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Author: Jorge Alberto Huerta-Goldman
Publisher: Kluwer Law International B.V.
ISBN: 9041131698
Category : Business & Economics
Languages : en
Pages : 402
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Book Description
This timely and thought-provoking work analyses Mexico's conduct of its international trade dispute litigation from 1986 to 2007 in both multilateral and bilateral fora (i.e., GATT/WTO) as well as preferential trade agreements such as NAFTA. It exhaustively examines all cases and provides a well-reasoned explanation of Mexico's conduct, looking at factors such as bargaining power and political economy-type considerations. It also touches upon the strengths and weaknesses of the various dispute settlement systems that Mexico has used, analyzing their procedural aspects and their more important substantive elements. In addition, It suggests a methodology for assessing the results of litigation, based on inputs and outputs. This methodology may be used for assessing the cases of other WTO Members. It compares the dispute settlement system of the WTO and NAFTA, including other preferential trade agreements. This is useful in the context of any WTO Member with ? potential or existing ? regional dispute settlement systems. Based on Mexico's data, it evidences the limitations of country v. country legal remedies by highlighting the issues left unresolved. It analyzes the conflicts of law between NAFTA and the WTO dispute settlement systems.
Author: Jorge Alberto Huerta-Goldman
Publisher: Kluwer Law International B.V.
ISBN: 9041131698
Category : Business & Economics
Languages : en
Pages : 402
Get Book Here
Book Description
This timely and thought-provoking work analyses Mexico's conduct of its international trade dispute litigation from 1986 to 2007 in both multilateral and bilateral fora (i.e., GATT/WTO) as well as preferential trade agreements such as NAFTA. It exhaustively examines all cases and provides a well-reasoned explanation of Mexico's conduct, looking at factors such as bargaining power and political economy-type considerations. It also touches upon the strengths and weaknesses of the various dispute settlement systems that Mexico has used, analyzing their procedural aspects and their more important substantive elements. In addition, It suggests a methodology for assessing the results of litigation, based on inputs and outputs. This methodology may be used for assessing the cases of other WTO Members. It compares the dispute settlement system of the WTO and NAFTA, including other preferential trade agreements. This is useful in the context of any WTO Member with ? potential or existing ? regional dispute settlement systems. Based on Mexico's data, it evidences the limitations of country v. country legal remedies by highlighting the issues left unresolved. It analyzes the conflicts of law between NAFTA and the WTO dispute settlement systems.
Author: Rahmat Mohamad
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 196
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Book Description
Author: United States. General Accounting Office
Publisher:
ISBN:
Category : Executive advisory bodies
Languages : en
Pages : 80
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Book Description
Author: Canada. Parliament. House of Commons. Standing Committee on Foreign Affairs and International Trade
Publisher:
ISBN:
Category : Antidumping duties
Languages : en
Pages : 104
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Book Description
Author:
Publisher: DIANE Publishing
ISBN: 142894902X
Category :
Languages : en
Pages : 72
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Book Description
Author: Andrew D Anderson
Publisher: Routledge
ISBN: 1000311163
Category : Political Science
Languages : en
Pages : 318
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Book Description
On January 1, 1989 the Canadian government began to implement the free trade deal that it had completed with the Government of the United States on October 4, 1987. Before signing the Canada-U.S. Free Trade Agreement (FTA) the Canadian government had sought exemption from the use by the United States of its ‘unfair’ trade law system of anti-dumping (AD) and countervailing duties (CVDs). While the U.S. ‘unfair’ trade law system is presumed to be based on principles agreed to in the General Agreement on Tariffs and Trade (GATT), economists, and other scholars, have contended that the system is not being applied properly; by reducing the harm caused by the margin of the foreigners' subsidy or dumping practices. Instead, it is being used to provide shelter to U.S. based corporations and industries seeking import relief, where shelter represents a type of administered trade protection, since the actions are undertaken and paid for by the U.S. government. This abuse came to represent a serious problem for Canadian producers in the1980s, who are extremely reliant on exports to the United States. To an increasing degree they believed they had become the target of U.S. trade law actions by their U.S. competitors. The United States was, however, not prepared to eliminate its ‘unfair’ trade law system for Canada, but instead, agreed to the setting up of two dispute settlement mechanisms (DSMs) where Canadian and American citizens could sit on binational panels to hear the final review of complaints lodged against the administrative agencies actions in either country on AD and CVD