Re-Negotiating NAFTA: Non-National Tribunals and the Constitution

International & National Security Law Practice Group Teleforum

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Chapters 11 and 19 of the North American Free Trade Agreement (NAFTA) provide for international tribunals with authority to adjudicate disputes on a wide range of subjects, including anti-dumping and countervailing duties, expropriation, and discriminatory treatment of NAFTA investors. 

Supporters of such international tribunals state that these Chapters provide for efficient and impartial dispute resolution.  However, others have raised concerns regarding the lack of judicial review by U.S Courts, as well as issues connected with certain basic notions of national sovereignty.   In this TeleForum, we will discuss the merits and problems of non-national tribunals and their central role in the current discussions related to the re-negotiation of NAFTA, including their constitutionality and their role in our judicial and political systems. 


Prof. Alvaro Santos, Professor of Law, Georgetown University Law Center

John M. Herrmann II, Partner, Kelley Drye & Warren LLP

Moderator: Daniel B. Pickard, Partner, Wiley Rein LLP


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