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International Investment And Role Of NAFTA: Critical Analysis




Pragya Srivastava, Assistant Professor, United University and Yashveer Singh, Assistant Professor, United University


ABSTRACT


This paper critically examines international investment, particularly the role of the North American Free Trade Agreement (NAFTA). International investment is crucial for global economic development, facilitating capital flows, enhancing productivity, and fostering economic cooperation among nations. NAFTA, established in 1994 between the United States, Canada, and Mexico, significantly impacted international investment patterns by establishing one of the world’s largest free trade zones. The agreement aimed to eliminate trade barriers, safeguard investors, and promote cross-border investments among member countries.


The study delves into how NAFTA contributed to increased Foreign Direct Investment (FDI) in the region. It provides legal certainty, investor protection clauses, and dispute resolution mechanisms, which attracted investment and boosted economic integration. However, NAFTA also faced criticism for favouring multinational corporations, leading to job displacements and creating socio-economic disparities.


Furthermore, the paper evaluates NAFTA’s investor-state dispute settlement (ISDS) provisions. While ISDS provided investor protection, it also posed challenges to national sovereignty. By comparing pre- and post-NAFTA investment trends, the research highlights the advantages and limitations of such trade agreements in regulating international investment.


In conclusion, the paper emphasises the need for balanced investment agreements that protect investors while ensuring equitable development, social justice, and environmental sustainability. The findings are contextualised in light of the transition from NAFTA to the United States- Mexico-Canada Agreement (USMCA).



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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