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Intellectual Property, International Protection »

Frederick M Abbott
1 Intellectual property is regulated at the multilateral, regional, bilateral, national, and sub-national levels. Intellectual property was perhaps the first element of world trade subject to truly multilateral discipline with the Paris Convention for the Protection of Industrial Property of 1883 (‘Paris Convention’) and the Berne Convention for the Protection of Literary and Artistic Work of 1886 (‘Berne Convention’). 2 Intellectual property is a defined set of the intangible products of human creative activity. Unlike real property and personal property which...

North American Free Trade Agreement (1992) »

Frederick M Abbott
1 The North American Free Trade Agreement (‘NAFTA’) establishes a free trade area comprised of the territories of Canada, Mexico, and the US. The NAFTA entered into force on 1 January 1994 . As between Canada and the US, it is the successor to the Canada-US Free Trade Agreement (‘CUSFTA’) that entered into force on 1 January 1989 , which is suspended so long as the NAFTA remains in effect. Negotiation of the NAFTA was initiated during the US presidency of George HW Bush at the suggestion of President Carlos Salinas of Mexico. This was during a period in which...

North American Free Trade Agreement, Case-Law »

Frederick M Abbott
1 The institutional organization of the North American Free Trade Agreement (1992) (‘NAFTA’) dispute settlement system is described in a separate contribution ( North American Free Trade Agreement, Dispute Settlement ). In this contribution the decisions rendered by the various bodies constituted under that system are described. 2 As of 15 July 2009, three decisions have been rendered by panels under the Chapter 20 dispute settlement procedure. 3 The first NAFTA claim decided under the Chapter 20 procedure involved an alleged conflict between the World Trade...

North American Free Trade Agreement, Dispute Settlement »

Frederick M Abbott
1 The North American Free Trade Agreement (1992) (‘NAFTA’) incorporates three distinct dispute settlement mechanisms within the main text of the agreement, and several additional mechanisms in its supplementary agreements. 2 The principal dispute settlement mechanism is established by Chapter 20 of the NAFTA . This mechanism permits each of the States Parties—ie Canada, Mexico, and the US—to bring a claim against another regarding interpretation and application of the agreement. This mechanism is not open to private party claimants. Chapter 20 dispute settlement...