search query: @indexterm LITIGATION / total: 152
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| Author: | Horlick, G. N. |
| Title: | The US-Canada FTA and GATT disputes settlement procedures. The litigant's view |
| Journal: | Journal of World Trade Law
1992 : APR, VOL. 26:2, p. 5-15 |
| Index terms: | USA CANADA GATT CONFLICT LAW LITIGATION |
| Language: | eng |
| Abstract: | GATT rules create the most used dispute resolution mechanism between states. The role of private counsel and that of private members of panels is discussed. Direct enforceability in the national law of the USA is not a likely prospect, but there is enormous political pressure on the USA government to react to private parties' complaints. The USA-Canada Free Trade Agreement contains eight different dispute resolution mechanisms, two of which are discussed; Chapter 18 that has not worked and Chapter 19 that is driven by private parties. Instead of an appeal there is a Challenge Committee. The question: what Chapter 19 is good for, is discussed. Alternate dispute resolution is considered. |
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