New challenges for the maquiladoras: legal and policy implications of NAFTA Article 303 for United States-Mexico trade.
I. INTRODUCTION The North American Free Trade Agreement (NAFTA) (1), which entered into force on January 1, 1994, has greatly stimulated the expansion of trade within North America. In particular, the phased elimination of tariff barriers for trade in goods that "originate" in North America, along with...

Improving WTO Dispute Settlement Procedures: Issues & Lessons from the Practice of Other International Courts and Tribunals.
Improving WTO Dispute Settlement Procedures: Issues & Lessons from the Practice of Other International Courts and Tribunals Edited by Freidl Weiss London, Cameron May, 2000; 430 pages, hardcover The choice of subject for this book was occasioned by the abortive Seattle Ministerial Conference of the WTO (World...

Trade, sustainability, and the WTO: environmental protection in the Hong Kong SAR.
1. INTRODUCTION Environmental well-being affects human health. An important yardstick in measuring the environmental well-being of coastal states is the sustainability of fisheries. (1) A recent study has suggested that the world's fish catch might be much smaller than previously reported. (2) Nevertheless, the decline of world's...

Why international justice limps.
On August 31, 1946, Albert Speer delivered his final remarks at the Nuremberg trials. He spoke not to exculpate himself, he explained, but to warn the West about some poorly understood dangers of modern technology. In five or ten years, he told the court, due to advances in nuclear,...

WTO panel rules on EU appeal to Cuban rum decision.
WASHINGTON -- An appellate panel of the World Trade Organization ruled a US law that prohibited a Cuban-French rum joint venture from protecting its US trademark must be amended. But the Jan. 2 ruling on an appeal of an earlier decision by the WTO did not give...

Political economy of the U.S.-Canada softwood lumber dispute.
The United States and Canada enjoy the benefits of the world's largest bilateral trading relationship. The United States accounts for about eighty percent of Canada's total foreign trade, and Canada accounts for more than twenty percent of the goods and services trade of the United States. The two-way trade...

Patent necessity: intellectual property dilemmas in the biotech domain & treatment equity for developing countries.
I. INTRODUCTION The dearth of access to affordable AIDS therapies in developing countries is increasingly blamed on the intellectual property norms of the North and their operationalization in global free trade regimes. This article examines key issues, interests, orientations and preferences in the North-South debate on intellectual...

Dispute settlement in the NAFTA: a surprising record of success. (The Border Papers).
The Study in Brief Chapter 19--that part of the North American Free Trade Agreement (NAFTA) dealing with antidumping (AD) and countervailing duty (CVD) actions--permits parties to appeal actions brought by one NAFTA member against imports from another to a special binational panel instead of to the domestic...

Arbitration under NAFTA Chapter 11: past, present, and future.
I. INTRODUCTION This Article explains the background of the North American Free Trade Agreement (1) (NAFTA) by centering on its dispute resolution provisions and outline the provisions of Chapter 11 of NAFTA (Chapter 11), perhaps the most innovative and certainly the most controversial part of the entire...

Structure, legitimacy, and NAFTA's investment chapter.
ABSTRACT In this Article, Professor Brower examines the investment chapter of the North American Free Trade Agreement (NAFTA). He argues that the relevant treaty provisions lack a substantial measure of textual clarity. In addition, he argues that ad hoc tribunals based on the commercial arbitration model have...