Investor-state Disputes

Investor-state disputes in Global Commerce Policy

In this regard, a definition of this issue is as follows: treaties, whether bilateral, regional or multilateral, are between states, and they convey rights and obligations on the states (parties) to them. The entries on trade policy are here. If a natural or judicial person residing in one of the member states wishes to have its concerns over another party ™s operation of the treaty addressed under the consultation or dispute settlement provisions of the treaty, it must first convince its own government to take up the case. There are exceptions. NAFTA, for example, allows investors in some circumstances to submit claims to arbitration that another party has breached an obligation in relation to monopolies and/or state enterprises. The entries on trade policy are here. A claim may only be made if an investor has incurred loss or damage because of the alleged breach, and it must be made no more than three years after the investor first acquired, or should have first acquired, knowledge of the alleged breach and loss of damage. See also NAFTA Chapter 11.[1]

Investor-state disputesin the wold Encyclopedia

For an introductory overview on international trade policy, see this entry.

Resources

Notes and References

1. Dictionary of Trade Policy, “Investor-state disputes” entry (OAS)

See Also