Dispute resolution under NAFTA: building on the U.S.-Canada FTA, GATT and ICSID

Article Abstract:

The North American Free Trade Agreement draws from GATT, the Convention on the Settlement of Investment Disputes and the US-Canada Free Trade Agreement for dispute settlement procedures. The three main dispute settlement procedures are for disputes by investors, antidumping and countervailing duty disputes and resolution of disputes between parties contained in Chapters 11, 19 and 20 respectively. The Chapter 11 procedure is the most innovative, but all three are likely to provide a more timely response than GATT, although retaliation is the ultimate resort of both systems if the resolution is not accepted.

Laws, regulations and rules, Pacific settlement of international disputes, Peace negotiations, Free trade

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The non-violation procedure of Article XXIII:2, GATT

Article Abstract:

Over 140 trade disputes have been settled under GATT through the measures defined in Article XXIII:2. Of these, nine have been what is termed a non-violation complaint. The usefulness of these GATT proceedings have been questioned since they have no binding force. One of the goals of the Uruguay Round has been to enact the force of law behind Article XXIII proceedings. This would limit the procedure's usefulness by removing the goal of restoring an equilibrium between trading partners and creating an adversarial atmosphere.

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The US-Canada FTA and GATT disputes settlement procedures: the litigants view

Article Abstract:

The use of private attorneys in international trade dispute resolution is increasing. Chapter 19 of the US-Canada Free Trade Agreement provides for binding arbitration by panels of specialists, many of whom are private attorneys. US government GATT arbitration utilizes attorneys who are have specialized in GATT practices in draft preparation. The attitude of the US government has been changing, and use of private counsel in dispute resolution is just part of it.

Practice, International law

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