NAFTA Dispute Settlement and Mexico: Interpreting Treaties and Reconciling Common and Civil Law Systems in a Free Trade Area
| Autor: | J.C. Thomas, Sergio López Ayllón |
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| Rok vydání: | 1996 |
| Předmět: | |
| Zdroj: | Canadian Yearbook of international Law/Annuaire canadien de droit international. 33:75-122 |
| ISSN: | 1925-0169 0069-0058 |
| DOI: | 10.1017/s0069005800006044 |
| Popis: | SummaryThe first NAFTA Chapter 19 binational panel review of a Mexican antidumping determination raises important questions about the interpretation of treaties. In confronting the different way in which Mexico, a civil law country, had implemented NAFTA, the panel had to deal with a process of implementation different from that in the common law jurisdictions of Canada and the United States. The authors argue that in interpreting NAFTA, the panel relied on the negotiating history of one party, the United States, to reach a conclusion that did not represent the intentions of the three parties, and led to the exercise of a jurisdiction by a Chapter 19 panel in respect of Mexico that ü different from that exercised by Chapter 19 panels reviewing determinations from the other two NAFTA parties. |
| Databáze: | OpenAIRE |
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