Seeking Common Ground: Canada-U.S. Trade Dispute Settlement Policies in the Nineties

By Andrew D. M. Anderson | Go to book overview
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retaliatory system similar to the one that existed in the United States prior to the FTA.

Chapter 4 examines the resolution of trade disputes between Canada and the United States under the GATT procedures. It also examines why Canadian producers did not feel satisfied with the outcomes of those disputes that were sent to the GATT for resolution. It then discusses the new DSM frameworks implemented in the Canada-U.S. FTA for the final review of AD and CVD cases regarding handling the general trade disputes between the two Parties to the Agreement.


Notes
1.
See Asian Wall Street Journal ( 1992).
3.
Ordoveret al. ( 1983: 334) provide an overview on the problems of retaliation.
4.
For more information on the use of VERs by the EC, see Appendix I in Kellyet al. ( 1988).
5.
Curzon and Curzon ( 1980) raised the issue of the increasing number of OMAs that were negotiated in the 1970s because of the high cost of using Article XIX, the "Escape Clause."
6.
Savage and Horlick ( 1985) provide a discussion on the practicality of building a mechanism in the United States for VER or voluntary restraint agreements (VRA) review to distinguish between legitimate purpose VRAs and illegitimate ones.
7.
This process of a nation's trade law administrative agencies serving their clientele groups is not unique to the United States or even Canada but has also been documented for the EC, e.g., see Lokett ( 1987), Messerlin ( 1989a), and Stegemann ( 1990).
8.
For an overview of how globalized businesses can avoid or utilize the GATT rules for their own advantages, see Ostry ( 1990) and Bhagwati ( 1988).
10.
For an earlier analysis of the first three softwood lumber cases, see Jansen ( 1984) and Leyton-Brown ( 1985).
11.
For example, see Kennedy ( 1989).
12.
See Canada (1985e), GATT ( 1980b), and United States (1930 and 1979d).
13.
See Grey ( 1985) and Hufbauer and Erb ( 1984).
14.
See GATT ( 1980a: Part 1, Article 3[1]-[3] and 1980b: Part 1, Article 6[1]-[3]).
15.
For some critical comments on the use of economics by his colleagues when he was at the ITC, see Cass ( 1989).
16.
See Canada (1980, 1981a, 1983a, and 1985a).
17.
See Canada (1985e and 1981b: 23). The Canadian Anti-Dumping Act was repealed by SIMA.
18.
For an overview of Section 45, see Stegemann ( 1984). Also see Trebilcock ( 1990).
19.
See Canada (1985e: subsection 2[1] and Section 49).
20.
See Canada (1985e: paragraph 49[2][b].
21.
See Canada (1985e: subsection 2[1]).
23.
See Patterson ( 1983) for more on the EC system.

-101-

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