NAFTA and the Dispute Settlement Mechanisms: A Transaction Costs Approach

Trade Defence Instruments in Africa: Possible Scenarios for Implementation under the TFTA

“…In a study conducted on CUSFTA for the period 1989-1994 it was shown that two thirds of Canadian appeals against US TDI actions before bi-national panels were remanded compared with one-third for non-NAFTA countries before the US Court of International Trade. 113 Although the study is relatively old it can indicate, in general, the favourable treatment Members of RTAs receive as a result of the creation of a review mechanism for national authorities' determinations. 114 In addition to the review of national administrative body determinations, the bi-national panel may review amendments to the national laws of Members on TDIs that are challenged for inconsistency with NAFTA and the WTO, 115 although this provision has never been invoked.…”

Trade Remedy Provisions in Regional Trade Agreements

“…She attributes this shift to the rulings of the binational panels. Rugman and Anderson (1997) reviewed the initial five-year period of the operation of CUSFTA. They noted that two thirds of Canadian appeals of US trade remedy actions before bi-national panels were remanded compared with one third for non-NAFTA countries before US tribunals (the Court of International Trade).…”