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Author : José Luis Laporta
Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.:/5 (318 download)
Download or read book The Standard of Review Under the North American Free Trade Agreement Chapter 19 written by José Luis Laporta and published by . This book was released on 1999 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Juscelino F. Colares
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book NAFTA's Double Standards of Review written by Juscelino F. Colares and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 19 of the North American Free Trade Agreement (NAFTA) replaced court review of U.S. antidumping and countervailing duties with binding review by special binational panels of trade experts. It requires these panels to apply the same standard of review that U.S. courts use in trade remedy cases. Despite the centrality of this requirement to the Chapter 19 panel system, these panels have not adhered to this mandate. Chapter 19 panels overturn U.S. agency rulings much more often than the courts. In fact, they apply two different standards of review: exacting scrutiny where foreign producers and governments appeal, and near-absolute deference to agencies when U.S. industries appeal. In contrast, panels have shown great deference to Canadian agency determinations (which almost invariably find dumping exists) and favor Canadian industries seeking duties as often as foreign producers seeking their reduction or elimination. Previously suggested explanations - that Chapter 19 appeals involve different facts, that U.S. courts are inept, or that U.S. industries have captured U.S. agencies - fail to explain these phenomena. Rather, these discrepancies result from conflicting views about trade laws within the U.S. government, the relatively greater incentive of the Canadian government to control the Chapter 19 process through panel appointments and political action, and a procedural structure that makes it easy for panelists to override the U.S. legislative process. Proponents of free trade have, with some reason, warmly received Chapter 19. These discrepancies, however, may reduce the credibility of international dispute settlement and impede negotiations of other agreements.
Author : James R. Cannon
Publisher : McGraw-Hill Companies
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.:/5 (318 download)
Download or read book Resolving Disputes Under NAFTA Chapter 19 written by James R. Cannon and published by McGraw-Hill Companies. This book was released on 1994 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Leslie Alan Glick
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132058
Total Pages : 234 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Juscelino F. Colares
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Alternative Methods of Appellate Review in Trade Remedy Cases written by Juscelino F. Colares and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United States and Canada agreed to replace U.S. judicial review of trade-remedy cases with a new dispute mechanism under Chapter 19 of the Canada-United States Free Trade Agreement (now the North American Free Trade Agreement), the U.S. Congress and trade negotiators expected that the new dispute settlement panels would apply U.S. law and the standard of review in the same manner as U.S. courts. This requirement was embodied in the text of the agreement and has at least nominally been applied by Chapter 19 panels ever since. Empirical analysis of seventeen years of decisions now allows a conclusion with a high degree of confidence that this has not been the case. Chapter 19 panels are far more likely than U.S. courts to overturn U.S. agency decisions. Not only that, but Chapter 19 panels have produced outcomes more favorable to Canadian importers than have U.S. courts. This outcome illustrates that the facial legal terms of an international agreement may give a misleading impression of how it will actually be implemented, and suggests that greater attention must be paid to how it will be interpreted and by whom.
Author : United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (121 download)
Download or read book Accession of Chile to the North American Free Trade Agreement written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade and published by . This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ross Becroft
Publisher : Edward Elgar Publishing
ISBN 13 : 178100224X
Total Pages : 289 pages
Book Rating : 4.7/5 (81 download)
Download or read book The Standard of Review in WTO Dispute Settlement written by Ross Becroft and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Applying the proper standard of review has been a vexing issue for WTO panels and Members alike. As in national systems, the degree to which the reviewing body (here the panel) defers to the investigating authority is frequently controversial. Dr. Becroft has provided a thorough analysis of the WTO jurisprudence to date, identified the shortcomings of the present approach and offered a thoughtful series of recommendations for formulating a new and better standard of review.' David A. Gantz, The University of Arizona, US 'Ross Becroft has produced a solid monograph which adds to the existing literature on the correct standard of review to be applied by a WTO panel. Becroft's work is well-research and written and his analysis is straight-forward and comprehensive. His call for a new standard of review is well thought out, creative and feasible. Becroft's book is recommended reading for those interested in the workings and decision-making in WTO dispute settlement.' Bryan Mercurio, The Chinese University of Hong Kong 'This is an important book and should be considered to be on the required reading list of anyone professionally involved in dispute settlement at the WTO. The standard of review is at the core of the dispute settlement process and Ross Becroft has made a major contribution with his comprehensive and insightful analysis and suggestions for a new standard of review for the future.' Andrew Stoler, Executive Director, Institute for International Trade and former WTO Deputy Director-General This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate. This work provides a foundation for mediating relations between states and the WTO, and similar international organisations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organisations in general.
