Private Interests, Public Borders, and the NAFTA's Chapter 11: Lessons from the Mad-Cow Saga


  • Ryan Clements
  • Moin A. Yahya



This article provides a detailed overview of the mad-cow saga that took place from 2003 until 2005, and discusses its adverse impact on the economic markets of Canada and the United States in terms of trade synergies and amicable commercial relationships. The authors go on to discuss the remedies and dispute resolution mechanisms offered by the NAFTA, particularly c. 11. Ultimately, the article argues that c. 11 is a useful tool for parties to redress their loss when they have been subjected to unfair treatment by interest groups that pursue litigation in domestic courts. This argument is grounded in a discussion of Leowen v. O’Keefe and the litigation pursued by Ranchers Cattlemen Action Legal Fund.