The NAFTA of the Pacific

On November 12, 2011, leaders of the nine Trans-Pacific Partnership countries – Australia, New Zealand, Malaysia, Vietnam, Singapore, Brunei, Peru, Chile and the United States – announced that they haD reached initial consensus on drafting an ambitious, 21st-century Trans-Pacific Partnership (TPP) agreement that will enhance trade and investment among the TPP partner countries. The TPP…

Investor-State Arbitration Provisions under Colombian-US Free Trade Agreement

Chapter 11 of the North America Free Trade Agreement (NAFTA) was the first international trade agreement provision to give foreign investors a direct cause of action for investment disputes against the host government in a binding international tribunal, commonly known as “investor-state arbitration.”  However, NAFTA investor-state arbitration continues to be a source of debate.  Critics…