priority to economic growth over environmental protection. It is true that in some cases, foreign investment triggered through NAFTA brought clean technologies; however, these gains are exceptions rather than the rule. I contend that economic stimulation under NAFTA is coupled with a weak environmental institutional framework, made up of side agreements and institutions that are inhibited by, inter alia; the uncertainty of interpretation of its environmental provisions; the expansive definitions of measures covered, and is exacerbated by the existence of Chapter 11 dispute settlement mechanism.
Keywords/Search Tags:NAFTA, Environmental, Investment
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