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Full-Text Articles in Law

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 Dec 2014

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

Stephen Joseph Powell

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 …


The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett Dec 2014

The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett

Stephen Joseph Powell

For discussion purposes, we have been asked to assume that the agreement entered into in October 1996 between the U.S. Department of Commerce (Commerce) and Mexican tomato exporters, which resulted in suspension of an antidumping investigation of tomatoes from Mexico, has ended. The new owner of many of Florida's winter vegetable producers, concerned with the continuing rise in market share represented by Mexican imports, is considering further action under the trade remedy and other laws. This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute …


The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum Nov 2014

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.


North American Free Trade Agreement: The Public Debate, Frances Lee Ansley Oct 2014

North American Free Trade Agreement: The Public Debate, Frances Lee Ansley

Georgia Journal of International & Comparative Law

No abstract provided.


Expansion Of Nafta: Issues And Obstacles Regarding Accession By Latin American States And Associations, Brandy A. Bayer Oct 2014

Expansion Of Nafta: Issues And Obstacles Regarding Accession By Latin American States And Associations, Brandy A. Bayer

Georgia Journal of International & Comparative Law

No abstract provided.


The "Giant Sucking Sound" Revisited: A Blueprint To Prevent Pollution Havens By Extending Nafta's Unheralded "Eco-Dumping" Provisions To The New World Trade Organization, Joel L. Silverman Oct 2014

The "Giant Sucking Sound" Revisited: A Blueprint To Prevent Pollution Havens By Extending Nafta's Unheralded "Eco-Dumping" Provisions To The New World Trade Organization, Joel L. Silverman

Georgia Journal of International & Comparative Law

No abstract provided.


The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht Oct 2014

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

Georgia Journal of International & Comparative Law

No abstract provided.


Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni Oct 2014

Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni

University of Miami International and Comparative Law Review

No abstract provided.


One Step Forward, Two Steps Back: The Central American Free Trade Agreement And The Environment, Nathaniel Hemmerick Hunt Sep 2014

One Step Forward, Two Steps Back: The Central American Free Trade Agreement And The Environment, Nathaniel Hemmerick Hunt

Georgia Journal of International & Comparative Law

No abstract provided.


Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess Sep 2014

Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess

Georgia Journal of International & Comparative Law

No abstract provided.