One of These Things Is Not Like the Other: U.S. Participation in International Tribunals and Why Chapter Nineteen of NAFTA Does Not Fit


This Note discusses NAFTA’s dispute resolution mechanism in light of U.S. constitutional norms. Although Chapter Nineteen of NAFTA appears to be consistent with current constitutional doctrine on Article III, the Appointments Clause, and the Due Process Clause, this Note contends that Chapter 19 significantly interferes with the rights of private parties. In doing so, Chapter Nineteen stands in stark contrast to international adjudication as it existed during the infancy of the Republic. In light of this contrast, it becomes clear that Chapter Nineteen contravenes U.S. constitutional principles.