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

By Andrew D. M. Anderson | Go to book overview

Notes
1.
Parts of this chapter have appeared in an earlier form published by Andrew D. M. Anderson and Alan M. Rugman ( 1990), "The Dispute Settlement Mechanisms' Cases in the Canada-United States Free Trade Agreement: An Economic Evaluation," George Washington Journal of International Law and Economics, Vol. 24, No. 1:1-43. Permission granted for reproduction of the material.
2.
An excellent overview of consumer interests and AD policy can be found in Stegemann ( 1986). An earlier assessment of the dispute settlement regimes can be found in Rugman and Anderson ( 1989b) and McDorman ( 1988). An explanation of Canadian thinking on the subject of U.S. procedures in the administration of their unfair trade laws can be found in Rugman ( 1988). An American view is provided by Cluchey ( 1988) and Zuijdwijk ( 1988). Analysisof the Canadian unfair trade law system appears in Porteous and Rugman ( 1989), along with a comparison of the Canadian and U.S. unfair trade law systems.
3.
Gravelle and Rees ( 1981: Chapters 3-5) provide an overview of the theory of the consumer.
4.
For an in-depth and highly readable discussion of the theory of trade policy, refer to the seminal work of Corden ( 1971 and 1974).
5.
For an in-depth discussion of the issues surrounding the principle of efficiency, see Rawls ( 1971: 67-75).
6.
For a more in-depth discussion of the various schools of thought on the issue of social welfare, the development economics literature is particularly rich. For example, see Little ( 1982), especially chapter 16.
7.
For a discussion of the impact of U.S. business groups upon trade policy, see Lenway ( 1983). For a more general discussion of this topic from a legal perspective, see Hudec ( 1987b) and Trebilcock ( 1989). For an interesting discussion of the antitrust laws in Canada and the United States, see Davidow ( 1987) and Gillenet al. ( 1987).
8.
This view of trade policy is supported by Baldwin ( 1986). For other works on the various pressures and interest groups which account for this break between consumer welfare and the actual interests served by the FTA, see Baldwin ( 1985), Hudec ( 1987a), Schattschneider ( 1935), and Trebilcock ( 1989).
9.
The GATT AD Code and Subsidies and CVD Code were signed in 1979 as a result of the Tokyo Round of multilateral negotiations ( GATT 1980a: 171 and 1980b: 56). Canada implemented the Tokyo Round codes through the initial Special Import Measures Act (SIMA) in 1984 (revised in 1985), and the United States adopted them through the Trade Agreements Act of 1979 (TAA) (Canada 1985e and United States 1979d). A good general overview of the use of AD and CVD laws in international relations can be found in Jackson and Davey ( 1986: Chapter 6).
10.
See Canada (1985e: paragraphs 4[a][i] and [ii]) and United States (1930 as amended: subparagraph 701[a][2][A]).
11.
See United States (1989a: subsection 353.6,12772).
12.
See United States (1930: subparagraph 516[A][b][1] and 1979d: subsection 771[9]) and Canada (1988b: subparagraphs [a] through [e] of Section 3 and 1988c: paragraph 25[2][b], and subsections 26[2] through 26[4], and 28[1] through 28[3], and 29[1], 29[2] and 29[4], and 30[4] of Chapter 56).
13.
For more on this issue, see Baldwin ( 1985), Destler ( 1986), and Lenway ( 1983).

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