cases under Chapter Nineteen of the FTA or on general trade disputes under Chapter Eighteen of the FTA. This book critically examines the development and implementation of these two DSMs over the January 1, 1989 to August 15, 1994 period. It also provides a broader analysis of the issues surrounding the problems of the application of the ‘unfair’ trade laws, by examining the Canada-U.S. FTA's DSM systems against the present use by Canada and the United States of the procedures available under the 1979 GATT Subsidies Code. It also examines the changes that have been made in the 1994 GATT Subsidies Code and the North American Free Trade Agreement (NAFTA) which has incorporated, with revisions, Chapter Eighteen and Nineteen as Chapter Twenty and Nineteen of the NAFTA, respectively, and extended access to these mechanisms to Mexico. This book primarily focuses on the application of CVDs and the adverse international affects of governments subsidies practices, though many of the issues raised are also applicable to the application of AD duties and the private subsidization activities of firms. The book finds that, first; the Chapter Nineteen DSM may provide some short-term benefits to Canadian producers, but for ensuring the long-run 313stability of Canadian producers access to their U.S. markets, including the eradication of harassment by U.S. based producers using the ‘unfair’ trade laws, Canada still needs to push for major changes to the CVD and AD processes in the NAFTA mandated Working Groups. Second, if Chapter Eighteen, or now Twenty of the NAFTA, is going to best serve the interests of Canadian, American and Mexican citizens, then it is going to have to be seriously revised to take into account some type of consumer welfare criterion. As NAFTA is presently written it has a strong bias, carried over from the Canada-U.S. FTA, toward producer interests which may detract from the long run interests of consumers in the NAFTA area. The ability of groups who seek redress for the closing of markets in the NAFTA area by the three Parties to the Agreement is very weak at the present time.
Author: Leon E. Trakman
Publisher: Irvington-on-Hudson, N.Y. : Transnational Publishers
ISBN: 9781571050434
Category : Law
Languages : en
Pages : 416
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Book Description
Dispute Settlement Under the NAFTA is a well-organized road map for finding & understanding the NAFTA provisions relating to resolution of disputes likely to arise in the context of the treaty. A unique resource that serves as a valuable reference point for NAFTA partners trying to use the treaty provisions to avoid or resolve differences ... Gil Friedlander, Senior Vice President, General Counsel & Secretary of Electronic Data Systems Corporation.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Joseph A. McKinney
Publisher: Routledge
ISBN: 131529219X
Category : Business & Economics
Languages : en
Pages : 231
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Book Description
The North American Free Trade Agreement involved much more than simple trade barrier reduction. This volume provides an in-depth examination and analysis of the structure, functions, and performance of the NAFTA institutions from their inception.
Author: C. Fred Bergsten
Publisher: Peterson Institute for International Economics
ISBN: 0881327301
Category : Business & Economics
Languages : de
Pages : 142
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Book Description
The North American Free Trade Agreement (NAFTA) ranks at the top of anyone’s list of the most controversial trade deals of all time. Reviled by critics as unfair and as a job destroyer, praised by its defenders as having a documented record of success in spurring economic growth, NAFTA reduced tariff barriers to zero for the United States, Mexico, and Canada and led to a tripling of trade among these three countries over the last 23 years. The Peterson Institute for International Economics (PIIE) has abundantly detailed the many gains and acknowledged costs of NAFTA in numerous publications. Now that President Donald Trump has launched a renegotiation of NAFTA—having at least for the moment abandoned his 2016 campaign pledge to cancel the pact outright—the fundamental question is: Can such a renegotiation produce a positive result? A broad range of experts who have contributed to this PIIE Briefing say “yes.” The new negotiations can succeed only if they focus on how the agreement can be updated and upgraded, however. NAFTA can be modernized only if President Trump’s zero-sum “America First” agenda is replaced by one that seeks to benefit all three countries and improve their competitiveness in an increasingly competitive global economy. Prioritizing American interests is of course essential in any US trade negotiation. But an obsessive concern about bilateral trade balances and narrow special interests in the United States, as opposed to broader national and regional interests, would not only deadlock the negotiations but also likely lead to inferior outcomes for all three countries, or even a breakdown in the talks and an abrogation of the agreement. And walking away from NAFTA altogether would be disastrous for consumers, producers, and retailers in the United States. As argued in several chapters of this Briefing, abandoning NAFTA would degrade regional competitiveness and terminate jobs across North America, undoing the integration achieved since the agreement’s inception.
