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Naftas Double Standards Of Review
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Book Synopsis NAFTA's Double Standards of Review by : Juscelino F. Colares
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.
Book Synopsis Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration by : Valentina Vadi
Download or read book Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration written by Valentina Vadi and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.
Book Synopsis Rigged Rules and Double Standards by : Kevin Watkins
Download or read book Rigged Rules and Double Standards written by Kevin Watkins and published by Oxfam. This book was released on 2002 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical and detailed analysis of inequalities of world trade systems.
Book Synopsis Review of Issues Related to the North American Free-Trade Agreement--NAFTA by : United States. Congress. House. Committee on Agriculture
Download or read book Review of Issues Related to the North American Free-Trade Agreement--NAFTA written by United States. Congress. House. Committee on Agriculture and published by . This book was released on 1993 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Advanced Introduction to International Trade Law by : Michael J. Trebilcock
Download or read book Advanced Introduction to International Trade Law written by Michael J. Trebilcock and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two leading scholars with 60 years of collective experience in the area, this insightful updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key updates include references to the most recent cases, decisions and treaty negotiation developments, analysis of populist critiques of international trade law and analysis of new areas including digital trade and security exceptions.
Book Synopsis Trade Remedies in North America by : Gregory Wells Bowman
Download or read book Trade Remedies in North America written by Gregory Wells Bowman and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: and political underpinnings." --Book Jacket.
Book Synopsis NAFTA, Law and Business Review of the Americas by :
Download or read book NAFTA, Law and Business Review of the Americas written by and published by . This book was released on 2000 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade Publisher : ISBN 13 : Total Pages :286 pages Book Rating :4.:/5 (327 download)
Book Synopsis President's Comprehensive Review of the NAFTA by : United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade
Download or read book President's Comprehensive Review of the NAFTA written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade and published by . This book was released on 1999 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis NAFTA and the Environment by : Gary Clyde Hufbauer
Download or read book NAFTA and the Environment written by Gary Clyde Hufbauer and published by Peterson Institute. This book was released on 2000 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Air and water pollution blighted northern Mexican cities long before the North American Free Trade Agreement (NAFTA) was a glimmer on the political horizon. Not surprisingly, when NAFTA became a political reality, environmentalists argued that commercial competition would weaken environmental standards in Canada and the United States and industrial growth in Mexico would further damage its weak environmental infrastructure. NAFTA's huge success in expanding free trade has concentrated population and environmental abuse at the US-Mexico border where it is most visible to Americans. Many environmental groups blame NAFTA and, drawing on its experience, now oppose new trade initiatives.Does the NAFTA record on the environment since 1994 justify its criticism? In this seven-year analysis, the authors review NAFTA's environmental provisions, including a side accord--the North American Agreement on Environmental Cooperation (NAAEC), the situation at the US-Mexican border, and the trends in North American environmental policy. They emphasize that the environmental problems of North America were not the result of NAFTA and the NAAEC was not devised to address all of them. The authors recommend ways to better NAFTA's environmental dimension in all three countries, and improve living conditions where economic growth is greatest--at the US-Mexican border. It makes more sense to tackle the shortcomings than to lament NAFTA and the economic growth it promotes.
Book Synopsis The Fair and Equitable Treatment Standard by : Patrick Dumberry
Download or read book The Fair and Equitable Treatment Standard written by Patrick Dumberry and published by Wolters Kluwer Law & Business. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Gatt/Wto Dispute Settlement System by : Ernst-Ulrich Petersmann
Download or read book The Gatt/Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and published by Martinus Nijhoff Publishers. This book was released on 1997-02-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
Book Synopsis Canada/Mexico/United States by : Human Rights Watch (Organization)
Download or read book Canada/Mexico/United States written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 2001 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Journal of World Trade Law written by and published by . This book was released on 2008-08 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Testimony of John Audley, Sierra Club, Regarding the Environmental Impacts of the North American Free Trade Agreement Before the House Ways & Means Committee, Subcommittee on Trade, September 17, 1992 by : John J. Audley
Download or read book Testimony of John Audley, Sierra Club, Regarding the Environmental Impacts of the North American Free Trade Agreement Before the House Ways & Means Committee, Subcommittee on Trade, September 17, 1992 written by John J. Audley and published by . This book was released on 1992 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Class and Race Formation in North America by : James W. Russell
Download or read book Class and Race Formation in North America written by James W. Russell and published by University of Toronto Press. This book was released on 2009-01-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Russell's meticulously researched and highly detailed book presents a critically important people's history of North America. It provides rich insights and demonstrates the potential of comparative research to broaden our perspective." - Dan Zuberi, University of British Columbia
Book Synopsis U.C. Davis Law Review by : University of California, Davis. School of Law
Download or read book U.C. Davis Law Review written by University of California, Davis. School of Law and published by . This book was released on 1994 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economic Policy and Human Rights by : Radhika Balakrishnan
Download or read book Economic Policy and Human Rights written by Radhika Balakrishnan and published by Bloomsbury Publishing. This book was released on 2011-11-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic Policy and Human Rights presents a powerful critique of three decades of neoliberal economic policies, assessed from the perspective of human rights norms. In doing so, it brings together two areas of thought and action that have hitherto been separate: progressive economics concerned with promoting economic justice and human development; and human rights analysis and advocacy. Focussing on in-depth comparative case studies of the USA and Mexico and looking at issues such as public expenditure, taxation and international trade, the book shows that heterodox economic analysis benefits greatly from a deeper understanding of a human rights framework. This is something progressive economists have often been skeptical of, regarding it as too deeply entrenched in 'Western' norms, discourses and agendas. Such a categorical rejection is unwarranted. Instead, human rights norms can provide an invaluable ethical and accountability framework, challenging a narrow focus on efficiency and growth. A vital book for anyone interested in human rights and harnessing economics to create a better world.
