Trade & the Environment


"Who Will Decide for Us?" by John Echeverria, Washington Legal Times, March 8, 2004.
This op-ed piece raises the question of whether the investor-state litigation process in international trade agreements (a.k.a. the internationalization of the takings project) conflicts with Article III of the U.S. Constitution and the principle of separation of powers.

"Skirting the Law; under NAFTA, foreign companies can avoid American courts" by Mike McKee, The Recorder, February 4, 2004.

"The Real Contract on America," by John Echeverria. Published by The Environmental Law Institute, July/August 2003. This article describes how NAFTA Chapter 11 threatens the U.S. constitutional system as well as U.S. environmental regulatory standard. It is accompanied by short pieces on Chapter 11 by Stephen Canner, Vice President of the U.S. Council for International Business; Bill Lockyer, Attorney General of California; and Gustavo Alanis-Ortega, President of the Mexican Environmental Law Center.

"Changes in the Investor-State Litigation Process As a result of the Chile and Singapore Trade Agreements," by John Echeverria. July 2003.

"Loewen, Mondev and Review of U.S. Judicial Rulings by International Arbitration Panels," by John D. Echeverria. July 2003.

"Foreign Investor Litigation Against the United States Under NAFTA and Other International Investment Agreements," by John D. Echeverria. A presentation of this paper was given at the Conference of Chief Justices' Mid-Year Meeting on January 29, 2003 in Williamsburg, VA.

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