Author :
Publisher :
ISBN 13 :
Total Pages : 570 pages
Book Rating : 4.A/5 ( download)
Download or read book North American Free Trade Agreement: chapters 9-22 written by and published by . This book was released on 1992 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gary Clyde Hufbauer
Publisher : Peterson Institute
ISBN 13 : 9780881321203
Total Pages : 396 pages
Book Rating : 4.3/5 (212 download)
Download or read book North American Free Trade written by Gary Clyde Hufbauer and published by Peterson Institute. This book was released on 1992 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines negotiation of the North American Free Trade Agreement. Analyses issues involved and provides policy recommendations through study of the potential impact and critical factors concerning trade, investment, labour, the environment, and intellectual property. Also covers the impact upon and adjustments required in major industrial sectors - energy, steel, automobiles, textiles and apparel, agriculture, and the financial system.
Author : United States. President (1993-2001 : Clinton)
Publisher :
ISBN 13 :
Total Pages : 1780 pages
Book Rating : 4.:/5 (319 download)
Download or read book North American Free Trade Agreement, Texts of Agreement, Implementing Bill, Statement of Administrative Action, and Required Supporting Statements written by United States. President (1993-2001 : Clinton) and published by . This book was released on 1993 with total page 1780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Office of the U.S. Trade Representative
Publisher :
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.:/5 (3 download)
Download or read book Trade Policy Agenda and ... Annual Report of the President of the United States on the Trade Agreements Program written by United States. Office of the U.S. Trade Representative and published by . This book was released on 1999 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jorge I. Domínguez
Publisher : Routledge
ISBN 13 : 1135313512
Total Pages : 239 pages
Book Rating : 4.1/5 (353 download)
Download or read book The United States and Mexico written by Jorge I. Domínguez and published by Routledge. This book was released on 2013-05-13 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: By sharing one of the longest land borders in the world, the United States and Mexico will always have a special relationship. In the early twenty-first century, they are as important to one another as ever before with a vital trade partnership and often-tense migration positions. The ideal introduction to U.S.-Mexican relations, this book moves from conflicts all through the nineteenth century up to contemporary democratic elections in Mexico. Domínguez and Fernández de Castro deftly trace the path of the relationship between these North American neighbors from bloody conflicts to (wary) partnership. By covering immigration, drug trafficking, NAFTA, democracy, environmental problems, and economic instability, the second edition of The United States and Mexico provides a thorough look back and an informed vision of the future.
Author : Henrik Horn
Publisher : Cambridge University Press
ISBN 13 : 1139450573
Total Pages : 327 pages
Book Rating : 4.1/5 (394 download)
Download or read book The WTO Case Law of 2001 written by Henrik Horn and published by Cambridge University Press. This book was released on 2004-01-22 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was the first in a groundbreaking series of annual volumes utilized in the development of an American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2001 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each of the cases is jointly evaluated by an economist and a lawyer, both well-known experts in the field of trade law or international economics. The Reporters critically review the jurisprudence of WTO adjudicating bodies and attempt to evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The Studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute.
Author :
Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.3/5 (129 download)
Download or read book Government Ethics Newsgram written by and published by . This book was released on 1994 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (121 download)
Download or read book Federal Register written by and published by . This book was released on 2013-11 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Greg Anderson
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228000769
Total Pages : 199 pages
Book Rating : 4.2/5 (28 download)
Download or read book Freeing Trade in North America written by Greg Anderson and published by McGill-Queen's Press - MQUP. This book was released on 2020-03-02 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceived in an era of rapid post–Cold War economic liberalization, the North American Free Trade Agreement (NAFTA), signed in 1994, brought together Canada, Mexico, and the United States with the aim of creating a regional trade bloc that eliminated the friction and costs of trade between the three nations. Without an overarching institutional framework, NAFTA never sought to attain the levels of integration achieved by the European Union – for many it was a missed opportunity – and never quite fulfilled its potential as a single market. And under Donald Trump's administration a trilateral trade agreement has become increasingly precarious. Freeing Trade in North America explains the theory behind the politics and economics of trade in North America, offering an accessible and concise analysis of the key provisions, shortcomings, and past revision efforts of the governments involved. At a time of increasing protectionism and heightened awareness of trading relationships, the book highlights the lessons to be learned from the fraught history of one of the largest trade blocs in the world.
Author : IBP USA
Publisher : Lulu.com
ISBN 13 : 1433085054
Total Pages : 294 pages
Book Rating : 4.4/5 (33 download)
Download or read book North America Free Trade Agreement (NAFTA) Handbook: Framework, Implementation, Problems written by IBP USA and published by Lulu.com. This book was released on 2013-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bangladesh Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information and Basic Laws
