The Road to Hell? Investor Protections in NAFTA’s Chapter 11

NAFTA’s Chapter 11 was forged in the fires of good intention, designed to protect investors of the three NAFTA countries from mistreatment at the hands of governments and thus to accelerate investment among them, presumably for the benefit of all. But like the proverbial ‘road to hell paved with good intentions’, it has proven to be more problematic than anyone imagined during the pre-1995 negotiations. Chapter 11 has given rise to a number of high-profile challenges brought by corporations against environmental, health and safety measures taken by the three governments, providing fuel for the anger of myriad civil society organizations opposed to trade and investment liberalization.