- Library Home /
- Search Collections /
- Open Collections /
- Browse Collections /
- UBC Theses and Dissertations /
- The NAFTA’s institutions and dispute resolution mechanisms:...
Open Collections
UBC Theses and Dissertations
UBC Theses and Dissertations
The NAFTA’s institutions and dispute resolution mechanisms: a case for public participation Bodie, J. Scott
Abstract
The objective of this thesis is to determine whether those who negotiated the NAFTA created institutions and dispute resolution mechanisms capable of allowing the NAFTA to achieve its policy goals. Accordingly, this thesis first examines the intellectual and historical roots of free trade in North America in an effort to determine what the goals of policymakers were when they negotiated the NAFTA. The thesis then analyzes the institutional and dispute resolution provisions of the NAFTA through a set of criteria to assess whether these provisions are capable of furthering those goals. This analysis leads the author to conclude that the Parties have created a system incompatible with the freemarket goals of the free trade policy. The present regime virtually shuts private parties out of the decision-making process leaving both the creation of rules and the protection of their integrity within the hands of the governments of the three Parties. Without effective avenues for participation, the market will not respond in the manner necessary to allow North Americans to reap the benefits predicted by the theory of comparative advantage. The thesis therefore makes a series of proposals aimed at increasing the access of private parties to the NAFTA's institutions and dispute resolution mechanisms. The goal of such recommendations is to create a legal order capable of enabling the NAFTA to deliver the economic advantages policymakers promised to North Americans when they initiated free trade negotiations.
Item Metadata
Title |
The NAFTA’s institutions and dispute resolution mechanisms: a case for public participation
|
Creator | |
Publisher |
University of British Columbia
|
Date Issued |
1994
|
Description |
The objective of this thesis is to determine whether those who negotiated the NAFTA
created institutions and dispute resolution mechanisms capable of allowing the NAFTA to
achieve its policy goals. Accordingly, this thesis first examines the intellectual and historical
roots of free trade in North America in an effort to determine what the goals of policymakers
were when they negotiated the NAFTA. The thesis then analyzes the institutional and dispute
resolution provisions of the NAFTA through a set of criteria to assess whether these provisions
are capable of furthering those goals. This analysis leads the author to conclude that the Parties
have created a system incompatible with the freemarket goals of the free trade policy. The
present regime virtually shuts private parties out of the decision-making process leaving both the
creation of rules and the protection of their integrity within the hands of the governments of the
three Parties. Without effective avenues for participation, the market will not respond in the
manner necessary to allow North Americans to reap the benefits predicted by the theory of
comparative advantage. The thesis therefore makes a series of proposals aimed at increasing the
access of private parties to the NAFTA's institutions and dispute resolution mechanisms. The
goal of such recommendations is to create a legal order capable of enabling the NAFTA to
deliver the economic advantages policymakers promised to North Americans when they initiated
free trade negotiations.
|
Extent |
11215008 bytes
|
Genre | |
Type | |
File Format |
application/pdf
|
Language |
eng
|
Date Available |
2009-02-26
|
Provider |
Vancouver : University of British Columbia Library
|
Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
|
DOI |
10.14288/1.0077444
|
URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
|
Graduation Date |
1994-11
|
Campus | |
Scholarly Level |
Graduate
|
Aggregated Source Repository |
DSpace
|
Item Media
Item Citations and Data
Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.