International trade law Part 18

International trade law Part 18

 

201

The Administration of Justice in International Disputes: The Dynamics of NAFTA Chapter 19 & 20 Dispute Resolution Procedures
Sara Siebert
Hibernian Law Journal
Volume 3, Number 1, 2002 p.15

LAW JOURNAL / LAW REVIEW

It is indeed a truism that the ultimate success of the North American Free Trade Agreement (NAFTA) depends in large part on the effectiveness and credibility of its dispute settlement system. A scheme that is perceived as facilitating fair and equitable results while reinforcing the Rule of law and eliminating national and political biases is generally regarded as successful. It is also recognised that an efficient dispute resolution system has the potential to advance the goals set out in the Agreement while a weak system will generally inhibit progress towards economic integration in the Americas. As such, the performance of the NAFTA s system for settling disputes among the parties is a critical element of the Agreement. Indeed, the functioning of these mechanisms is as important if not more so than the substance of the issues in dispute. This article examines the dispute resolution mechanisms established under NAFTA Chapters 19 and 20.

202

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 4, 2004

LAW JOURNAL / LAW REVIEW

203

Trade, Monitoring, and the ILO: Working To Improve Conditions in Cambodiaà•s Garment Factories
Kevin Kolben
Yale Human Rights & Development Law Journal
Volume 7, 2004

LAW JOURNAL / LAW REVIEW

The U.S.-Cambodia Bilateral Textile Trade Agreement, signed on January 20, 1999, was remarkable for its inclusion of a labor standards provision that created incentives for the Cambodian garment industry to bring itself into substantial compliance with international labor standards and Cambodian Labor law . The labor standards provision provided the impetus for the creation of a novel program, to be operated by the International Labor Organization (ILO). This program combined trade-related incentives to enforce workers’ rights with an unprecedented plan to have the ILO conduct factory-level monitoring of working conditions. This Article examines how the program was designed and implemented and evaluates the proposals and conceptions that preceded the final project document. This analysis provides a case study on how to construct and implement future programs that combine trade and factory monitoring to improve working conditions and enforce core labor rights along the global supply chain.

204

Book Reviews and Notices
Irish Jurist
Volume 38, 2003 p.393

LAW JOURNAL / LAW REVIEW

Hood, The Death Penalty, A Worldwide Perspective; O’Leary, Employment Law at the European Court of Justice. Judicial Structures, Policies and Processes; Dillon, International Trade and Economic Law and the European Union; Mousourakis, The Historical and Institutional Context of Roman Law; Laurie, Genetic Privacy: A Challenge to Medico-Legal Norms; Healy, with a biographical introduction by Charles Lysaght, The Old Munster Circuit; Asouzu, International commercial arbitration and African States: Practice, Participation, and Institutional Development; Markesinis and Unberath, The German Law of Torts, A Comparative Treatise; Steiner, French Legal Method; Kilcommins and O’Donnell (eds), Alcohol, Society and Law; Lynch-Fannon, Working Within Two Kinds of Capitalism

205

Safeguard Measures in World Trade: The Legal Analysis by Yong-Shik Lee Kluwer Law International, 2003
JOANNA GOMULA
World Trade Review
Volume 3, Issue 2, July 2004 p.335-339

LAW JOURNAL / LAW REVIEW

206

Secrecy, Monopoly, and Access to Pharmaceuticals in International trade law : Protection of Marketing Approval Data Under the TRIPs Agreement
Aaron Xavier Fellmeth
Harvard International Law Journal
Volume 45, Number 2, Summer 2004 p.443

LAW JOURNAL / LAW REVIEW

207

Choi, Won-Mog. ‘Like Products’ in International Trade law : Towards a Consistent GATT/WTO Jurisprudence
Steve Charnovitz
American Journal of International Law
Volume 98, Number 3, July 2004 p.610

LAW JOURNAL / LAW REVIEW

208

International Implications: The Elephant in the Living Room in Public Citizen v. Department of Transportation
Katharine G. Shirey
Environmental Law
Volume 34, Number 3, Summer 2004 p.961

LAW JOURNAL / LAW REVIEW

In this Chapter, Ms. Shirey examines the Ninth Circuit’s decision in Public Citizen v. Department of Transportation. That case lies at the intersection of the North American Free Trade Agreement (NAFTA) and the National Environmental Policy Act (NEPA). The parties and the Ninth Circuit nonetheless chose to couch the issues in purely domestic terms. As the globalization of trade and capital continues to increase the interdependence of the United States and other nations of the world, cases involving the clash between the United States’s international trade obligations and the protection of the domestic environment will become more common. After examining the international law, foreign relations, and separation of powers issues implicated in Public Citizen, this Chapter concludes that Congress should use its foreign commerce power to expressly address the domestic environmental consequences of international obligations taken on by the United States.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International commercial arbitration, International trade law, Labor law, Rule of law, Trade law.

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