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Dispute Settlement In The Nafta
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Author :Jorge Alberto Huerta-Goldman Publisher :Kluwer Law International B.V. ISBN 13 :9041131698 Total Pages :402 pages Book Rating :4.0/5 (411 download)
Book Synopsis Mexico in the WTO and NAFTA by : Jorge Alberto Huerta-Goldman
Download or read book Mexico in the WTO and NAFTA written by Jorge Alberto Huerta-Goldman and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis North American Free Trade Agreement by : United States. General Accounting Office
Download or read book North American Free Trade Agreement written by United States. General Accounting Office and published by . This book was released on 1994 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Understanding Dispute Settlement Mechanisms in the World Trading System by : Rahmat Mohamad
Download or read book Understanding Dispute Settlement Mechanisms in the World Trading System written by Rahmat Mohamad and published by . This book was released on 2004 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Canada. Parliament. House of Commons. Standing Committee on Foreign Affairs and International Trade Publisher : ISBN 13 : Total Pages :104 pages Book Rating :4.:/5 (31 download)
Book Synopsis Dispute Settlement in the NAFTA by : Canada. Parliament. House of Commons. Standing Committee on Foreign Affairs and International Trade
Download or read book Dispute Settlement in the NAFTA written by Canada. Parliament. House of Commons. Standing Committee on Foreign Affairs and International Trade and published by . This book was released on 2005 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis North American Free Trade Agreement U.S. experience with environment, labor, and investment dispute settlement cases : report to the Chairman, Subcommittee on Trade, Committee on Ways and Means, House of Representatives by :
Download or read book North American Free Trade Agreement U.S. experience with environment, labor, and investment dispute settlement cases : report to the Chairman, Subcommittee on Trade, Committee on Ways and Means, House of Representatives written by and published by DIANE Publishing. This book was released on with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Seeking Common Ground by : Andrew D Anderson
Download or read book Seeking Common Ground written by Andrew D Anderson and published by Routledge. This book was released on 2019-06-26 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Dispute Settlement Under the NAFTA by : Leon E. Trakman
Download or read book Dispute Settlement Under the NAFTA written by Leon E. Trakman and published by Irvington-on-Hudson, N.Y. : Transnational Publishers. This book was released on 1997-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis NAFTA Chapter 11 Dispute Settlement Mechanism and Mexico by : Sergio Puig de la Parra
Download or read book NAFTA Chapter 11 Dispute Settlement Mechanism and Mexico written by Sergio Puig de la Parra and published by . This book was released on 2004 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Created from NAFTA: The Structure, Function and Significance of the Treaty's Related Institutions by : Joseph A. McKinney
Download or read book Created from NAFTA: The Structure, Function and Significance of the Treaty's Related Institutions written by Joseph A. McKinney and published by Routledge. This book was released on 2016-09-16 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book NAFTA written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The North American Free Trade Agreement (NAFTA) by : Frederick M. Abbott
Download or read book The North American Free Trade Agreement (NAFTA) written by Frederick M. Abbott and published by . This book was released on 2015 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper combines three ...
Book Synopsis Understanding the North American Free Trade Agreement by : Leslie Alan Glick
Download or read book Understanding the North American Free Trade Agreement written by Leslie Alan Glick and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the North American Free Trade Agreement is an easy-to-understand summary and analysis of the major provisions and side agreements of this landmark accord. It's written in terms designed to address the needs of non-experts, but also contains the detailed information that the experienced international trade executive or attorney will find indispensable.
Book Synopsis Commercial Mediation and Arbitration in the NAFTA Countries by : Luis Miguel Díaz
Download or read book Commercial Mediation and Arbitration in the NAFTA Countries written by Luis Miguel Díaz and published by Juris Publishing, Inc.. This book was released on 1999-11-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appendices. Index. With commentary and analysis on commercial mediation and arbitration provided by some of the leading Judges, Lawyers and Academics in the field, Commercial Mediation and Arbitration in the NAFTA Countries is the definitive source on dispute resolution under NAFTA and also on arbitration and mediation in Canada, Mexico and the United States - on both the National and International level. This work, the result of the efforts of the Canadian, Mexican and United States? governments and the U.S. Mexico Conflict Resolution Center (CRC), which was created in 1994 via United States Congressional funding to promote Arbitration and ADR in the NAFTA region, presents the proceedings of the first-ever conference on mediation and arbitration in the NAFTA countries held in Mexico City in June 1999. This work is not only timely, but a must for anyone involved, either directly or indirectly, in dispute resolution in the region.
Book Synopsis NAFTA Revisited by : Gary Clyde Hufbauer
Download or read book NAFTA Revisited written by Gary Clyde Hufbauer and published by Columbia University Press. This book was released on 2005-10-15 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: NAFTA entered into force in 1994 after a bitter Congressional debate. But NAFTA in operation has proved no less controversial than NAFTA before ratification, for both supporters and opponents of trade liberalization have cited experience with the agreement to justify their positions. To provide a factual basis for this ongoing debate, the authors evaluate NAFTA's performance over the first seven years, comparing actual experience with both the objectives of the agreement's supporters and the charges of its critics. They then examine future challenges and opportunities in the trade and investment relationships among the three partner countries and the broader implications for new trade initiatives throughout the hemisphere.
Book Synopsis Handbook of NAFTA Dispute Settlement by : Ralph Haughwout Folsom
Download or read book Handbook of NAFTA Dispute Settlement written by Ralph Haughwout Folsom and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements by : Theresa Jensen
Download or read book The Role of Dispute Settlement Mechanisms in the Constitutionalization of Regional Trade Agreements written by Theresa Jensen and published by . This book was released on 2011 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :C. Fred Bergsten Publisher :Peterson Institute for International Economics ISBN 13 :0881327301 Total Pages :142 pages Book Rating :4.8/5 (813 download)
Book Synopsis A Path Forward for NAFTA by : C. Fred Bergsten
Download or read book A Path Forward for NAFTA written by C. Fred Bergsten and published by Peterson Institute for International Economics. This book was released on 2017-07-31 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
