Dispute Settlement in Trade Agreements: A Day in Court or Negotiation by Other Means
Article from: OGEL 3 (2005), in International Oil, Gas & Energy Dispute Management
A long festering dispute between Canada and the United States on trade in softwood lumber raises serious questions about the object and purpose of dispute settlement in trade agreements. In broad terms, the issue is whether the US is bound by the findings of adverse dispute settlement decisions on the application of antidumping and countervailing duties. The Canadians contend that the US has no choice but to comply. The US argues that a solution can only be found by negotiation. The legal dimensions of the case are complicated because the dispute settlement procedures of both the ...