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Private v Public authority in NAFTA
Descriptive
TypeOfResource
Text
TitleInfo
(ID = T-1)
Title
Private v Public authority in NAFTA
SubTitle
the procyclicality of investor protections and global governance issues
Identifier
ETD_2671
Identifier
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http://hdl.rutgers.edu/1782.2/rucore10002600001.ETD.000052952
Language
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English
Genre
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theses
Subject
(ID = SBJ-1);
(authority = RUETD)
Topic
Global Affairs
Subject
(ID = SBJ-2);
(authority = ETD-LCSH)
Topic
Canada.Treaties, etc.1992 Oct. 7
Subject
(ID = SBJ-3);
(authority = ETD-LCSH)
Topic
Free trade--North America
Subject
(ID = SBJ-4);
(authority = ETD-LCSH)
Topic
North America--Foreign economic relations
Subject
(ID = SBJ-5);
(authority = ETD-LCSH)
Topic
International relations
Subject
(ID = SBJ-6);
(authority = ETD-LCSH)
Topic
International law
Abstract
(type = abstract)
As states fiercely compete for international trade, there is growing concern about the emergence of private authority in global governance systems. States have delegated various aspects of their regulatory authority to private actors to facilitate the expansion of free trade in the global markets. This delegation of authority has generated the expansion of private international administrative law involving states. An unintentional, or perhaps intentional, consequence of this change in authority is the empowerment of private actors over states. When states seek to compete in a globalized financial market and increase foreign investment flows, investors demand protection from "unfair" state actions in exchange for their investments. As regulatory activities and investment transactions increase so often does the volume of disputes between public and private actors. The result can be the development of an effective investor-state dispute settlement mechanism. This study examines the procyclicality of investor protections and global governance issues, with particular attention to the North American Free Trade Agreement's (NAFTA) Chapter 11 on investments. The current literature on global political economy has not yet fully explored the complex interdependency between states and private actors. NAFTA established an investor-to-state dispute arbitration mechanism to deter states from unfair national treatment and even expropriation. Under this structure, private investors may file claims directly against a state for monetary damages. Unlike national courts presided over by publicly appointed or elected judges, these tribunals consist of private individuals selected by the investors and member states. This dissertation examines the expansion of private authority through NAFTA tribunals, as a case study of the accommodation accorded to firms in evolving patterns of global governance. The analysis also includes a review of relevant global political economy literature; a comprehensive analysis of newly released U.S. National Archives and White House documents related to NAFTA; an overview of the U.S.-Mexican Claims Commissions (1838-1946); and key information obtained through candid interviews with former senior U.S. and Mexican officials regarding NAFTA and its Chapter 11 tribunals.
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electronic resource
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xi, 381 p.
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Note
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Ph.D.
Note
Includes abstract
Note
Vita
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(type = bibliography)
Includes bibliographical references
Note
(type = statement of responsibility)
by John D. Rosero
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Rosero
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John D.
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John Rosero
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Ferguson
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Yale H
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chair
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Advisory Committee
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Yale H Ferguson
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Langhorne
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Richard
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Advisory Committee
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Richard Langhorne
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Cantwell
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John
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John Cantwell
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Rutgers University
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degree grantor
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Graduate School - Newark
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school
OriginInfo
DateCreated
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2010
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2010
Place
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xx
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TitleInfo
Title
Rutgers University Electronic Theses and Dissertations
Identifier
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ETD
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TitleInfo
Title
Graduate School - Newark Electronic Theses and Dissertations
Identifier
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rucore10002600001
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NjNbRU
Identifier
(type = doi)
doi:10.7282/T3G73DTQ
Genre
(authority = ExL-Esploro)
ETD doctoral
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Rights
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The author owns the copyright to this work.
Copyright
Status
Copyright protected
Availability
Status
Open
Reason
Permission or license
RightsHolder
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Name
FamilyName
Rosero
GivenName
John
Role
Copyright Holder
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Type
Permission or license
DateTime
2010-04-27 04:29:23
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Name
John Rosero
Affiliation
Rutgers University. Graduate School - Newark
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Author Agreement License
Detail
I hereby grant to the Rutgers University Libraries and to my school the non-exclusive right to archive, reproduce and distribute my thesis or dissertation, in whole or in part, and/or my abstract, in whole or in part, in and from an electronic format, subject to the release date subsequently stipulated in this submittal form and approved by my school. I represent and stipulate that the thesis or dissertation and its abstract are my original work, that they do not infringe or violate any rights of others, and that I make these grants as the sole owner of the rights to my thesis or dissertation and its abstract. I represent that I have obtained written permissions, when necessary, from the owner(s) of each third party copyrighted matter to be included in my thesis or dissertation and will supply copies of such upon request by my school. I acknowledge that RU ETD and my school will not distribute my thesis or dissertation or its abstract if, in their reasonable judgment, they believe all such rights have not been secured. I acknowledge that I retain ownership rights to the copyright of my work. I also retain the right to use all or part of this thesis or dissertation in future works, such as articles or books.
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Technical
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ETD
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application/pdf
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application/x-tar
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1505280
Checksum
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5b07c3fddb6f05943978f87dedf92400e20ba0ef
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