Chapter 19 of the United States-Canada Free Trade Agreement 1989-95: A Check on Administered Protection?
In: Northwestern Journal of International Law & Business, Jg. 15 (1995-04-01), S. 525
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academicJournal
Introduction The United States-Canada Free Trade Agreement 1 expressed the mutual desire of Canadian and American exporters to secure permanent access to the other country's market. Of particular concern to Canada during the FTA negotiations was the perceived need to reduce the impact of such non-tariff barriers to trade as American antidumping (AD) and countervailing duty (CVD) laws. 2 It was recognized that eliminating tariff levels under the FTA would only nominally benefit Canadian exporters if American non-tariff barriers were allowed to retain their existing status. 3 Chapter 19 of the FTA was created to address this Canadian concern. The FTA Chapter 19 system provided for review by five-member panels 4 of antidumping, countervailing duty, and material injury determinations made by one party respecting goods of the other party. 5 Chapter 19 allowed both Canada and the United States to retain their domestic trade remedy laws, 6 and provided that cases would be reviewed under the domestic law of the country whose agency made the final determination in dispute. 7 Chapter 19 also established a detailed set of rules and deadlines for panel review, 8 a Code of Conduct for panelists, 9 and an "Extraordinary Challenge Committee" that would be available in exceptional circumstances to review a binational panel decision. 10 Nearly all of the 49 cases initiated under Chapter 19 of the FTA have been completed and, as such, it is now possible to draw some conclusions as to how this hybrid dispute settlement system performed ...
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Chapter 19 of the United States-Canada Free Trade Agreement 1989-95: A Check on Administered Protection?
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Autor/in / Beteiligte Person: | Mercury, John M. |
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Zeitschrift: | Northwestern Journal of International Law & Business, Jg. 15 (1995-04-01), S. 525 |
Veröffentlichung: | 1995 |
Medientyp: | academicJournal |
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