The provisions set out in Chapter 18 of the C-U.S. FTA created a complex structure of bilateral institutions and designed a general system to assist in the avoidance and the resolution of bilateral trade disputes. In the first chapter of the thesis, I will look at the provisions of Chapter 18 in a broad context. From this departure point, I will go through the dispute management and settlement techniques available in the Agreement and the institutional structure designed for its management. I will attempt to present a systematic analysis of the overall system created in the bilateral treaty, by referring to the various aspects and features of the regime created by virtue of Chapter 18. This first part includes a detailed examination of the techniques available to the Parties, such as notification, the request for information and consultation, and the resort to arbitration and advisory panels. With respect to the institutional framework, attention will be given to the general structure and functioning of the bodies involved in the dispute resolution process. Within the second chapter, an analysis of the current status of the Chapter 18 cases establishes a background to facilitate a further evaluation of the mechanism to date. A brief and general examination of the procedural and substantive issues related to the panel experience is provided to present a global picture of the actual functioning of the dispute settlement provisions of the Agreement. Finally, in the third chapter, I will focus on the perspectives and options available to improve the dispute settlement regime, with special regard to the current process of establishing a North American Free Trade Agreement between Canada, Mexico and the United States. Once a basic analysis of the structure and the functioning of the Agreement is provided for in the two preliminary chapters, I will study the alternatives for the management of a more complex trade relationship. At this last stage of the research, I will examine the main issues embodied in a NAFTA dimension, such as the adjudicative alternative to solve international trade disputes, the formal right of individuals to become part of the process of settlement of commercial conflicts and the enhancement of a more rule-based regime to manage the broader North American framework.
| Identifer | oai:union.ndltd.org:uottawa.ca/oai:ruor.uottawa.ca:10393/10831 |
| Date | January 1993 |
| Creators | Mendez Lopez, Carlos Fradique. |
| Publisher | University of Ottawa (Canada) |
| Source Sets | Université d’Ottawa |
| Detected Language | English |
| Type | Thesis |
| Format | 148 p. |
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