ABSTRACT

This chapter reviews the dispute settlement mechanisms cases that have occurred to date to see if they are living up to the expectations that were projected for them prior to the signing of the original Canada-US Free Trade Agreement (FTA). The dotted sections of the arrows connecting the FTA and consumer welfare illustrate that while there is a linkage between these two levels, it is tenuous at best. The US and Canadian General Agreement on Tariffs and Trade-based anti-dumping (AD) and countervailing duty (CVD) laws were left untouched by the FTA. Under Chapter Nineteen, the party requesting review of an AD or CVD case must meet the statutory definition of an interested party and have participated in the relevant administrative proceeding. The chapter focuses on the economic paradigm, and explores the ultimate objectives, upon which the FTA is based and which it is intended to serve.