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

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

Article 2021 of NAFTA maintains the restriction of the right of other parties in the NAFTA area to instigate actions under domestic laws against any one of the three Parties to the Agreement, just as was done under the Canada-U.S. FTA. Unless a party can convince its government to initiate cases against one of the other Parties to NAFTA, there is nothing that can be done. There is no equivalent to the European Court of justice in NAFTA. Once again NAFTA, much as the Canada-U.S. FTA, demonstrates little if any concern for expanding any welfare-enhancing effects of the free trade area beyond those that were added to this Agreement purely on the political power of those groups in the United States and in the other two countries, who were able to have their agenda included in NAFTA. The interest groups included, for example, associations and business interests representing sunset industries and organized labor in the United States; cultural industries in Canada; and environmentalists, particularly those in the United States. One has to ask where were the governments and their concerns for increasing the pace of adjustment in such areas as improving the social welfare of Mexicans and building an infrastructure to overcome the pollution problems along the Mexico-U.S. border. Overall, while listening to the voices of select interest groups, the Parties to NAFTA have ignored the much larger interests of the rights of consumers in their countries and have not allowed consumers to be able to directly question any of the Parties to the Agreement when the consumers do not receive the benefits promised under the Agreement.

There were more than twenty areas in which there was no substantive agreement in NAFTA negotiations or where a Party believed that there was likely to be disagreement in the future. These areas were parcelled off into six Working Groups and thirteen Committees and Subcommittees in order to discourage trade disputes from breaking out (Annex 2001.2). It could be argued that such a situation already occurred under the Canada-U.S. FTA, e.g., in the Honda and CAMI rules of origin disputes, which will now be covered under the Working Group on Rules of Origin and the Customs Subgroup in NAFTA. In addition, the inclusion in Chapter Five of the NAFTA rules on customs procedures has been designed to permit advance rulings by customs departments in the NAFTA area on whether or not the goods qualify under the Rules of Origin as North American goods. NAFTC is responsible for supervising the work of all the Committees and Working Groups established under the Agreement.


Conclusions

Overall, an examination of the trade DSM procedures available under NAFTA reveals little that is startling or particularly new or innovative. The original idea of binational dispute panels to settle AD and CVD as well as general trade disputes is carried forward from the Canada-U.S. FTA. The

-221-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

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

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 320

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.