NAFTA's Article 2005 prescribes that the NAFTA governments, being Canada, Mexico and the US, may choose either a multilateral or a regional forum within which to solve their trade disputes. Thus, they may choose between either the new WTO dispute settlement mechanism or the NAFTA Chapter 20 dispute settlement mechanism. Nevertheless, in order to have an effective choice of forum, there is one essential condition: the subject matter of the dispute must be similar or identical, and there must be some degree of subject matter overlap in both the NAFTA and WTO provisions. The relationship between NAFTA, the WTO and GATT is complex. The core problem is whether there is a legal distinction between the GATT 1947 and the GATT 1994, incorporated into the WTO Agreement, in order to establish either NAFTA or WTO primacy. The latter-in-time treaty general rule will decide the issue. Nevertheless, a decisive conclusion cannot be drawn, as this should be studied on a case-by-case basis.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.29565 |
| Date | January 2002 |
| Creators | Luna, Julieta Uribe |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001986399, proquestno: MQ85916, Theses scanned by UMI/ProQuest. |
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