test Browse by Author Names Browse by Titles of Works Browse by Subjects of Works Browse by Issue Dates of Works
       

Advanced Search
Home   
 
Browse   
Communities
& Collections
  
Issue Date   
Author   
Title   
Subject   
 
Sign on to:   
Receive email
updates
  
My Account
authorized users
  
Edit Profile   
 
Help   
About T-Space   

T-Space at The University of Toronto Libraries >
School of Graduate Studies - Theses >
Master >

Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/30641

Title: The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements
Authors: Jensen, Theresa
Advisor: Green, Andrew
Department: Law
Keywords: Dispute Resolution Mechanism
Constitutionalization
Regional Trade Agreements
Issue Date: 8-Dec-2011
Abstract: This paper discusses the role played by Dispute Resolution Mechanisms in the European Union and the North American Free Trade Agreement (NAFTA), and the way in which they potentially contribute to the constitutionalization of such Regional Trade Agreements. The European Court of Justice has played a major role in the constitutionalization of the European Union due to the preliminary reference procedure, as well as the principles of direct effect and supremacy. The lack of availability to NAFTA Dispute Resolution Mechanisms of the principles which are so influential with the European Court of Justice mean that NAFTA’s Dispute Resolution Mechanisms are unable to drive constitutionalization in a manner similar to the ECJ. Chapter 11 of NAFTA however has the potential to act as a agent of constitutionalization within the scope of international investment law, but not of NAFTA itself.
URI: http://hdl.handle.net/1807/30641
Appears in Collections:Master

Files in This Item:

File Description SizeFormat
Jensen_Theresa_M_20111_LLM_thesis.pdf553.88 kBAdobe PDF
View/Open

This item is licensed under a Creative Commons License
Creative Commons

Items in T-Space are protected by copyright, with all rights reserved, unless otherwise indicated.

uoft