Environment and trade: who will be heard? What law is relevant?

Article Abstract:

The Fifth U.S. Circuit Court of Appeals decision in Corrosion Proof Fittings v EPA barred international interests from consideration, based on the wording of US law, being administered by a US agency. The Canadian interests in the case presented arguments based on the Free Trade Agreement, the General Agreement on Tariffs and Trade as well as the US Toxic Substances Control Act. This is an indication that in disputes of issues of the environment versus trade liberalization, that US interests will hold sway over international law.

Interpretation and construction, Commercial treaties, Trade agreements, Environmental law

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The WTO appellate body needs remand authority

Article Abstract:

The World Trade Organization (WTO) has established an Appellate Body, which possesses an important attribute of all mature legal systems, namely, the separation of the judicial power from other branches of the political organization. While its significance as a tribunal to consider appeals only of questions of law is considerable, it lacks one of the most important powers of an Appellate Body. This is the power to remand cases to a lower tribunal whose decision has been appealed.

Private Households, Other Intnl Groups, Powers and duties, Appellate courts, Courts of last resort, Judicial councils

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A commentary on the WTO anti-dumping code

Article Abstract:

The World Trade Organization's anti-dumping code which implements the provisions of Article VI of the General Agreement on Tariffs and Trade is designed to prevent dumping of commodities among member countries. However, the European Economic Community has argued that the article was designed to prevent the implementation of anti-dumping measures. The existence of technicalities indicate the need for additional discussions among countries.

Analysis, Laws, regulations and rules, World Trade Organization, Dumping (International trade)

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