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Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
UF Law Faculty Publications
Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …
Legal Cultures Of Latin America And The United States: Conflict Or Merger, Michael Wallace Gordon
Legal Cultures Of Latin America And The United States: Conflict Or Merger, Michael Wallace Gordon
UF Law Faculty Publications
I am uncertain about how LatCrits think about the legal cultures of Latin America and the United States, and what I might possibly add to this collection of America's preeminent group of LatCrits. Perhaps what might be useful is to draw upon my thirty-five years of teaching law to note some examples where the two cultures have come in conflict or have merged. One might wish to know who "won," or better, what survived, when they came in conflict or merged. An example of the former is when new states of this union in the 1800s were presented with an …