Chapter 11 and the Francovich doctrine : Comparing state liability under NAFTA and EC law

At the heart of Chapter 11 of NAFTA is the thorny issue of state liability ; that is, the question of whether and when the state should be obliged to pay damages to individuals harmed by the state carrying out public functions in an unlawful way. In common law countries, the (non-contractual) liability of government is circumscribed by requirements of fault or misfeasance on the part of a public body or official.1 (suite dans le document joint)