In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.
Human Rights Law | International Law | International Trade Law
Brower II, Charles Hendrickson. NAFTA’s Investment Chapter: Initial Thoughts About Second-Generation Rights. 36 Vand. J. Transnat'l L. 1533, 1566 (2003)