Annexes 1-5 - Fifteen Years of NAFTA Chapter 11 Arbitration

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Fifteen Years of NAFTA Chapter 11 Arbitration - Hardcover

Fifteen Years of NAFTA Chapter 11 Arbitration - Electronic

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ANNEX 1

Relevant Provisions of the
North American Free Trade Agreement

Preamble

The Government of Canada, the Government of the United Mexican States and
the Government of the United States of America, resolved to:

STRENGTHEN the special bonds of friendship and cooperation among
their nations;

CONTRIBUTE to the harmonious development and expansion of world
trade and provide a catalyst to broader international cooperation;

CREATE an expanded and secure market for the goods and services
produced in their territories;

REDUCE distortions to trade;

ESTABLISH clear and mutually advantageous rules governing their trade;

ENSURE a predictable commercial framework for business planning and
investment;

BUILD on their respective rights and obligations under the
General Agreement on Tariffs and Trade and other multilateral and bilateral
instruments of cooperation;

ENHANCE the competitiveness of their firms in global markets;

FOSTER creativity and innovation, and promote trade in goods and services
that are the subject of intellectual property rights;

CREATE new employment opportunities and improve working conditions
and living standards in their respective territories;

UNDERTAKE each of the preceding in a manner consistent with
environmental protection and conservation;

PRESERVE their flexibility to safeguard the public welfare;

PROMOTE sustainable development;

ANNEXES

ANNEX 1
Relevant Provisions of the North American Free Trade Agreement

ANNEX 2
Notes of Interpretation of Certain Chapter 11 Provisions (NAFTA Free Trade Commission, July 31, 2001)

ANNEX 3
Statement of the Free Trade Commission on Non-Disputing Party Participation (October 7, 2003)

ANNEX 4
List of Participants to the Joint McGill-IAI Conference Held in Montreal on September 25, 2009

ANNEX 5
Table of Abbreviations

About the Editors:

Emmanuel Gaillard, Chairman of the IAI, is acknowledged as one of the world's leading experts on international arbitration. He has written extensively on all aspects of international arbitration law, in French and in English. Professor Gaillard teaches International Arbitration and Private International Law at the University of Paris XII. He has acted as arbitrator, counsel and expert in over 250 international arbitration proceedings and Chair of Shearman & Sterling LLP International Arbitration practice.

Frédéric Bachand has been a Professor of law at McGill University since 2003, He currently teaches transsystemic courses on evidence in civil matters, civil procedure, extrajudicial means of dispute resolution and NAFTA Chapter 11 arbitration. Professor Bachand holds doctoral degrees from Université Panthéon-Assas (Paris II) and Université de Montréal, as well as an LL.M. from the University of Cambridge. He is the co-director, with Professor Thomas E. Carbonneau of Penn State University, of the McGill Summer Program in Arbitration and is a member of the NAFTA Advisory Committee on Private Commercial Disputes.