Legal Integration of NAFTA Through Supranational Adjudication

Document Sample
Legal Integration of NAFTA Through Supranational Adjudication Powered By Docstoc
					Legal Integr
				
DOCUMENT INFO
Description: By supranational law, I mean legal rules and procedures that are authoritatively interpreted by institutions existing outside of the legal and political structures of the sovereign states that establish those institutions.4 These rules are frequently classifiable as public international law, but are capable of evolving into enforceable private rights.5 This aspect of supranational legal systems is the focus of this Article. In effect, Chapter 19 creates a NAFTA version of the World Trade Organization's dispute resolution process12 by providing for arbitration of disputes among nations regarding their antidumping and countervailing-duty measures.13 Although the mechanisms used are carefully crafted to appear as something less than appellate review, supranational panels established under Chapter 19 assess the national administrative decisions with regard to these matters.14 The arbitrators must be drawn for the most part from special panels nominated by the parties under an elaborate procedure.15 These panels have the de facto power to overturn certain international trade rulings of United States courts.16 Because the complaints in such cases are usually initiated by private parties in the United States, the effect is not unlike a lawsuit by a private party against a foreign government alleged to have dumped goods at unfair prices or to have granted subsidies to exporters.
BUY THIS DOCUMENT NOW PRICE: $6.95 100% MONEY BACK GUARANTEED
PARTNER ProQuest LLC
ProQuest creates specialized information resources and technologies that propel successful research, discovery, and lifelong learning.