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Seeking Common Ground Canadau s Trade Dispute Settlement Policies In The Nineties 1st Edition by Andrew D Anderson ISBN 0367286998 9780367286996

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Seeking Common Ground Canadau s Trade Dispute Settlement Policies In The Nineties 1st Edition Andrew D Anderson Digital Instant Download

Author(s): Andrew D Anderson
ISBN(s): 9780367286996, 0367286998
Edition: 1
File Details: PDF, 11.13 MB
Year: 2019
Language: english
SKU: EB-10811144 Categories: , Tag:

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ISBN 10: 0367286998 
ISBN 13: 9780367286996
Author: Andrew D Anderson

On January 1, 1989 the Canadian government began to implement the free trade deal that it had completed with the Government of the United States on October 4, 1987. Before signing the Canada-U.S. Free Trade Agreement (FTA) the Canadian government had sought exemption from the use by the United States of its ‘unfair’ trade law system of anti-dumping (AD) and countervailing duties (CVDs). While the U.S. ‘unfair’ trade law system is presumed to be based on principles agreed to in the General Agreement on Tariffs and Trade (GATT), economists, and other scholars, have contended that the system is not being applied properly; by reducing the harm caused by the margin of the foreigners’ subsidy or dumping practices. Instead, it is being used to provide shelter to U.S. based corporations and industries seeking import relief, where shelter represents a type of administered trade protection, since the actions are undertaken and paid for by the U.S. government. This abuse came to represent a serious problem for Canadian producers in the1980s, who are extremely reliant on exports to the United States. To an increasing degree they believed they had become the target of U.S. trade law actions by their U.S. competitors. The United States was, however, not prepared to eliminate its ‘unfair’ trade law system for Canada, but instead, agreed to the setting up of two dispute settlement mechanisms (DSMs) where Canadian and American citizens could sit on binational panels to hear the final review of complaints lodged against the administrative agencies actions in either country on AD and CVD cases under Chapter Nineteen of the FTA or on general trade disputes under Chapter Eighteen of the FTA. This book critically examines the development and implementation of these two DSMs over the January 1, 1989 to August 15, 1994 period. It also provides a broader analysis of the issues surrounding the problems of the application of the ‘unfair’ trade laws, by examining the Canada-U.S. FTA’s DSM systems against the present use by Canada and the United States of the procedures available under the 1979 GATT Subsidies Code. It also examines the changes that have been made in the 1994 GATT Subsidies Code and the North American Free Trade Agreement (NAFTA) which has incorporated, with revisions, Chapter Eighteen and Nineteen as Chapter Twenty and Nineteen of the NAFTA, respectively, and extended access to these mechanisms to Mexico. This book primarily focuses on the application of CVDs and the adverse international affects of governments subsidies practices, though many of the issues raised are also applicable to the application of AD duties and the private subsidization activities of firms. The book finds that, first; the Chapter Nineteen DSM may provide some short-term benefits to Canadian producers, but for ensuring the long-run 313stability of Canadian producers access to their U.S. markets, including the eradication of harassment by U.S. based producers using the ‘unfair’ trade laws, Canada still needs to push for major changes to the CVD and AD processes in the NAFTA mandated Working Groups. Second, if Chapter Eighteen, or now Twenty of the NAFTA, is going to best serve the interests of Canadian, American and Mexican citizens, then it is going to have to be seriously revised to take into account some type of consumer welfare criterion. As NAFTA is presently written it has a strong bias, carried over from the Canada-U.S. FTA, toward producer interests which may detract from the long run interests of consumers in the NAFTA area. The ability of groups who seek redress for the closing of markets in the NAFTA area by the three Parties to the Agreement is very weak at the present time.

Seeking Common Ground Canadau s Trade Dispute Settlement Policies In The Nineties 1st Table of contents:

1 Corporations and the Capture of Trade Policy
Canada-U.S. Trade Policy in the Late 1980s
Anti-Dumping and Countervailing Trade Laws
The Protectionist Nature of the Use of AD and CVD Trade Laws
The Theory of Strategic Trade Policy
Overview of the Book
Conclusions
2 Domesticating the GATT: The Design and Use of the U.S. and Canadian Trade Law Systems
Domesticating the GATT AD and CVD Codes
U.S. Trade Law Procedures
U.S. CVD and AD Actions Against Canada
U.S. “Unfair” Trade Law Actions Against Canada Prior to 1980
Canadian Trade Law Procedures
Canadian Anti-dumping and Countervailing Duty Cases
Summary and Conclusions
3 Discriminatory Practices in the U.S. and Canadian “Unfair” Trade Law Systems
GATT Rules on “Unfair” Trade Practices
Increases in the Use of Non-GATT Sanctioned Procedures
Differences Between U.S. and Canadian Administrative Practices
Economic and Legal Costs of U.S. “Unfair” Trade Laws
Implementation Structure for Government Trade Policy
Summary and Conclusions
4 Resolving International Trade Disputes: The GATT Multilateral and the Canada-U.S. FTA Bilateral DSM Process
Seeking a Resolution to the AD and CVD Problem: The New DSMs
Part One: Canada-U.S. Trade Dispute Resolution Under the GATT
The GATT and Dispute Resolution
DSMs in the GATT Articles XXII and XXIII: The GATT Tokyo Round and Dispute Settlement
GATT Dispute Panels
Part Two: DSMs in the FTA
Chapters Nineteen, Eighteen and Eleven
Chapter Nineteen: AD and CVD Bilateral DSM
Chapter Eighteen: General Dispute Resolution
Chapter Eleven: Emergency Action (Escape Clause or Safeguard Actions)
Conclusions
5 An Economic Evaluation of the DSMs in the Canada-U.S. FTA: Chapter Nineteen
An Economic Framework for Analyzing the DSMs
Incorporation of Consumer Welfare in Trade Law
Chapter Nineteen and Consumer Welfare
Chapter Nineteen Cases
Specific Cases
The U.S. Reviews and Decisions
The Canadian Reviews and Decisions
Outcome of Remands Made by the Chapter Nineteen Dispute Panels
Improving the DSM Process: Incorporating Consumer Welfare
Chapter Nineteen and the GATT DSMs
Conclusions
6 North American FTAs, Consumer Welfare, and the Resolution of General Trade Disputes
Chapter Eighteen and Consumer Welfare
Chapter Eighteen Issues and Cases
Chapter Eighteen Arbitration Panel Cases
Introducing Consumer Welfare to Chapter Twenty
The Flexibility of Present Institutions in Canada and the United States
Expanding on the Strengths of Cultural Diversity
Use of and Growth in Chapter Twenty
The Future of Chapters Twenty and Nineteen
Appendix 6.1: An Overview of NAFTA
Conclusions
7 An Examination of the 1994 GATT Subsidies Code Procedures
Searching for a Revitalized Subsidies Code
Part One: Track II Issues
Part Two: Track I Issues
Part Three: Reviving the GATT Subsidy Dispute Mechanism
Part Four: Summary and Conclusions
8 Prioritizing an Agenda for Trade Dispute Settlement in North America
Overcoming Domestic Interests
A Royal Flush
Implementing a Coherent Canadian Trade Policy
Implications of Third-Party DSM Processes for NAFTA

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