The application of Canadian and U.S. trade remedy laws: irreconcilable expectations?

Article Abstract:

The Canada-United States free trade agreement provides for the creation of a bilateral panel to settle trade disputes between Canada and the United States. Mandated to determine whether existing domestic trade remedy laws have been applied "correctly and fairly", the bilateral panel has been heralded as ensuring an end to bias, protectionism and political interference in the U.S. trade remedy system. A review of recent decisions with respect to the application of countervailing duties on agricultural commodities in Canada and the United States traces the bias and protectionism in both countries to the considerable discretion allowed trade law administrators. While both systems are defensive of domestic interests, there is more direct political involvement in the U.S. system. The differing degree of intervention reflects the differing expectations and traditions of the two countries: the Canadian tradition of political independence of administrative tribunals, the U.S. expectation of political direction on trade issues. This contrast, plus the ample interpretive discretion allowed trade remedy authorities in both countries, indicates the potential for appreciable differences in how the United States and Canada are likely to interpret what constitutes a "correct and fair" application of trade relief laws. (Reprinted by permission of the publisher.)

International trade, Commercial treaties, Trade agreements, International law

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The deployment of Canadian experts and teachers in international development

Article Abstract:

The purpose of this paper is twofold. First, it examines the deployment of Canadian experts and teachers in international development. Secondly, it assesses the extent to which the distribution of Canadian expertise among developing countries is consistent with with the Canadian policy of concentrating on the needs of the poorest of the poor and those in greatest need. The results show that over one-half of all Canadian experts go to africa and that about twenty per cent are women, mostly in traditional female-dominated professions. Using more objective social and economic development indicators, such as the Physical Quality of Life Index and Disparity Reduction Rates, however, the results show that the deployment of Canadian expertise does not reflect the real needs of many of the developing countries receiving aid from the Canadian International Development Agency. These contradictions and inconsistencies are discussed in the light of competing and often conflicting foreign policy objectives which often override the legitimate development needs of the most needy countries. Specific suggestions are made to alleviate some of the inconsistencies. (Reprinted by permission of the publisher.)

International aspects, Economic assistance, Foreign economic assistance, International relations

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