UNSPECIFIED. (1999) Assessing the NAFTA Chapter 19 Binational Panel System: An experiment in international adjudication. HARVARD INTERNATIONAL LAW JOURNAL, 40 (2). pp. 379-449. ISSN 0017-8063

Abstract

There exists a perception that domestic adjudication is superior to international adjudication. The NAFTA Chapter 19 Binational Panel System challenges this notion. The Binational Panel System is a unique experiment: in international adjudication because it requires binational panels to work in parallel to U.S. courts. When the Binational Panel System is compared to these domestic courts, the binational panels prove more competent, efficient, and consistent than their U.S. counterparts. Chapter 19's success is strong evidence that a much greater role for international adjudicatory mechanisms in international agreements is desirable.

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