Dispute settlement in the NAFTA : fixing an agreement under siege PDF Download
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Author: Canada. Parlement. Chambre des communes. Comité permanent des affaires étrangères et du commerce international
Publisher:
ISBN:
Category :
Languages : en
Pages : 82
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Book Description
Author: Canada. Parlement. Chambre des communes. Comité permanent des affaires étrangères et du commerce international
Publisher:
ISBN:
Category :
Languages : en
Pages : 82
Get Book Here
Book Description
Author: Canada. Parliament. House of Commons. Standing Committee on Foreign Affairs and International Trade
Publisher:
ISBN:
Category :
Languages : en
Pages : 82
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 42
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Book Description
The North American Free Trade Agreement (NAFTA) Chapter 19 dispute settlement mechanism is designed to handle disputes over anti-dumping and countervailing duty among the NAFTA partners in a timely manner. This report addresses the flaws in Chapter 19 by examining the following: use of Chapter 19 as a tool for protectionism and harassment; precedents; timelines; use of extraordinary challenge committees; institutional infrastructure and funding; panel bias and selection; American trade remedy law. The report then explores ways to address these flaws, including making use of Article 1903, and Chapter 20 consultations. Finally, the report discusses the Byrd Amendment and the issue of returning softwood lumber duties.
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: Canada
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
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Book Description
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: Simon Lester
Publisher:
ISBN:
Category :
Languages : en
Pages : 23
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Book Description
Without a properly functioning dispute process, the obligations in a trade agreement may not be worth much. As part of the NAFTA renegotiation, the NAFTA parties should try to fix certain flaws in the NAFTA Chapter 20 dispute settlement process that emerged a few years after NAFTA came into force. Chapter 20 was used regularly in its early years, but usage dropped considerably after panel selection was blocked in a case involving U.S. restrictions on Mexican sugar. In this paper, we examine recent innovations on panel selection in the TPP, CETA, and JEEPA dispute provisions, and draw from those to develop principles that can guide revisions to the NAFTA Chapter 20 panel selection process.
Author: Patrick Dumberry
Publisher: Wolters Kluwer Law & Business
ISBN: 9789041132888
Category : Arbitration
Languages : en
Pages : 0
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Book Description
Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105. This bookand’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunalsand’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA. Among the issues treated in the course of the analysis are the following: the origin, development, nature and content of the concept of the and‘minimum standard of treatmentand’ and its interaction with the FET standard; the specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation; the context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it; whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105; the many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105; the interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation; and how NAFTA tribunals have assessed damages for breach of Article 1105. This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.
Author: James R. Holbein
Publisher:
ISBN:
Category : Foreign trade regulation
Languages : en
Pages : 1326
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Book Description
In one complete, easy-to-use source, you will receive coverage of the rapidly changing rules governing trade in North America, making it easy for you to locate the information you need to be in compliance with any North American Free Trade Agreement...and to take advantage of the allowances. These looseleaf volumes provide comprehensive information on all new trading agreements and explain, among other topics, what NAFTA covers and how its decisions are rendered; how the new free trade agreements are being negotiated and what the policy positions are; and what government officials and practitioners are saying about these arguments.
Author: Asean Studies Center
Publisher: Institute of Southeast Asian Studies
ISBN: 9814279145
Category : Business & Economics
Languages : en
Pages : 280
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Book Description
In November 2008, the Regional Economic Studies Programme of the Institute of Southeast Asian Studies (ISEAS) and the Singapore office of the International Development Research Centre (IDRC) of Canada organised a forum on "Regional Economic Integration - ASEAN and Canadian Perspectives". The forum concluded that fundamentally the ASEAN Free Trade Area (AFTA) and the North American Free Trade Agreement (NAFTA) were two different kinds of agreements. First, while NAFTA focused entirely on trade and investments, the scope of AFTA was much broader, going beyond issues of trade and investments alone. Secondly, NAFTA was a lightly institutionalized regional trade agreement. There was no formal policy of institutional or policy development, and it lacked legislative instruments. Although ASEAN had a secretariat, its regional institutions remained weak in comparison to those of the European Union. Thirdly, the dispute-settlement mechanism in ASEAN was different from that of NAFTA. The ASEAN provisions were scattered over a number of documents and covered both economic (trade and investment) issues and other disputes (e.g., political or territorial), while NAFTA provisions were contained in a single document and could be applied only to matters related to trade and investments. Finally, although many studies presented trade liberalisation as a win-win proposition, the distribution of costs and benefits was mostly uneven. In the case of Canada, short-run gains in efficiency from expanded trade could be identified, but it was harder to determine longer-term dynamic gains. On the other hand, in the case of ASEAN, it was still grappling with the issue of the development divide, especially since the admission of Cambodia, Laos, Myanmar and Vietnam into the group.
